2981 Amendments of Gérard DEPREZ
Amendment 3 #
2019/2003(BUD)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas the Court of Auditors issued an opinion No 5/99 on 16 June 1999 entitled “Pension Fund and Scheme for Members of the European Parliament”;
Amendment 13 #
2019/2003(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that savings of EUR 23 million as compared to the proposal of the Secretary-General are required to limit the overall increase over the 2019 budget to 2,43% and that all efforts to strive for a more efficient and transparent use of public money are strongly encouraged;
Amendment 17 #
2019/2003(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the new approach that has been takenTakes note of increased transparency in the preparation of the Secretary-General’s report during the past years, such as the provision of additional information on medium- and long-term planning, investments, statutory obligations, operational expenditure and methodology, as requested by the budgetary authority;
Amendment 19 #
2019/2003(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. ExpectDemands Parliament’s 2020 budget to be realistic and accurate regarding the matching of needs and their costs, to avoid over-budgeting insofar as possible;
Amendment 21 #
2019/2003(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Emphasises that maximum care should be taken to ensure that the overall budgetary and staffing resources at Parliament's disposal are used in the most cost-efficient way possible to enable the institution and its Members to fulfil their ultimate mission on legislation successfully; reiterates that this implies careful planning and organisation of its working methods and, whenever possible, the pooling of functions and structures to avoid unnecessary bureaucracy, functional overlaps and duplication of effort and resources;
Amendment 22 #
2019/2003(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 27 #
2019/2003(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Underlines that, in the aftermath of the European elections, the measures and expenses undertaken under the banner of the pre-election communication campaign should be discontinued, including the reinforced financing of the European political parties and foundations as well as the additional staff resources recruited in this regard;
Amendment 28 #
2019/2003(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Wonders about the added value/cost ratio of the installation of the Europa Experience centers in all Member States within 10 to 15 years; asks the Secretary-General whether such analysis has been carried out and if not, considers that such analysis has to be done before proceeding with this project;
Amendment 32 #
2019/2003(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. WelcomNotes the creation of a series of mobile installations, which would tour Member States to bring the Union closer to citizens;
Amendment 33 #
2019/2003(BUD)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Is not satisfied by the way Parliament promotes its applications or websites to inform citizens on the Union’s work such as “Citizens’ App” and “What Europe does for me”; regrets that the promotional campaigns put in place seem to be little visible outside the sphere of the European institutions; calls for a more methodical and efficient approach to be put in place;
Amendment 34 #
2019/2003(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 42 #
2019/2003(BUD)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Disagrees with the on-going practice of the year-end ‘mopping up transfer’ to contribute to current building projects; highlights that this ‘mopping up transfer’ takes place systematically on the same chapters, titles and, often, exactly on the same budgetary lines and wonders whether there is a programmed over- evaluation of these, in order to generate funds for the financing of the EP building policy; considers that the building policy should be financed in a transparent manner from the budgetary lines dedicated to it;
Amendment 45 #
2019/2003(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Takes note thatQuestions the proposal for the rent and maintenance of all existing Luxembourg buildings are stillto be budgeted for the entire year 2020, considering that the removal from existing buildings can onlywill be made gradually; during the year; expects therefore that the first savings on various budget items will be achieved already in 20210;
Amendment 46 #
2019/2003(BUD)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Asks for further details on preparatory technical works including the relocation of functionalities, such as for those situated in the PHS building, to oQuestions, given that the Bureau decision on the future of the PHS building is not expected before the end of 2019 or the beginning of 2020, the proposal to engage EUR 12,4 million for preparatory technical works including the relocation of functionalities to other buildings and requests to provide the Committee on Budgets with detailed estimations and cost breakdown in this regard before the Parliament’s reading of ther buildingsdget in autumn 2019;
Amendment 48 #
2019/2003(BUD)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Questions the very high costs of certain proposed developments, namely: the installation of the Atrium building visitors' seminar rooms (EUR 8,720 million), the multifunctional space in the Esplanade area (EUR 2,610 million), the creation of a self-service canteen in the SDM building in Strasbourg (EUR 1,9 million); calls on the Secretary-General to provide the Committee on Budgets with any information relating to these decisions before the Parliament's reading of the budget in autumn 2019;
Amendment 49 #
2019/2003(BUD)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Wonders about the opportunity to allocate EUR 2,420 million for the installation of interactive touch-screens at the entrances of a number of small and medium meeting rooms; asks the Secretary-General to explain the elements that led to such decision before the Parliament's reading of the budget in autumn 2019 ;
Amendment 50 #
2019/2003(BUD)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18 c. Is surprised that security cameras are only installed up to the 5th floor of the ASP building; considers that each floor must be equipped with such a camera to allow the "Security Investigations" service of the Parliament to do its work properly, especially in case of theft; considers that the idea is not to make Parliament a “police space”, but rather to guarantee the security of everyone; asks, therefore, to grant the DG safe of the necessary means for the installation of these cameras;
Amendment 54 #
2019/2003(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. BelieveConsiders that further savings canshould be achieved as regards the expenditure on furniture for the offices of Members and their assistants, given the complete refurbishment of those offices at the start of the mandate in 2019;
Amendment 55 #
2019/2003(BUD)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Is concerned by the intentions of the Parliament to expand its activity and diplomatic presence in Indonesia (Jakarta), Ethiopia(Addis Ababa) and the United States (New York); regrets that despite the absence of a comprehensive cost-benefit analysis and further elaboration on the underlying arguments for the choice of these specific locations, the Bureau agreed with the proposal, as well as with the appointment of the current head of the Parliament’s office in Washington D.C. as the new head of office in Jakarta; urges, therefore, the Secretary-General to identify the affected budget lines and to clarify this non- transparent state of affairs through the explanation of the decision-making process regarding these different locations and the appointment of the new head of office in Jakarta; considers, meanwhile, that this decision must be suspended;
Amendment 58 #
2019/2003(BUD)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Considers that potential savings to the Parliament’s budget can be achieved with a single seat; recalls the 2014 ECA analysis which estimated the costs of the geographic dispersion of Parliament to be EUR 114 million per year; recalls furthermore that due to this Parliament's geographic dispersion, 78 % of all missions by Parliament statutory staff arise and the environmental impact is between 11 000 and 19 000 tonnes of CO2 emissions; calls therefore for a roadmap to a single seat;
Amendment 60 #
2019/2003(BUD)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that the iPACS project will provide Parliament with modern and integrated security technology in order to remove remaining weaknesses in buildings' security, and in 2020 will be in the fifth and final year of implementation; invites the Secretary-General to summarise in detail all expenses linked to the buildings security from 2016;
Amendment 64 #
2019/2003(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Considers that the social and pension rights of Accredited Parliamentary Assistants (APAs) should be respected; in this regard, reiterates its call to find a workable solution for those APAs who, having worked for two parliamentary terms without interruption in the end of the current term, will not be entitled to access the European pension rights scheme when they reach pension age, since they will be lacking some time out of ten years' service needed as set out in the Staff Regulations, due to early elections in 2014 and the delays in the validation of the APAs new contracts because of heavy workload during the period after the elections of 2009; calls, therefore, on the Secretary- General to submit new practical and credible proposals aimed at resolving this problem definitively;
Amendment 74 #
2019/2003(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reiterates its concern about the additional expenditure on interpretation of the oral explanation of votes and one minute speeches during plenary sessions; urges the Secretary- General to present a detailed cost breakdown related to the oral explanation of votes and one minute speeches; recalls that alternatives, such as a written explanation of votes oras well as various public communication facilities, are available to Members wishing to explain their voting positions or raise issues pertinent to the concerns of their electorate; in that context, considers that in order to achieve significant savings, the oral explanation of votes could be moved to the end of the agenda of each day of the plenary sessionand one minute speeches should be abolished;
Amendment 77 #
2019/2003(BUD)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Requests an examination of the voluntary Members´ Pension Fund by the European Court of Auditors, while ensuring full transparencycalls the Statute for Members which states in Article 27(1) and (2) that “The voluntary pension fund set up by Parliament shall be maintained after the entry into force of this Statute for Members or former Members who have already acquired rights or future entitlements in that fund” and that “Acquired rights and future entitlements shall be maintained in full”; requests, in this regard, the Court of Auditors to investigate the ways to ensure a sustainable financing of the Voluntary Pension Fund in accordance with the provisions of the Statute for Members;
Amendment 83 #
2019/2003(BUD)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Questions the fact that there are different scales of unemployment benefits depending on whether you are a temporary agent, a contract agent or an accredited parliamentary assistant; considers that the basic allowance of unemployment benefits for former accredited parliamentary assistants and former contract staff must be aligned to the basic allowance for former temporary staff; asks the Secretary-General to put an end to this discrimination;
Amendment 85 #
2019/2003(BUD)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Reiterates its appeal for transparency regarding the General Expenditure Allowance (GEA) for Members; regrets that the Parliament’s Bureau Working Group on the GEA has failed to introduce more transparency and accountability in this regard;
Amendment 96 #
2019/2003(BUD)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Recommends the greater use of videoconferences and other technologies in order to protect the environment and save resources, in particular by reducing staff duty travel between the three places of work;
Amendment 97 #
2019/2003(BUD)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Questions the current call for tenders for canteens and is surprised by the reduction in the appropriations allocated to the line 1652 (expenditure on catering); requests, therefore, the Secretary-General to provide any relevant information relating to this call for tenders and to guarantee that the quality of the service, the working conditions of the staff and the quality of the food served at the various points of the restaurants will not be affected by this decrease in appropriations;
Amendment 104 #
2019/2003(BUD)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Reiterates its call for a detailed assessment of the value added of the several Parliament’s services engaged in research activities, such as European Parliament Research Service (EPRS), thematic policy departments and the Science and Technology Options Assessment (STOA) Panel, including a meaningful evaluation of potential duplication of tasks;
Amendment 14 #
2019/2001(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underlines that the 2020 Union budget is the bridge to the next multiannual financial framework (MFF) for the period 2021-2027 and should contribute to creating a common, long-term vision on the future political priorities of the Union which bring the highest European added value; expects that, at the time of adoption of the 2020 budget, the Council and Parliament will be engaged in fully-fledged MFF negotiations, following a political agreement in the European Council; believes that a strong, responsible and forward-looking 2020 budget will facilitate an agreement and the transition towards the next MFF;
Amendment 15 #
2019/2001(BUD)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the last annual budget of the current MFF calls for special attention to its diligent implementation; expresses its support for the performance-based budgeting approach and reinforcing of the well performing programmes in the 2020 budget;
Amendment 31 #
2019/2001(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the transition from Horizon 2020 to Horizon Europe must be smooth to ensure stability for businesses, research facilities and academia; underlines the importance of Europe’s claim to leadership in key technologies in areas such as space, healthcare, the environment, safety and transportation, digitalisation and artificial intelligence; recalls at the same time the important role of fundamental research; requests an increase in financial resources to ensure that research and innovation activities continue to provide solutions for Europe’s needs and challenges and competitiveness; is alarmed by the substantial underfunding of Horizon 2020 during the entire period, resulting in a low success rate for excellent applications;
Amendment 34 #
2019/2001(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Underlines that the 2020 budget is expected to be the largest annual budget of Horizon 2020 and calls on the Commission to make full use of the upward flexibility when increasing its resources; calls for deepening of synergies with the European Structural and Investment Funds, for example by using these to enhance R&I capabilities especially in Member States with below average research and innovation performance;
Amendment 36 #
2019/2001(BUD)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 44 #
2019/2001(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers the protection of the EU’s external borders with the support of a strengthened European Border and Coast Guard to be an inseparable condition for a European Union without internal borders, the proper functioning of the Schengen area and freedom of movement within the EU; considers it to be an obligation to ensure adequate funding, staffing and training of staff for all agencies operating in the field of border control, migration and security, acknowledging the considerable increase in their responsibilities, the importance of cooperation among them, and their vital role in reinforcing cooperation and coordination among the Member States;
Amendment 46 #
2019/2001(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance to deepen European defence cooperation and support the competitiveness and innovative capacity of the EU defence industry; highlights therefore the importance of further increasing the EU defence budget; further encourages the European Council to lead the progressive framing of a common Union defence policy and to provide additional financial resources to ensure its implementation, with a view to its establishment under the next MFF;
Amendment 48 #
2019/2001(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Strongly supports initiatives in the field of defence with the aim of encouraging better cooperation between Member States; underlines furthermore the need to improve the competitiveness and innovation in the European defence industry that can contribute to stimulate growth and job creation;
Amendment 50 #
2019/2001(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that cybersecurity is critical to the Union’s prosperity and security, as well as to the privacy of its citizens, that cyberattacks and manipulation are threatening open societies, and that economic espionage is hindering the functioning of the digital single market and endangering the competitiveness of European enterprises; requests adequate financial resources to secure network and information systems and build strong cyber resilience; supports the new strategic cooperation agreement between the centre of expertise for cyber security in Europe (ENISA) and Europol to facilitate collaboration and exchange of expertise in the fight against cybercrime; considers it necessary to ensure adequate funding and staffing for ENISA;
Amendment 52 #
2019/2001(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Highlights the importance of a strong coordinated EU response to the challenges of disinformation and to enhance systematic use of strategic communication tools, including tracking and uncovering disinformation spread by foreign powers; stresses the importance to further support the EEAS Strategic Communications Division with a special focus on the EU neighbourhood;
Amendment 57 #
2019/2001(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Believes, with reference to its resolution of 25 October 2018 on the use of Facebook users’ data by Cambridge Analytica and the impact on data protection, that the fight against disinformation and any other type of foreign interference is a priority to ensure fair and democratic elections, in particular in the year of the European elections; requests additional financial resources to invesupports the guidelines that the Commission has set out on how exist in tools such as the recent What the EU does for me initiative to inform citizens on the Union’s work and highlight the efforts undertaken to promote peace, democracy, the rule of law and freedom of speechg EU rules should be used to tackle the use of personal data to target citizens on social media during election periods and guarantee the fairness of the electoral process; calls on all the political parties and foundations which are increasingly using these data to participate in the implementation of these guidelines;
Amendment 60 #
2019/2001(BUD)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that many citizens have the impression that Europe today does nothing for them but the opposite, and that Europe is viewed as a mechanics, distant and anonymous, from which only the economic, political, cultural or media elites benefit; requests, therefore, adequate financial resources to invest in tools such as the recent Citizens’ App and What Europe does for me initiative to inform citizens on the Union’s work and highlight the efforts undertaken to promote peace, democracy, the rule of law and freedom of speech; considers that such tools should be better disseminated at national level;
Amendment 63 #
2019/2001(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Requests additional financial resources to meet future demand for Erasmus+, the primary programme for education, training, youth and sport in Europe, also taking into account its external dimension; highlights the need for adequate resources for vocational education and training and for making the Programme’s funding accessible for people from all backgrounds; recalls that Parliament requested that the financial envelope for this programme be tripled in the next MFF; calls for cooperation to be strengthened between education and research, apprenticeship and research and in the area of sharing best practices based on participation in the Programme’s actions to maximize its added value;
Amendment 70 #
2019/2001(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that the fight against youth unemployment requires substantial additional financial efforts to create opportunities for education, training and employment; underlines, in this respect, the positive impact of the Youth Employment Initiative, supporting approximately 1.7 million young people until the end of 2017, thanks also to additional appropriations that Parliament secured for this programme in the EU budget over the years; underlines however that the Youth Employment Initiative should be further improved and be made more efficient, notably by ensuring that it brings real European added value to youth employment policies in the Member States and does not replace the financing of former national policies;
Amendment 71 #
2019/2001(BUD)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Stresses the importance of democratising Erasmus+ in order to develop a European Framework for Quality and Effective Apprenticeship as a way to boost the fight against youth unemployment; considers that the structural funds could be deployed in a more targeted manner for the financing of Vocational Education and Training (VET) centres as well as any relevant action undertaken to support apprenticeships; believes that, depending on the regional level of development, this support should be more saliently reflected in the investment priorities of the European Social Fund (for the apprentice’s work compensation and the social security coverage) as well as of the European Regional Development Fund as regards the provision of infrastructure and equipment for the VET centres;
Amendment 78 #
2019/2001(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates that social cohesion in Europe must contribute to sustainable solutions to long-term structural demographic change; emphasises the need for financial resources for research to provide ageing populations in Europe with adequate support in terms of access to mobility, healthcare and public services;
Amendment 83 #
2019/2001(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the need for solidarity and responsibility-sharing between the Member States in the area of migration and for asylum seekers, with a focus on effective integration of migrants and refugees in the Member States, as well as fair and mutual beneficial partnerships with countries in need; calls on the Member States to make good use of AMIF funds through national programs; reaffirms that tackling the root causes of migration represents a long-term sustainable solution; recalls therefore the necessity to devote sufficient financial means to instruments that aim at tackling issues such as lack of investment, instability and conflict in the countries of origin and transit especially in Africa;
Amendment 90 #
2019/2001(BUD)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Stresses that 2020 is the last year to achieve 20 % climate mainstreaming in the budget over the years 2014-2020; considers that a significant increase in climate-related spending is essential; calls for a robust, annual consolidation exercise to progress towards the mainstreaming target, with concrete and coherent safeguards that guarantee climate proof budgetary decisions are in line with the EU’s commitments under the Paris agreement, with comprehensive reporting and monitoring of results and a realistic assessment of climate change needs that corrects overestimations and proposes additional measures in case the exercise shows that targets will not be met; calls furthermore for the establishment of climate and sustainability proofing throughout the budget, where applicable;
Amendment 96 #
2019/2001(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Stresses that the 2020 budget must significantly contribute to tackling environmental challenges and climate change; recalls the Union’s pledge to make the transition to a low-carbnet-zero emissions circular economy, but regrets that the Union might fall short of its climate goals; requests increased financial resources for LIFE and other programmes to support projects with European added value contributing to a clean energy transition and resource efficiency, as well as nature conservation, with a focus on biodiversity, habitats and endangered species;
Amendment 99 #
2019/2001(BUD)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Stresses that, in view of a coherent and effective approach to tackling climate change, the ratification and implementation of the Paris Agreement should be a condition of the EU for future trade agreements; recalls in this regard the European Parliament resolution of 3 July 2018 on climate diplomacy and its call on the Commission for a comprehensive assessment of consistency of existing free trade agreements with the Paris Agreement commitments; considers that if these commitments should not be fulfilled by a EU partner, the Commission could impose a temporary suspension of EU trade liberalisation commitments towards those partners;
Amendment 110 #
2019/2001(BUD)
Motion for a resolution
Paragraph 15
Paragraph 15
15. IRequests the application of Article 15(3) of the Financial Regulation, allowing de-committed amounts made as a result of total or partial non- implementation of corresponding research projects to be made available again to the benefit of the research programme in the framework of the annual budgetary procedure; recalls that contrary to the previous Financial Regulation where this possibility only existed under exceptional circumstances and had to be duly justified, no pre- conditions are now set for the implementation of this article; invites the Commission to report specifically on the amounts de-committed for research programmes and to provide all relevant information and details concerning Article 15(3) of the Financial Regulation; expects this Article and its corresponding procedure to be fully respected in the context of the 2020 budgetary procedure;
Amendment 3 #
2018/2275(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the overall level of commitment appropriations agreed, which represents an increase of EUR 1.728 million compared to the original reading of the Council; is pleased that the increases obtained in the negotiations worth EUR 943 million correspond to Parliament’s main political priorities, namely in support of researchers, young people, SMEs, increasing the security of EU citizens, tackling root causes of migration and, climate change and defence;
Amendment 4 #
2018/2275(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets that, due to a late proposal from the Commission, the Council was not in position to agre the Council under the pretext that it did not have the necessary time to analyse it, refused as a matter of principle, in the context of the 2019 budgetary procedure, toany discussion on the use of the new Article 15(3) of the Financial Regulation, allowing de- committed amounts from research to be made available again in the framework of the annual budgetary procedure; invites therefore the Commission to report at least on a biannual basis specifically on the amounts de-committed for research programmes and to propose the use of Article 15(3) in the context of the 2020 budgetary procedure;
Amendment 6 #
2018/2275(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a In view of the increased support that Europol provides to the Member States in the framework of the law enforcement cooperation and its involvement in the fight against terrorism and cybercrime, welcomes the creation of 10 additional posts and the related increase of appropriations for Europol;
Amendment 36 #
2018/2103(INI)
Motion for a resolution
Recital B
Recital B
B. whereas women and girls in the EU experience structural gender inequality in a variety of forms and in a range of settings – including gender discrimination, sexual harassment, gender- based violence and misogynistic hate speech – which severely limits their ability to enjoy their rights and to participate on an equal footing in society; whereas in 2017, the #MeToo movement raised awareness of the scale and intensity of the sexual harassment and sexual and gender- based violence women face;
Amendment 40 #
2018/2103(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the press and civil society organisations play a fundamental role in a democracy;
Amendment 49 #
2018/2103(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Article 21 (1) of the Charter of Fundamental Rights of the European Union states that any discrimination based on grounds such as sex, race, colour, ethnic or social origin, genetic features, languages or membership of a national minority shall be prohibited; whereas migrants, descendants of migrants and members of minority ethnic groups continue to face widespread discrimination across the EU and in all areas of life; whereas, in spite of numerous calls on the Commission, only limited steps have been taken to ensure the effective protection of minorities; whereas persistent racist and xenophobic attitudes are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes; whereas these views run counter to the common European values which all the Member States have undertaken to uphold;
Amendment 60 #
2018/2103(INI)
Motion for a resolution
Recital E
Recital E
E. whereas respect for the rule of law is a prerequisite for the protection of fundamental rights, and whereas Member States have the ultimatare responsibility tole for safeguarding the human rights of all people by enacting and implementing international human rights treaties and conventions; whereas the rule of law, democracy and fundamental rights should be continually consolidated; whereas any attempt to undermine these principles is to the detriment not only of the Member State concerned but also of the Union as a whole;
Amendment 65 #
2018/2103(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas all Member States have undertaken to respect and promote the founding values of the Union enshrined in Article 2 of the Treaty on European Union; whereas monitoring the situation in each Member State cannot constitute an infringement of their sovereignty;
Amendment 113 #
2018/2103(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. ERecalls that women are often the victims of double discrimination due, inter alia, to their ethnic minority status, sexual orientation, disability or migrant status; expresses concern about the risk of misogyny in European societies and its 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 curricula;
Amendment 183 #
2018/2103(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the obstacles to the work of human rights defenders, including civil society organisations active in the field of fundamental rights and democracy; recognises the key role of these organisations in making fundamental rights and values a reality for everyone and stresses that they should be able to carry out their work in a safe and well-supported environment; is concerned by the closing down of civil society space in some Member States; calls on the EU and the Member States to address proactively the root causes of shrinking civil society space and to uphold their fundamental rights;
Amendment 195 #
2018/2103(INI)
Motion for a resolution
Paragraph 11 i (new)
Paragraph 11 i (new)
11i. Recalls that the history of European integration is based on the fight against cultural isolationism, populism, hate speech, calls for violence and discrimination against minorities; notes that the raison d'être of the European project and the societal gains it has brought about are increasingly being undermined by political factions, including small neo-Nazi groups, which are totally at odds with shared European values;
Amendment 196 #
2018/2103(INI)
Motion for a resolution
Subheading 3
Subheading 3
Racism, xenophobia, discrimination and hate speech and crimes
Amendment 213 #
2018/2103(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Condemns the rise of far-right movements in the strongest possible terms, and calls for all Member States to take effective, proportionate action to sanction hate crimes and hate speech; is concerned at the trivialisation of hate speech, which can be attributed to political figures;
Amendment 215 #
2018/2103(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
12c. Calls on all the Member States to draw up action plans to combat racism, xenophobia, discrimination, hate speech and hate crimes; calls on the Member States in particular to ensure that children are made aware of these issues as a matter of course via the school curriculum, notably with a view to enabling them to identify the features of hate speech and incitement to violence, especially online;
Amendment 227 #
2018/2103(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States to make efforts to systematically record, collect and publish annually comparable data on ethnic discrimination, or discrimination against any other type of minority, and hate crime in order to enable them and other key stakeholders to develop effective, evidence-based legal and policy responses to these phenomena; recalls that any data should be collected in accordance with national legal frameworks and EU data protection legislation;
Amendment 229 #
2018/2103(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Emphasises the need to encourage victims to report hate crimes or discrimination, and to give them appropriate protection and support;
Amendment 234 #
2018/2103(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. 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 review their national integration strategies to ensure that all people regardless of race, ethnicity, religion, gender, disability 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; __________________ 4 OJ C 180, 19.7.2000, p. 22. OJ C 180, 19.7.2000, p. 22.
Amendment 256 #
2018/2103(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deplores the fact that in 2017, LGBTI people were still victims of discrimination and hatred and encourages the Member States to adopt laws and policies to combat homophobia and transphobia, in particular on the basis of the ‘List of actions to advance LGBTI equality’ published by the European Commission;
Amendment 261 #
2018/2103(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Welcomes the efforts of the EU’s high-level group on combating racism, xenophobia and other forms of intolerance, in particular as regards access to justice and protecting the victims of hate crime, as well as in the areas of the registration of hate crimes by law enforcement services and the provision of training for law enforcement services and judicial authorities; calls on the Member States and other stakeholders to take full account of the principles referred to in the high-level group’s conclusions;
Amendment 272 #
Amendment 286 #
2018/2103(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the rule of law is part of and a prerequisite for the protection of all values listed in Article 2 of the TEU; calls on all relevant actors at European and national level, including governments, parliaments and the judiciary, to step up efforts to uphold and reinforce the rule of law; recalls that these actors have the responsibility to address rule of law concerns and that they play an important role in preventing any erosion of the rule of law, which is not a blind application of law but our democratic acceptance of being ruled by law;
Amendment 291 #
2018/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the Commission, as guardian of the Treaties, has the legitimacy and authority to ensure that all Member States are upholding the principles of the rule of law and the other values referred to in Article 2 of the TEU; insists that Article 7 of the TEU should be employed if all other remedies have failed; recalls that, in his 2018 State of the Union address, President Juncker pointed out that ‘Article 7 must be applied whenever the rule of law is threatened’;
Amendment 298 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Emphasises that the Council and Parliament also have a key role to play in safeguarding the rule of law and the other values referred to in Article 2 of the TEU; welcomes the efforts made by certain Member States to see to it that, within the Council, a regular assessment is made of the situation with regard to the rule of law in each Member State; takes the view that such an assessment would make it possible to strengthen dialogue and mutual trust among Member States when it comes to the rule of law; calls on the Council to take swift action with a view to achieving this aim;
Amendment 300 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Emphasises that, in certain Member States, there are serious and persistent breaches of the values referred to in Article 2 of the TEU, and takes the view that the EU’s ineffectiveness in putting an end to these situations is undermining both the trust among the Member States and the credibility of the EU, not only in the eyes of the public but also in the rest of the international community; emphasises, furthermore, that the persistent failure to address these breaches has encouraged other Member States to follow the same path;
Amendment 301 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Emphasises that the unanimity rule makes it impossible to impose sanctions under Article 7 of the TEU, because several Member States are concerned; takes the view that the EU should be able to impose sanctions on Member States that no longer uphold the values enshrined in Article 2, without necessarily having to resort to using Article 7; stresses, however, that such sanctions should not replace the triggering of Article 7; takes note of the proposal for a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States; takes the view that any decision taken pursuant to that regulation should be based, inter alia, on a regular and impartial assessment of the situation with regard to the rule of law in each Member State;
Amendment 302 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
18d. Takes note of the proposal for a regulation establishing the ‘Rights and Values’ programme for the next multiannual financial framework; takes the view that the funding made available under that programme should be used to provide increased support for civil society organisations that promote European values such as respect for the rule of law, especially in Member States in which a generalised deficiency with regard to the rule of law has been identified;
Amendment 305 #
2018/2103(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls the need for an impartial, regular assessment of the situation with regard to the rule of law, democracy and fundamental rights in all the Member States; stresses that such an assessment must be based on objective criteria; recalls, in this regard, Parliament’s resolution with recommendations to the Commission on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights5, adopted on 10 October 2016; reiterates its call on the Commission to submit, on the basis of Article 295 of the TFEU, a proposal for the conclusion of a Union Pact for democracy, the rule of law and fundamental rights (EU Pact for DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation between the Union institutions and the Member States in the framework of Article 7 of the TEU; __________________ 5 OJ C 215, 19.6.2018, p. 162. OJ C 215, 19.6.2018, p. 162.
Amendment 351 #
2018/2103(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on Member States toStresses that, when implementing interoduce specific safeguards to guaranteperability, Member States should ensure that the interoperability of large- scale IT systems does 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 onurges the Member States to ensure that the objectives for the implementation of interoperability aims at fulfillinginclude a child protection objective, such as identifying missing children and assisting family reunification;
Amendment 376 #
2018/2103(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that Member States should considergo ahead with putting into place 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 protectioninternational protection; takes the view that the Union should play a key role in global resettlement efforts; calls on Member States to increase resettlement places with a view to providing the most vulnerable refugees with a legal channel; 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; calls on EU Member States to effectively ensure the right to asylum and to accept relocation of refugees from Member States most affected by high numbers of arrivals; 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 398 #
2018/2103(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Acknowledges that before envisaging any kind of integration process, it is important toStresses that addressing the vulnerabilities and specific needs of all migrants should be an integral part of the integration process; recalls that the assessment of the needs of migrants should happen regularly and as long as it is needed, as their situation and needs might evolve; underlines the fact that reunification with family members is a powerful tool to empower migrants and give them the feeling that they can start settling and integrating in their new host society; calls for the sharing between Member States of good integration practices to be stepped up;
Amendment 4 #
2018/2067(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2067(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2067(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and Considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; and considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2067(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2067(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2066(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation,the right of access,the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 12 #
2018/2066(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 32 #
2018/2066(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 48 #
2018/2066(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 50 #
2018/2066(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU
Amendment 4 #
2018/2065(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2065(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2065(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2065(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2065(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
Amendment 4 #
2018/2064(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access,the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2064(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2064(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2064(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2064(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2063(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and Considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; and considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2063(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2063(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 5 #
2018/2062(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 13 #
2018/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relating to data protectionapplying the EU data protection principles when negotiating agreements inthe law enforcement sector;
Amendment 31 #
2018/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 47 #
2018/2062(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 49 #
2018/2062(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2061(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 13 #
2018/2061(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 37 #
2018/2061(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority and Considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 55 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 57 #
2018/2061(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 4 #
2018/2060(INI)
Motion for a resolution
Recital B
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 7 and 8 of the Charter of Fundamental Rights and Article 16 TFEU, and hence respect the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter and prove necessary and proportionate for the fulfilment of Europol’s tasks;
Amendment 11 #
2018/2060(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EDPS has been the supervisor of Europol since 1 May 2017, and is also the advisor to the EU institutions on policies and legislation relatapplying the EU data protection principles when negotiating agreements ing to data protectionhe law enforcement sector;
Amendment 27 #
2018/2060(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the international agreement should include a provision allowing the EU to suspend or revoke the latter should there be a breach of personal data by a law enforcement authority; and considers that the independent supervisory body should also be competent to decidesuggest to suspend or terminate the agreement in the event of a breach of the agreement; considers that any personal data falling within the scope of the agreement transferred prior to its suspension or termination may continue to be processed in accordance with the agreement;
Amendment 42 #
2018/2060(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Commission to seek the advice of the EDPS before the finalisation of the international agreement in accordance with Regulation (EC) No 2016/794 and Regulation(EC) No 45/2001;
Amendment 44 #
2018/2060(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18 b. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with article 218 TFEU;
Amendment 7 #
2018/2046(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the Union continues to face numerous challenges and is convinced that, especially ahead of the UK withdrawal from the Union and, the 2019 European elections, Union citizens expect the necessary financial resources to be deployed from the Union budget, in order to allow the Union to effectively respond to the abovementioned challeUnion needs the necessary financial resources to respond to citizens expectations and allow the Union to effectively tackle the numerous challenges it faces such as the fight against youth unemployment, the security as well as humanitarian and migratory challenges, the fight against climate changes and to improve the day- to-day life of its citizens;
Amendment 14 #
2018/2046(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Europe's citizens expect the Union to strain every sinew to ensure economic growth and foster job creation; recalls that meeting those expectations requires investments in research and innovation, digitalisation, education, infrastructure, SMEs and employment, particularly among the young people of Europe, and that any failure in that regard will foster disillusionment with the European ideal; expresses wonderment that the Council yet again proposes cuts to the very programmes that are designed to make the Union economy more competitive and innovative; stresses moreover that many of these programmes, for example Horizon 2020, are heavily oversubscribed, which constitutes a poor use of resources and means that many excellent projects do not receive funding; highlights also the fact that programmes such as Erasmus +, Horizon 2020 and the Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) provide a vivid demonstration of the advantages of working together across the Union and help create a feeling of European belonging; decides therefore to reinforce considerably Erasmus + and to strengthen programmes that contribute to growth and job creation, including Horizon 2020, Connecting Europe Facility (CEF) and COSME;
Amendment 17 #
2018/2046(BUD)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. underlines Europol´s increasing role in combating terrorism and organized crime, as well as in strengthening cross- border cooperation in the field of law enforcement; deeply regrets that the draft EU budget for 2019 put forward by the Commission implies a reduction of 21 million EUR and 38 temporary agent posts, compared to the proposal for 2019 agreed by the Member States in the Europol Management Board; calls for appropriate funding adjusted to the Agency´s needs;
Amendment 20 #
2018/2046(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that youth unemployment remains unacceptably high in certain Member States and that the situation of young people in NEET (not in education, employment or training) situations and the long-term unemployed is particularly worrying; stresses that young people are the most at risk of poverty and social and economic exclusion; decides therefore to reinforce the Youth Employment Initiative (YEI) beyond the level proposed by the Commission; stresses that such reinforcement should in no way be seen as a frontloading of the YEI allocation endorsed in the context of the MFF mid-term revision; underlines however that the YEI should be further improved and be made more efficient, notably by ensuring that it brings real European added value to youth employment policies in the Member States and does not replace the financing of former national policies;
Amendment 20 #
2018/2046(BUD)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. stresses that the proposed 2019 budget does not meet the levels required by Europol´s role in fighting trans-border serious crime, including money laundering and cybercrime and in preventing and fighting terrorism; this even represents a substantial reduction compared to the budget currently being implemented; is concerned that insufficient budgeting has led to the de- prioritization of important operational technological initiatives and activities; asks for financial allocations of 143,3 million EUR, in line with the Agency´s draft budget for 2019 endorsed by the Member States and the Commission in the Management Board;
Amendment 21 #
2018/2046(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that youth unemployment is the lowest since 2000 in the Union, but remains unacceptably high in certain Member States and that the situation of young people in NEET (not in education, employment or training) situations and the long-term unemployed is particularly worrying; stresses that young people are the most at risk of poverty and social and economic exclusion; decides therefore to reinforce the Youth Employment Initiative (YEI) beyond the level proposed by the Commission; stresses that such reinforcement should in no way be seen as a frontloading of the YEI allocation endorsed in the context of the MFF mid-term revision;
Amendment 24 #
2018/2046(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Recalls that cohesion policy plays a primary role in the development and growth of the Union; emphasises Parliament’s commitment to ensuring adequate appropriations for those programmes that represent one of the core policies of the Union; welcomes the fact that more and more Member States consider that structural funds should be a tool for guaranteeing solidarity in all Union policies, in particular regarding the migration issues;
Amendment 27 #
2018/2046(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets that, under current projections, only 19,3 % of the Union budget 2014 – 2020 would be devoted to climate-related measures, failing thus to reach the target of 20 %; understands that this is largely due to delays in cohesion policy and the rural development programmes; urges Member States, who manage them, to speed up their implementation with a focus on climate- related spending in order to offset the lower allocations made during the first years of the MFF; calls on the Commission to develop an action plan within programmes having massive potential to contribute to reaching the climate-related spending target; calls also for a robust, annual consolidation exercise to progress towards the mainstreaming target, with concrete and coherent safeguards that guarantee climate proof budgetary decisions are in line with the EU’s commitments under the Paris agreement, with comprehensive reporting and monitoring of results anda realistic assessment of climate change needs that corrects overestimations and proposes additional measures in case the exercise shows that targets will not be met;
Amendment 35 #
2018/2046(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines that Heading 3 has been largely mobilized in the recent years to address the migratory and refugee crisishallenge and that such actions should continue for as long as needed; calls on the Commission to actively monitor the adequacy of allocations under Heading 3 and make full use of all available instruments to respond in a timely manner to any unforeseen event that might require additional funding in the area of migration; decides to reinforce the Asylum Migration and Integration Fund to fully cover the needs of the Union in the field of migration, notably to support Members States in improving reception conditions, integration measures and practices for migrantasylum seekers and migrants, enhancing solidarity and responsibility-sharing between the Member States and fair and effective return strategies; notes, once again, that the Heading 3 ceiling is inadequate to provide appropriate funding to the internal dimension of those priorities, as well as to other priority programmes, for example in the field of security, justice, citizenship and culture; considers that willingness of local authorities to do more than planned in their National Programme under shared management, to support the Union Resettlement Programme, should be further supported through the direct management strand of the Asylum, Migration and Integration Fund (AMIF);
Amendment 44 #
2018/2046(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Reiterates that part of the solution to the migratory and refugee crisishallenge as well as to the security concerns of Union citizens lies in addressing the root causes of migration and devoting sufficient financial means to internal and external instruments that aim at tackling issues such as poverty, lack of employment, education and economic opportunities, instability, conflict and climate change in the European Neighbourhood and Africa ; is of the opinion that the Union should make optimal use of financial means under Heading 4 which proved to be insufficient to equally address all external challenges;
Amendment 46 #
2018/2046(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Regrets that Parliament has not been duly involved in the discussions on the extension of the Facility for Refugees in Turkey (FRT); reiterates its longstanding position that new initiatives must not be financed to the detriment of existing Union externalsuccessful Union projects; maintains, while recalling its support for the continuation of the FRT, that, given the stretched situation under Heading 4 to respond to external challenges, including migration, the Union budget should contribute to the financing of the second tranche in the same proportion as for the first one, i.e. EUR 1 billion, while the Member States should contribute EUR 2 billion to its financing;
Amendment 47 #
2018/2046(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Restores all cuts proposed by Council to the Draft Budget (DB) 2019 across all headings, with limited exceptions in Heading 4 and subheading 1b; fails to understand the reasoning behind the proposed cutsrefuses to accept the proposed cuts to programs with the highest European added value, for example those to Horizon 2020 and CEF, two programmes already affected by redeployments to EFSI, or majority of cuts to external policies; stresses that the logic behind Council’s cuts is not substantiated by the actual implementation figures and ignores the varying implementation patterns of certain programmes;
Amendment 53 #
2018/2046(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that Erasmus+ remains a highly valued and hugely popular programme promoting youth learning mobility and vocational training, as demonstrated by the volume of applications received, which by far exceeds the funding available, and notes also that it helps foster a strong sense of European identity and encouragement for young people to take part in European democracy; deeply regrets that the 2019 draft budget for Erasmus+ falls well below Parliament’s expectations, failing to go beyond the programmed figures under the current MFF; considers it therefore essential to reinforce the education and training and youth strands of Erasmus +, as a corollary to the strengthening of the Youth Employment Initiative under subheading 1b;
Amendment 55 #
2018/2046(BUD)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights yet again the fact that SMEs are an essential part of the Union economy and play a crucial role in job creation throughout the Union; believes that there is a need to create an SME- friendly business environment, as well as to support SME clusters and networks; notes, however, with deep concern the Council cuts to the SME instrument, which send a contradictory signal to businesses in the Union; considers that the Union budget and access to finance backed by it can be a key tool in making SMEs more competitive and more innovative and in fostering the spirit of enterprise in the Union; recalls in this regard COSME and Horizon 2020;
Amendment 63 #
2018/2046(BUD)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Recalls that youth unemployment ratesWelcomes the decreasing rate of youth unemployment at Union level, with 14,8 % (1.10.2018) which is lower than before the economic crisis, but regrets that the level still remains unacceptably high in the Unioncertain Member States; emphasises that, in order to address this issue, it is of importance to ensure proper funding of the Youth Guarantee schemes through YEI and the European Social Fund (ESF); welcomes the agreement on the need to provide fresh funding for YEI, and the inclusion of the corresponding appropriations in the DB 2019; considers nevertheless that, given the challenges and risks posed by youth unemployment, YEI should benefit from increased appropriations and therefore decides to bring YEI to EUR 580 million in commitments in 2019; considers that this increase is in addition to the amount for YEI currently programmed for the 2014- 2020 period;
Amendment 88 #
2018/2046(BUD)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out the essential role played by the Union agencies in the area of justice and home affairs in enhancing cooperation between Member States to address the concerns of Union citizens; decides to increase budgetary appropriations and staffing of European Union Agency for Law Enforcement Cooperation (EUROPOL), European Union Agency for Law Enforcement Training (CEPOL), European Union Agency for the operational management of Large-Scale IT Systems (eu- LISA), European Union’s Judicial Cooperation Unit (Eurojust) and for the new European Public Prosecutor’s Office (EPPO);
Amendment 119 #
2018/2046(BUD)
Motion for a resolution
Paragraph 53
Paragraph 53
53. In the context of the challenges the Union is still facing in terms of security, and bearing in mind the necessity for a coordinated European response, decides to reinforce the appropriations for the EUROPOL, EU-LISA, CEPOL, EUROJUST, EPPO, and the European Union Agency for Network and Information Security (ENISA);
Amendment 141 #
2018/2046(BUD)
Motion for a resolution
Paragraph 64
Paragraph 64
64. WelcomNotes the decision of 25 September 2018 of the General Court confirming the Parliament’s refusal to grant access to documents relating to MEPs’ subsistence allowances, travel expenses and parliamentary assistance allowances (Judgment in Cases T-639/15 to T-666/15 Maria Psara and Others v Parliament and T-94/16 Gavin Sheridan v Parliament); regrets the decision of the Bureau to block a substantial reform of the General Expenditure Allowance; continues to support a substantial reform of the General Expenditure Allowance as proposed by the Working Group on the GEA as this would create greater transparency by allowing an auditor to check the relevant accounts;
Amendment 163 #
2018/2046(BUD)
Motion for a resolution
Paragraph 79 a (new)
Paragraph 79 a (new)
79 a. Reiterates Parliament’s support to the Strategic Communication Capacity and reinforces it to deliver a stronger coordinated EU response to the challenge of disinformation;
Amendment 31 #
2018/2044(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the national security and intelligence agencies of EU Member States and of some third countries cooperate very effectively through the Counter Terrorism Group (CTG) and on a bilateral and multilateral basis; whereas the CTG has a platform for the exchange of operational intelligence that has improved the speed and quality of shared intelligence; whereas the EU has an established complex of structures dealing wholly or in part with terrorism, notably through Europol’s European Counter Terrorism Centre (ECTC) and the EU Intelligence and Situation Centre (EU INTCEN);
Amendment 44 #
2018/2044(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the European Public Prosecutor’s Office as established by Council Regulation (EU) 2017/1939 does not have the investigatory competence for countering terrorism; whereas investigations related to acts of terrorism often require various Member States to cooperate with each other;
Amendment 53 #
2018/2044(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the EU Counter- Terrorism Coordinator plays an important role in tracking the implementation of the EU counter-terrorism strategy; whereas the Counter-Terrorism Coordinator helps strengthen the coordination between EU institutions;
Amendment 86 #
2018/2044(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas, as long as a terrorist attack is a "widespread or systematic attack directed against any civilian population with knowledge of the attack", terrorist murders are recorded in the manner provided for in Article 7 of the Rome Statute of the International Criminal Court of July 17, 1998.
Amendment 131 #
2018/2044(INI)
Motion for a resolution
Recital O
Recital O
O. whereas the return of foreign terrorist fighters (FTFs) and their families poses particular challenges in terms of security and radicalisation; whereas child returnees pose specific problems as they can be both victims and potential perpetrators at the same time;
Amendment 147 #
2018/2044(INI)
Motion for a resolution
Recital R
Recital R
Amendment 154 #
2018/2044(INI)
Motion for a resolution
Recital S
Recital S
Amendment 181 #
2018/2044(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas terrorism seeks to weaken and defeat democracies; whereas politicians and governments are crucial actors to achieve broad consensus and social resilience in order to effectively defend our democratic systems.
Amendment 193 #
2018/2044(INI)
Motion for a resolution
Recital W a (new)
Recital W a (new)
Wa. whereas the phenomenon of the prevention and countering of violent radicalisation is very complex; whereas until recently the gender dimension was underestimated;
Amendment 194 #
2018/2044(INI)
Motion for a resolution
Recital W b (new)
Recital W b (new)
Wb. whereas there is a misconception of the role that women can play in relation to violent extremism; whereas women are not always passive subjects and they also act as mobilisers, recruiters, fundraisers and even as perpetrators of terrorist acts;
Amendment 211 #
2018/2044(INI)
Motion for a resolution
Recital AA
Recital AA
AA. whereas it isEuropol data estimateds that, by 2018, there are between 50 000 aaround 730 000 radicalised jihadists in the EU;
Amendment 215 #
2018/2044(INI)
Motion for a resolution
Recital AB
Recital AB
AB. whereas a violent radicalised discourse has been increasingly present in the territory of the EU, often in the form of books, teaching or audiovisual content, including satellite TV channels; whereas this discourse opposes European valuedemocracy, rule of law and human rights, undermines pluralism, promotes violence and intolerance against all other religions, is openly anti-Semitic, refuses equality between men and women, and rejects the science and education which have been promoted by Islam during centuries;
Amendment 227 #
2018/2044(INI)
Motion for a resolution
Recital AC a (new)
Recital AC a (new)
AC a. whereas Radical Islamic Fundamentalism aspires for religion to dominate all spheres of life -individual, political and social - whose consequence may be a form of communitarianism sensitive to the actions of jihadist recruiters.
Amendment 241 #
2018/2044(INI)
Motion for a resolution
Recital AE
Recital AE
AE. whereas there are self-designated religious teaching centres propagating extremist ideas in the EU, in which youngsters, including young children, are exposed to a learning content based on anti-European valuescontrary to democracy, the rule of law and human rights, and violent content; whereas radical organisations often exploit the vulnerabilities of young people by attracting them with social and cultural offers;
Amendment 258 #
2018/2044(INI)
Motion for a resolution
Recital AH
Recital AH
AH. whereas according to figures provided by Europol’s Internet Referral Unit (IRU) has made more than 50 000 referrals and on average 87 % of the content referred to companies by the IRU has been removed on the basis of voluntary consideration of the compatibility of the referred internet content with their own terms and conditions;, by December2017 the EU IRU had assessed 42 066 pieces of content, which triggered 40 714 decisions for referral across over 80 platforms in more than10 languages, and in 86% of the cases, resulted in removal of content
Amendment 285 #
2018/2044(INI)
Motion for a resolution
Recital AJ a (new)
Recital AJ a (new)
AJ a. whereas increasingly common use of the CGN (Carrier grade network address translation) by Internet access providers is complicating police investigations related to terrorism; whereas this technology enables access providers to share a single IP address among multiple users simultaneously, making it technically impossible for them to comply with their legal obligation to identify individual users, given that over a thousand subscribers may share a same IP address;
Amendment 295 #
2018/2044(INI)
Motion for a resolution
Recital AK a (new)
Recital AK a (new)
AK a. whereas contact with radicalised people in prisons cannot be successful without cooperation between professionals, chiefs of prisons and police and intelligence services, including the post-prison transition;
Amendment 310 #
2018/2044(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
ALa. whereas policing and intelligence services receive, process and transfer both classified and unclassified information, which involves different regimes at every stage of using the information; whereas it is also necessary to distinguish between information used as intelligence, i.e. information that is processed by professionals for a specific purpose, and regular information; whereas it is necessary to at least distinguish between criminal intelligence, which is related to a police criminal case, from security intelligence, which is processed within an administrative framework;
Amendment 326 #
2018/2044(INI)
Motion for a resolution
Recital AN a (new)
Recital AN a (new)
AN a. whereas the SIS is the biggest, most widely used and most efficient IT system of the European Union in the area of freedom, security and justice, and is supported by the network of SIRENE Bureaux, providing significant added value in the field of international police cooperation and border control and particularly in the fight against terrorism.
Amendment 327 #
2018/2044(INI)
Motion for a resolution
Recital AO
Recital AO
AO. whereas there is a significant increase of information exchanges since Paris attacks in 2015 but data about information exchanges show that a small number of countries are responsible for a large proportion of available content in and searches of EU databases;
Amendment 353 #
2018/2044(INI)
Motion for a resolution
Recital AX a (new)
Recital AX a (new)
AX a. whereas six Member States are already involved in a pilot project known as ADEP for the automated transmission of police records between different countries and this project is working well.
Amendment 359 #
2018/2044(INI)
Motion for a resolution
Recital AY a (new)
Recital AY a (new)
AY a. whereas the principle of data ownership is crucial for ensuring confidence of the CT authorities in sharing information via EU databases between Member States and with Europol;
Amendment 360 #
2018/2044(INI)
Motion for a resolution
Recital AY b (new)
Recital AY b (new)
AY b. whereas communicating the post- hit information only to the SIRENE Bureau of the Member State issuing the alert under Article 36 and not to other Member States is sometimes insufficient for the purposes of following up the movements of the individuals related to terrorism or completing the relevant information in respect of such individuals; whereas the early warning of other Member States that could be concerned could be for example necessary where the person did not return directly to the Member State of origin or where s(he) was accompanied by nationals of another/other Member State(s) in respect of whom no alert had been issued since they remained unknown to the latter's competent authorities;
Amendment 383 #
2018/2044(INI)
Motion for a resolution
Recital BB a (new)
Recital BB a (new)
BB a. whereas it is possible to increase the effectiveness in the use of the structures of the Counter Terrorism Group (CTG) and the EU Intelligence and Situation Centre (EU INTCEN) for the exchange of information;
Amendment 424 #
2018/2044(INI)
Motion for a resolution
Recital BL a (new)
Recital BL a (new)
BL a. whereas since 7 April 2017 the new Regulation 2017/458 amending the Schengen Borders Code entered into force in response in particular to the worsening of the terrorist threat in order to provide for systematic checks on all persons crossing the external borders, including individuals enjoying the right of free movement against relevant databases;
Amendment 425 #
2018/2044(INI)
Motion for a resolution
Recital BL b (new)
Recital BL b (new)
BL b. whereas there is a 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 thorough checking of the required entry conditions;
Amendment 441 #
2018/2044(INI)
Motion for a resolution
Recital BP a (new)
Recital BP a (new)
BP a. whereas, criminals can still today be recorded in different databases that are not connected under different aliases; whereas the current EU data management architecture therefore needs to be improved by the interoperability to eliminate blind spots, multiple false identities and provide the right information at the right time;
Amendment 444 #
2018/2044(INI)
Motion for a resolution
Recital BQ a (new)
Recital BQ a (new)
BQ a. whereas there are currently no minimum standards and common rules for the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement;
Amendment 447 #
2018/2044(INI)
Motion for a resolution
Recital BR
Recital BR
BR. whereas the fact that Member States, and more specifically the airport operato carriers on their territory, are not yet obliged to conduct conformity checks on passengers’ personal data on their ticket and ID card or passport, which makes it difficult to ascertain whether the given identity matches the true identity of the person;
Amendment 451 #
2018/2044(INI)
Motion for a resolution
Recital BR a (new)
Recital BR a (new)
BR a. whereas three quarters of the fraudulent documents detected at the external borders and in the EU imitate identity documents issued by the Member States and countries associated with the Schengen area; whereas national identity cards with a lower degree of security are the most frequently detected fake ones;
Amendment 460 #
2018/2044(INI)
Motion for a resolution
Recital BT
Recital BT
Amendment 466 #
2018/2044(INI)
Motion for a resolution
Recital BU
Recital BU
BU. whereas several Member States have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism of 16 May 2005, also known as the "Warsaw Convention", which constitutes the most comprehensive international convention on money laundering and terrorist financing has been ratified by only 21 Member States so far; whereas confiscating assets generated by criminal activities is a very efficient tool to fight crime and terrorism, as it deprives criminals from the proceeds of their illegal activities and terrorists from organising an attack;
Amendment 467 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the FATF sets the global standards for Anti-Money Laundering and Countering Financing of Terrorism (AML/CFT) and identifies jurisdictions with weak measures to combat money laundering and terrorist financing; whereas as of June 2018, the FATF has reviewed over 80 countries and publicly identified 65 of them as presenting strategic deficiencies in their AML/CFT regimes; whereas out of these 65, 55 have since made the necessary reforms to address their weaknesses;
Amendment 468 #
2018/2044(INI)
Motion for a resolution
Recital BU b (new)
Recital BU b (new)
BU b. whereas the EU adopted two legislative instruments to implement FATF recommendations, revised in 2012 Directive 2015/849 on the prevention of the use of the financial system for the purpose of money laundering (the fourth AML Directive), and Regulation 2015/847 on information accompanying transfers of funds, both revised in 2018 (5th AML Directive), in order to address the gaps identified in the light of terrorist attacks and various tax leaks; whereas Member States had until 26 June 2017 to transpose the 4th Anti-Money Laundering Directive into their national legislation and whereas not all Member States have done so1a; __________________ 1a As of July 2018, the Commission has opened infringement procedures for non- communication of transposition measures against 20 Member States: 3 are currently at the stage of court referrals, 9 at the stage of reasoned opinions, and 8 at the stage of Letters of Formal Notice;
Amendment 470 #
2018/2044(INI)
Motion for a resolution
Recital BU a (new)
Recital BU a (new)
BU a. whereas the European Parliament's Committee of Inquiry into Money laundering, tax avoidance and tax evasion (PANA) verified how tax evaders count on the active help of professional intermediaries, who apparently fulfil the legal obligations;
Amendment 471 #
2018/2044(INI)
Motion for a resolution
Recital BU b (new)
Recital BU b (new)
BU b. whereas in July 2017 the European Commission and Europol obtained the observer status of the Egmont Group, an international united body composed of 156 financial intelligence units (FIUs), with the aim of increasing cooperation between FIUs, but also among other competent authorities;
Amendment 472 #
2018/2044(INI)
Motion for a resolution
Recital BU c (new)
Recital BU c (new)
BU c. whereas the European Agenda on Security of April 2015 highlighted the need to tackle the nexus between terrorism and organized crime, underlining that organised crime feeds terrorism through various different channels, inter alia supplying weapons, financing through drug smuggling, and infiltrating financial markets;
Amendment 473 #
2018/2044(INI)
Motion for a resolution
Recital BU d (new)
Recital BU d (new)
BU d. whereas recent data leaks have proven the links between money laundering and tax evasion on the one hand and organised crime and financing of terrorism on the other hand; whereas, as acknowledged by the Commission, recent media reports have also linked large-scale VAT and excise fraud with organised crime, including terrorism;
Amendment 478 #
2018/2044(INI)
Motion for a resolution
Recital BV
Recital BV
BV. whereas social media fundraising, abuse and misuse of non-profit organisations and small wire transfers are funding methods for Daesh and other terrorist organisations; whereas micro lending platforms are used to facilitate all three of these typologies;
Amendment 481 #
2018/2044(INI)
Motion for a resolution
Recital BV a (new)
Recital BV a (new)
BV a. whereas alongside traditional terrorist financing methods like private donation, extortion, kidnapping for ransoms, abuse and misuse of non-profit organisations, formal and informal remittance systems, the use of proceeds of criminal activities, cash or funds transfer through banks, recent terrorist attacks have shown that emerging financing methods like the use electronic, online and new payment methods like virtual currencies or anonymous prepaid cards also pose a risk which may increase in the future;
Amendment 565 #
2018/2044(INI)
Motion for a resolution
Recital CY a (new)
Recital CY a (new)
CY a. whereas the Council Conclusions on EU External Action on Counter- terrorism adopted on 19 June 2017, recall the role of the Common Security and Defence Policy (CSDP) missions and operations in combating terrorism, through enhancing security, stability, border control and security sector reform, in building counter-terrorism capacity and information sharing;
Amendment 567 #
2018/2044(INI)
Motion for a resolution
Recital CZ
Recital CZ
Amendment 576 #
2018/2044(INI)
Motion for a resolution
Recital DA
Recital DA
DA. whereas deaths destroy families and leave a legacy of irrevocable sadness, and many of the injured survivors of terrorist attacks suffer disfiguring and life- changing loss of senses and limbs and their plight impacts heavily on close family, while too often once the media spotlight has passed, the long-term needs of the victims are neglected;
Amendment 581 #
2018/2044(INI)
Motion for a resolution
Recital DB a (new)
Recital DB a (new)
DB a. whereas the difference between victims of terrorism and other traumatized groups of victims is especially psychosocial; whereas victims of terrorism are at risk of secondary victimization affecting them not only in judicial proceedings, but also in the many interactions they have with other State and non-State entities;
Amendment 584 #
2018/2044(INI)
Motion for a resolution
Recital DB b (new)
Recital DB b (new)
DB b. whereas at European level there is not a defined legal statute for victims of terrorism for the purposes of access to community services or compensation rights;
Amendment 615 #
2018/2044(INI)
Motion for a resolution
Recital DH a (new)
Recital DH a (new)
DH a. whereas one of the basic principles of democracy and the rule of law is the freedom of conscience that includes ideological and religious freedom; whereas the Charter of Fundamental rights enshrines the mentioned rights in Article 10;
Amendment 642 #
2018/2044(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, at this stage, the EU and the Member States should improve cooperation through existing European agencies and bodies and Member States’ security and justice institutions;
Amendment 655 #
2018/2044(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Council to retain the post of EU Counter-Terrorism Coordinator, a measure taken following the adoption of the declaration on combating terrorism on 25 March 2004;
Amendment 659 #
2018/2044(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Urges the Commission to conduct impact assessments and local elected representative, local operator, citizen and expert stakeholder consultations of future counter- terrorism legislative proposals;
Amendment 662 #
2018/2044(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls for the jurisdiction of the European Public Prosecutor’s Office to be expanded to cover counter-terrorism within the framework of cross-border affairs and for its investigatory powers to be strengthened so that the European Public Prosecutor’s Office can open and conduct European investigations, in cooperation with Eurojust and Member States’ legal authorities;
Amendment 673 #
2018/2044(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to promote, in the relevant international forums, the explicit consideration of terrorism as "Crime against humanity", set out in Article 7 of the Rome Statute that led to the creation of the International Criminal Court;
Amendment 696 #
2018/2044(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Member States to establish and maintain appropriate ‘civil defence’ measures for preparedness against CBRN attacks by recruiting qualified and regularly trained personnel incorporating both full-time and voluntary staff, as well as appropriate technical infrastructure including response resources such as specialised detection vehicles, care for victims, etc., and the sharing of best practice; emphasises that these measures must be in line with a multidisciplinary strategy that contains methods of coordination, notification procedures, standard protocols, evacuation planning, public alarm systems and incident reporting; calls on the Commission and the Member States to gradually harmonise these strategies;
Amendment 715 #
2018/2044(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that terrorists have been known to start off in petty crime; is concerned that certain Member States’ justice systems have low conviction rates, with inadequate sentences being issued for serious crime and radicalised individuals being released prematurely or on parole; Therefore eEncourages Member States to organise their justice systems such as to ensure effective intervention vis- à-vis habitual offenders and sufficient dissuasiveness for such offenders;
Amendment 742 #
2018/2044(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for the creation of an EU ‘Centre of Excellence for Preventing Radicalisation (CoE PR)’, to be embedded in the Commission with adequate financial and human resources; believes its tasks should include coordination, including of funding, and facilitation of cooperation among Member States, policymakers, practitioners (by involving former RAN and ESCN structures), experts and researchers in the area of preventing and countering radicalisation, exchange of best practices, lighthouse projects and training of different professionals, including judges and prosecutors, also by partnering with key strategic third countries; considers that this centre should also establish methodologies to evaluate and measure the effectiveness of programmes and projects;
Amendment 748 #
2018/2044(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on the Commission to mobilize the FRA in a more targeted way to support EU initiatives on prevention of radicalisation, integration and values, while upholding fundamental rights;
Amendment 749 #
2018/2044(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Calls on EU ‘Centre of Excellence for Preventing Radicalisation (CoE PR)’ to carry out a follow-up of action plans against radicalisation in prisons and in post-prison transition;
Amendment 759 #
2018/2044(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Calls on the Commission to identify objective indicators that will enable local and regional authorities to map out the local specificities of violent radicalisation, including the identification of vulnerable groups, this will help tailor anti-radicalisation programmes to the specific situation in a particular area;
Amendment 768 #
2018/2044(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for the creation of a European Simone Veil Resilience Prize, which would be awarded every year to the best social and cultural project at local level in the EU, promoting societal engagement, EU fundamental values, inclusiveness and democracy with the aim of building resilient societies that are immune to polarisation and radicalisation;
Amendment 772 #
2018/2044(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls on the Commission and the Member States to make a greater effort to build a framework from which to propose public policies of integration, in collaboration with local administrations, and assess their impact, mobilizing cross- cutting economic resources, technical and human resources, involving different Directorate-Generals (DGs), agencies and bodies, in order to avoid ghettos and the absence of law;
Amendment 784 #
2018/2044(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Member States to encourage and tolerate only ‘practices of Islam’ that are in full accordance with EU valuedemocracy, rule of law and human rights; welcomes the initiatives by moderate Muslim religious communities throughout Europe to counter the dangerous narratives from within their communities
Amendment 795 #
2018/2044(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Member States to conduct prior screenings of chaplains and to consistently blacklist any hate preachers; calls on the Commission to introduce an EU watch listMembers States to consistently and systematically upload that information to relevant existing national and European systems and data bases so as to better exchange information on radical chaplains;
Amendment 806 #
2018/2044(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to increase the offer of higher education opportunities for chaplains in the EU, with accrediting theological education programmes integrating EU valufully compatible with democracy, rule of law and human rights, with the neutrality and democratic laicism of European countries; invites the Commission and the Member States to develop and fundencourage a network of European religious scholars that can spread omote- and testify to - practices of Islam that are compliant with EU valuedemocracy, rule of law and human rights;
Amendment 817 #
2018/2044(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 824 #
2018/2044(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Member States to implement the CT Directive under which incitement to commit a terrorist act is a criminal offence, in order to exclude hate preachers from public activity using all legal measures, including refusal of visas or expulsion from EU territory, and to start judicial proceedings against such preachers;
Amendment 835 #
2018/2044(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Member States to close without delay mosques and places of worship and ban associations that do not adhere to EU valuedemocracy, rule of law and human rights and incite to terrorist offences, hatred, discrimination or violence;
Amendment 847 #
2018/2044(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Invites the Member States to examine how to ensure that places of worship, education, charities, cultural associations and similar entities provide details regarding the provenance of their funds and their distribution, both within and outside the EU, and how data concerning these entities, where there exists suspicion or reasonable grounds to suspect links with terrorist groups, could be recorded in a centralised database, set up with all the appropriate guaranteesin accordance with the EU rule of law;
Amendment 858 #
2018/2044(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Asks the Member States to ban and remove all religious literature within their territory that incites toexplicitly incites to carry out violent and terrorist acts; asks for such literature to be removed from online platforms and shops as part of the referrals by the Internet Referral Unit;
Amendment 867 #
2018/2044(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Highlights that Member States have to ensure that all educational institutions provide education in accordance with the European Convention on Human Rights, through checks on curricula, regular inspections and sanctions for non- compliance;
Amendment 871 #
2018/2044(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to establish binding procedures for schools for tackling the challenge of radicalised pupils, and to offer training for teachers with regard to this; stresses the need for involvement of law enforcement and justice bodies in the process of addressing radicalisationpolicies for the prevention of violent radicalization, both specific (vulnerable groups) and non-specific (general), including the educational community;
Amendment 880 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Urges the Commission and Member States to adopt a gender perspective on radicalisation, encompassing both the role of passive subject of girls and women in radicalization, and their role as an active radical subject or as an active de- radicalization agent;
Amendment 881 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25 b. Highlights the importance of conducting specific research on the role of women within targeted regions, countries and communities to understand their role and identified areas where women’s organisations could contribute to building greater resilience to radicalization;
Amendment 883 #
2018/2044(INI)
Motion for a resolution
Paragraph 25 c (new)
Paragraph 25 c (new)
25 c. Believes that gatherings in schools with victims and people who have overcome violent radicalization could be an effective tool for preventing counter- radicalisation;
Amendment 899 #
2018/2044(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Underlines the need to achieve automatic, fast and full removal of terrorist content; requestwelcomes the Commission to present a legislative proposal obliging companies to remove terrorist content fully within one hour and to introduceing clear reporting obligations on the incidence of terrorist content and removal rates, as well as sanctions for non- compliance;
Amendment 908 #
2018/2044(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls for the creation of an online European platform that citizens can use in order to flag terrorist and extremist content onlineWelcomes the work done by the Europol’s European Union Internet Referral Unit (EU IRU) who track the content of "terrorist propaganda" or "violent extremism" on the Internet, and report them to the platforms for immediate suppression;
Amendment 925 #
2018/2044(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Calls on Member States that have not yet done so to conclude a voluntary code of conduct with access providers undertaking to limit the number of users of any IP address and restrict the use of CGN technology and ensure as soon as possible the transition to the new generation Internet Protocol version offering an unlimited combination of IP addresses; asks the Commission, if necessary, to table a legislative proposal in this area;
Amendment 937 #
2018/2044(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Calls on Member States to ensure safe and orderly prison conditions and to create specific procedures forand indicators to identify and deal with radicalised inmates, in order to prevent radicalisation of others, as well as to ensure targeted monitoring and targeted disengagement measures, and to train prison staff accordingly;
Amendment 968 #
2018/2044(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Urges Member States to implement, fully and on time, the existing legislation, and calls on the Commission to provide the necessary support; calls on the Commission to analyse the shortcomings in the transposition, implementation and application of the existing legislation, and to use its powers to initiate infringement proceedings when Member States fail to properly implement legislation;
Amendment 972 #
2018/2044(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Urges Member States to ensure that they have the necessary technical equipment (for example mobile devices allowing the police to check the biometrics of a person during on-the-spot checks), software, security systems and qualified staff to make full use of the existing information systems and cooperation mechanisms;
Amendment 980 #
2018/2044(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Deplores the insufficient character of the security research being conducted, and calls for a specific programme on security research to be established in the next MFF; calls on the Member States to regularly organise foresight exercises looking into future threat scenarios; supports the continued funding by the Commission of the establishment of modernised databases and the provision of up-to-date technical equipment and training of staff, and calls for a more ambitious approach in this respect;(Does not affect the English version)
Amendment 991 #
2018/2044(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to respectcomply with their obligations under the CT Directive to exchange relevant information in connection with terrorist offences as soon as possible with the competent authorities of other Member States, not only on request but also spontaneously; competent law enforcement authorities should, without any prior request being necessary, provide to the competent law enforcement authorities of other Member States information and intelligence in cases where there are factual reasons to believe that this information and intelligence could assist in the detection, prevention or investigation of offences;
Amendment 993 #
2018/2044(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on Member States to ensure that information in connection with terrorist offences is consistently and systematically uploaded to European systems and platforms, particularly in the alert under Article 36 of the SIS II Regulation and synchronised where possible by implementing a consistent three-tier information sharing approach by making optimal and consistent use of SIS and Europol data that Europol processes for cross-checking and for analysis in the relevant analysis projects;
Amendment 1008 #
2018/2044(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37 a. Calls on the Commission to table a legislative proposal to extend the pilot project ADEP to all the Member States and Europol and to frame this project with a clear EU legal basis;
Amendment 1013 #
2018/2044(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Urges the Member States to systematically check all relevant databases and information systems and introduce all useful datadata that meet the quality requirements of the respective information systems in a timely manner;
Amendment 1025 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;
Amendment 1027 #
2018/2044(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Welcomes the deployment of a central automated fingerprint identification system (AFIS) within SIS to enable end users to search SIS on the basis of fingerprint data; calls for the roll-out of the system by 2019; urges all Member States to implement the AFIS functionality of SIS immediately; notes that despite the legal basis of SIS II permitting the storage of fingerprints, such biometrics have so far only been used to confirm the identity of a person following a check on name or date of birth; believes that identification based solely on fingerprints would represent significant added value;(Does not affect the English version)
Amendment 1028 #
2018/2044(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41 a. Welcomes the new type of alert: an "inquiry check" under Article 36 of the SIS and the new obligation for an immediate reply by the SIRENE Bureau in case of an alert linked to terrorism which complements the existing tools available to competent authorities for identifying and investigating on individuals related to terrorism;
Amendment 1030 #
2018/2044(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 1033 #
2018/2044(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Welcomes the creation of the European travel information and authorisation system (ETIAS) which will be applied to visa-free nationals of third countries;
Amendment 1041 #
2018/2044(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Calls for private planes, and charter flights and travel agencies to be covered by the EU PNR Directive and for air carriers to be obliged to collect PNR data;
Amendment 1047 #
2018/2044(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Calls on the Member States to interconnect their PIUs in order to facilitate the exchange of PNR, data and calls on the Commission to propose technological solutions to make the exchange of PNR data and their integration into different systems less time-consuming and demanding in terms of human resources by automating the processing of requests from one PIU to another; encourages, therefore, projects such as the ISF project led by the Netherlands to develop PIU.net based upon the established FIU.net; asks the Commission, together with Europol, to support the development of joint targeting rules and risk assessments to be applied by the Member States, in order to enable Europol to search national PNR data with central algorithms;
Amendment 1049 #
2018/2044(INI)
Motion for a resolution
Paragraph 45 a (new)
Paragraph 45 a (new)
45 a. Calls on the Commission to implement common standards for analysis of PNR data so as to identify suspicious persons or behaviours that would then be regarded as relevant for the purposes of Article 9 of the PNR Directive and thus sent to other Member States systematically and automatically;
Amendment 1068 #
2018/2044(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48 a. Calls on the Member States for the full implementation of the Prüm Convention and EU Council Decision 2008/615/JHA, and adhesion to the European Information Exchange Model and the Swedish Initiative;
Amendment 1073 #
2018/2044(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes the proposed regulations on interoperability, and calls for additional information systems, including decentralised European and national systems, to be included in the future; asks Member States to engage proactively in this process; is convinced that interoperability is vital for bringing all relevant and necessary information together, in particular identity data, while respecting access rights and purpose limitation;
Amendment 1077 #
2018/2044(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. Calls for the delineation of harmonised minimum data quality standards for data input, to be established at EU level, according to the criteria of the new data protection package, and applied across IT systems in order to ensure consistent quality of the data therein; urges eu-LISA to elaborate common indicators and checks and to develop a central monitoring capacity for data quality for all systems under its competence; calls for the implementation of automated data quality control mechanisms as proposed by the Commission; further recommends that when eu-LISA notes irregularities in its quality reports to the Member States, the Member State concerned should be obliged to correct the data or justify the lack of correction;
Amendment 1086 #
2018/2044(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Calls to optimize the collaboration and coordination system defined by the Counter Terrorism Group (CTG) in order to reinforce the preventive function;
Amendment 1087 #
2018/2044(INI)
Motion for a resolution
Paragraph 53 b (new)
Paragraph 53 b (new)
53 b. Calls to optimize the work of the EU Intelligence and Situation Centre (EU INTCEN) to increase its effectiveness in the fight against terrorism;
Amendment 1092 #
2018/2044(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls on the Member States to explore new approaches to intensifying cooperation and exchange of information between law enforcement and intelligence services at national level, e.g. through secure, pseudonymised hit/no hit search solutions, which preserve the necessary separation between law enforcement and intelligence work and the required principles of information ownership and source protection;
Amendment 1099 #
2018/2044(INI)
Motion for a resolution
Paragraph 55
Paragraph 55
Amendment 1106 #
2018/2044(INI)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Calls on the Member States to examine the possibility of better coordination and cooperation between intelligence and law enforcement services at EU level by increasingly sending intelligence experts in addition to law enforcement staff to the meetings of the Counter-Terrorism Joint Liaison Team (CTJLT) at Europol, which could serve as a blueprint for further cooperation between law enforcement and intelligence; calls on the Commission to support the CTJLT, including special funding; advises the Member States to set up a European Intelligence Academy in order to coordinate intelligence services within the Member States and to enhance interaction between them by developing good practices and training programmes, the ultimate aim being to create a truly European network;
Amendment 1120 #
2018/2044(INI)
Motion for a resolution
Paragraph 57 a (new)
Paragraph 57 a (new)
57 a. Calls on the Commission to determine, with the active participation and agreement of experts from the Member States, good practices in terms of follow-up procedures for hits on persons involved in terrorism or terrorism-related activities under Article 36 and to incorporate these into the SIS/SIRENE Best Practices Catalogue and amend the SIRENE Manual, if necessary;
Amendment 1122 #
2018/2044(INI)
Motion for a resolution
Paragraph 57 b (new)
Paragraph 57 b (new)
57 b. Calls on the Commission to implement a "post-hit" information exchange mechanism that would enable all or at least Member States concerned to be informed of the hits generated by the movements of persons involved in terrorism or terrorism-related activities; underlines the need for mapping of the travel movements of FTFs/returnees/ persons involved in terrorist activities based on SIS hits in order to gain a clear and comprehensive picture that can provide a basis for taking further measures;
Amendment 1129 #
2018/2044(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Calls for Europol to become a veritable hub for information exchange and cooperation in the field of counter- terrorism in the EU, if necessary with a stronger mandate;
Amendment 1133 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Invites Europol to make full use of its current rights to access SIS, VIS and Eurodac with the purpose of enhancing interoperability, while respecting fundamental rights and data protection legislation;
Amendment 1134 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 a (new)
Paragraph 58 a (new)
58 a. Calls on the Commission to strengthen Europol's mandate so it is given proper investigative powers within Europe, while also ensuring it has the legal capacity to conduct criminal proceedings;
Amendment 1135 #
2018/2044(INI)
Motion for a resolution
Paragraph 58 b (new)
Paragraph 58 b (new)
58 b. Calls on Europol to ensure the timely availability of QUEST to Member States, with the purpose of enhancing interoperability;
Amendment 1140 #
2018/2044(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
60. Urges Member States to ensure full flexibility for contacts between Europol and the relevant authorities when it comes to terrorist offences, considering that in the field of CT speed is often essential; encourages Member States to use ‘on-the- spot deployments’ of Europol specialists, as this increases trust and reduces administrative burdens; calls on the Member States to ensure direct access of Member States’ law enforcement CT services (beyond federal/central level) to Europol's services;
Amendment 1152 #
2018/2044(INI)
Motion for a resolution
Paragraph 63 a (new)
Paragraph 63 a (new)
63 a. Welcomes the new provision in the future SIS II allowing Europol, unless legal or operational reasons require otherwise, to be informed of any new alert or any hit linked to terrorism in the SIS; notes this will allow cross-checks and, if deemed appropriate, operational and/or thematic analyses, in order to proceed with the mapping of travel patterns and/or to analyse the located individual(s)'s possible connections; calls on the Commission to quickly implement in an automatic way this new possibility;
Amendment 1154 #
2018/2044(INI)
Motion for a resolution
Paragraph 63 b (new)
Paragraph 63 b (new)
63 b. Calls on Europol to fully develop biometric capacity as soon as possible, as it would be important for Member States to increasingly share biometric information with Europol;
Amendment 1162 #
2018/2044(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Calls on the Member States and Europol's support and contribution to the watch list to be developed for ETIAS and for the VIS as well as cooperation between Europol and Member States for the purpose of an assessment of visitors’ applications prior to their arrival at the external borders crossing points;
Amendment 1165 #
2018/2044(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Calls on the Member States to systematically involve Eurojust in their counter terrorism investigations and prosecutions with a cross-border dimension and make efficient use of Eurojust’s coordination tools;
Amendment 1170 #
2018/2044(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Calls on Eurojust to continue enlarging its network of contact points in third countries, and encourages the posting to Eurojust of more liaison prosecutors, for example from the Western Balkans;(Does not affect the English version.)
Amendment 1171 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 a (new)
Paragraph 67 a (new)
67 a. Call for more systematic cooperation among the JHA agencies working on CT to develop joint approaches and synergies given the increasing role of the agencies in counter- terrorism; believes that regular joint meetings of all the key agencies could further develop joint work on CT and increase synergies with their liaison officers in delegations;
Amendment 1174 #
2018/2044(INI)
Motion for a resolution
Paragraph 67 b (new)
Paragraph 67 b (new)
67 b. Calls on the Member States to increase the number of Seconded National Experts with CT background to agencies with a view to ensuring a representation of Member States needs and allowing the agencies to have the necessary expertise in the CT field, in the context of their mandates;
Amendment 1178 #
2018/2044(INI)
Motion for a resolution
Paragraph 68 a (new)
Paragraph 68 a (new)
68 a. Invites CEPOL to continue developing training programmes for end- users of SIS, on the basis of the SIRENE Manual and Best Practices Catalogue, on the topic of persons involved in terrorism or terrorism-related activities, including foreign terrorist fighters, who are the subject of alerts in SIS.
Amendment 1186 #
2018/2044(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the Commission to examine the possibility of a legislative proposal that obliges service providers and communications platforms present on the EU market to cooperate when it comes to encrypted communications if there is a judicial decision to that effect; reminds that such cooperation should not entail any obligation to decrypt the data and should not weaken the security of their networks and services, for instance by creating or facilitating "backdoors";
Amendment 1187 #
2018/2044(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the Commission to examine the possibility of a legislative proposal that obligesMember States to foster dialogue with service providers and communications platforms present on the EU market toin order to strengthen their cooperateion when it comes to encrypted communications if there is a judicial decision to that effect; reminds that such cooperation should not entail any obligation to decrypt the data and should not weaken the security of their networks and services, for instance by creating or facilitating “backdoors”;
Amendment 1188 #
2018/2044(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Calls on the Commission to examine the possibility of a legislative proposal that obliEncourages service providers and communications platforms present on the EU market to cooperate when it comes to encrypted communications if there is a judicial decision to that effect; reminds that such cooperation should not entail any obligation to decrypt the data and should not weaken the security of their networks and services, for instance by creating or facilitating “backdoors”;
Amendment 1201 #
2018/2044(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Urges the Member States to invest in up-to-standard ICT equipment at all border crossings to allow for proper checks using all relevant databases; asks the Commission to set a benchmark for technical standards of such ICT equipment, after consulting eu-LISA; considers that the work on the proposals for interoperability of information systems should be taken as an opportunity to improve and partially harmonise national IT systems and national infrastructure at border crossing points;
Amendment 1204 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 a (new)
Paragraph 73 a (new)
73 a. Ask the Commission to closely monitor the implementation of the new Regulation (EU) 2017/458 which provides for systematic checks on all persons crossing the external borders and in particular the use of the derogation on systematic checks;
Amendment 1205 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Calls on the Members States to further develop mutual cross-border police cooperation through joint threat assessment, risk analysis and patrols;
Amendment 1206 #
2018/2044(INI)
Motion for a resolution
Paragraph 73 c (new)
Paragraph 73 c (new)
73 c. 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 the management of the external borders;
Amendment 1215 #
2018/2044(INI)
Motion for a resolution
Paragraph 75 a (new)
Paragraph 75 a (new)
75 a. Welcomes the Commission proposal on strengthening the security of identity cards of Union citizens and of residence documents issued to Union citizens and their family members exercising their right of free movement;
Amendment 1216 #
2018/2044(INI)
Motion for a resolution
Paragraph 76
Paragraph 76
Amendment 1223 #
2018/2044(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
Amendment 1232 #
2018/2044(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Calls on the Member States to make it compulsory for airport operato carriers to conduct conformity checks when passengers board a plane in order to make sure that the identity stated on the ticket matches the ID card or passport in the passenger’s possession;
Amendment 1251 #
2018/2044(INI)
Motion for a resolution
Paragraph 83 a (new)
Paragraph 83 a (new)
83 a. Calls on the Member States and the EU bodies, such as Europol and INTCEN to regularly give to EBCA strategic information on CT related to the border dimension; believes this should also include feedback after second line security checks and information related to document fraud;
Amendment 1258 #
2018/2044(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85 a. Invites the European Border and Coast Guard Agency to develop training programmes and deliver training courses for border guards focusing on reinforcing checks against relevant databases at external borders and supporting the implementation of common risk indicators;
Amendment 1261 #
2018/2044(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
Amendment 1271 #
Amendment 1274 #
2018/2044(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
Amendment 1282 #
2018/2044(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
Amendment 1287 #
2018/2044(INI)
Motion for a resolution
Paragraph 90
Paragraph 90
Amendment 1296 #
2018/2044(INI)
Motion for a resolution
Paragraph 91
Paragraph 91
91. Encourages Member States and third countries to implement the conclusions of the “No money for terror” conference held April 2018 in Paris, the FATF recommendations, as well as the International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation adopted by the FATF in February 2012 (the so-called ‘revised FATF Recommendations’), without delay;
Amendment 1297 #
2018/2044(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Calls on those Member States which have not yet ratified the Council of Europe Convention on Laundering, Search, Seizure and Confiscation of the Proceeds from Crime and on the Financing of Terrorism to ratify and transpose it; calls on those Member States to properly implement the Regulation of the European Parliament and Council regarding the Mutual Recognition of Freezing and Confiscation Orders;
Amendment 1298 #
2018/2044(INI)
Motion for a resolution
Paragraph 92 a (new)
Paragraph 92 a (new)
92 a. Calls on Member States who have not implemented the 4th AMLD to do so without delay; encourages Member States to take the necessary measures to make sure they transpose the 5th AMLD within the deadline, set for 10 January 2020; recalls that more transparency with respect to ultimate beneficial owners of corporate entities, trusts and similar arrangements, as requested by this directive, is an effective tool against money laundering and terrorist financing;
Amendment 1306 #
2018/2044(INI)
Motion for a resolution
Paragraph 93 a (new)
Paragraph 93 a (new)
93 a. Calls on the Member States to regulate hawala, making it mandatory to declare to the authorities every transaction made using the hawala system, and emphasising that the aim is not to crack down on traditional informal money transfers, but on trafficking involving organised crime, terrorism or industrial/commercial profits deriving from dirty money;
Amendment 1311 #
2018/2044(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94 a. Welcomes the proposal for a Regulation on the importation of cultural goods;
Amendment 1316 #
2018/2044(INI)
Motion for a resolution
Paragraph 96 a (new)
Paragraph 96 a (new)
96 a. Welcomes the adoption of new rules regarding the control of cash entering or leaving the European Union1a and calls for its swift implementation; calls on the Commission to evaluate whether other assets should be included within the scope of this Regulation, whether the disclosure procedure for unaccompanied cash fits the purpose and whether the threshold for unaccompanied cash should be reviewed in the future; __________________ 1a Regulation of the European Parliament and of the Council on controls on cash entering or leaving the Union and repealing Regulation (EC) No 1889/2005
Amendment 1330 #
2018/2044(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Calls for the establishment of a European Union Terrorist Financing Tracking System (TFTS) for transactions by individuals with links to terrorism and its financing made within the Single Euro Payments Area, which would be complementary to the Terrorist Financing Tracking Program (TFTP) in the US and would ensure a balance is struck between security and individual freedoms; points out that European data protection standards would apply to this intra- European system;
Amendment 1336 #
2018/2044(INI)
Motion for a resolution
Paragraph 99
Paragraph 99
99. UCalls on the Member States to make better use of the informal network of European Financial Information Units (FIU.net), by implementing the 5th Anti- Money Laundering Directive and by adopting regulatory measures to address other issues stemming from the divergent status and competences of financial intelligence units, in particular to facilitate coordination and exchange of information; urges the further development and capabilities of FIU.net by Europol so that it can be used to its full potential and in order to facilitate the manual processing of bilateral requests;
Amendment 1341 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Urges Member States to ensure FIUs exchange any information that may be relevant for the processing or analysis of information by the FIU related to money laundering or terrorist financing and the natural or legal person involved; calls for greater harmonisation of the status and functioning of European FIUs;
Amendment 1342 #
2018/2044(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99 a. Reiterates the position of the European Parliament on AMLD 5 regarding the creation of a European FIU in order to overcome the current cooperation difficulties which exist between national FIUs; believes an EU FIU should be set up in order to coordinate, assist and support Member Sates FIUs in cross-border cases;
Amendment 1353 #
2018/2044(INI)
Motion for a resolution
Paragraph 100 a (new)
Paragraph 100 a (new)
100 a. Welcomes the Commission's Action Plan to support the protection of public spaces and encourages the Member States to exchange best practices and establish collaborative networks between public and private sector actors if necessary;
Amendment 1357 #
2018/2044(INI)
Motion for a resolution
Paragraph 104
Paragraph 104
104. Calls on Member States to establish national multidisciplinary crisis response centres for coordination and emergency response in case of an attack or incident; calls for these centres to make use of the EU Integrated Political Crisis Response (IPCR) arrangements to give coordinated responses to three key instruments: the central IPCR 24/7 contact point, the IPCR web platform, and the Integrated Situational Awareness and Analysis (ISAA) report;
Amendment 1359 #
2018/2044(INI)
Motion for a resolution
Paragraph 105 a (new)
Paragraph 105 a (new)
105 a. Encourages the Commission to publish guidances for Member States with the aim of increasing the protection of public spaces;
Amendment 1360 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cybersecurity; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation for enterprises and public agencies to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business continuity plans in the case of an incident or attack;
Amendment 1362 #
2018/2044(INI)
Motion for a resolution
Paragraph 106
Paragraph 106
106. Calls for Directive 2008/114 to be revised, in order to: provide similar rules and procedures for ‘operators of essential services’ as in the NIS Directive; ensure that designation of ECIs be done on the basis of an analysis of the systems supporting vital and cross-border services, rather than a sector-by-sector approach, taking due account of the importance of cyberdigital security; allow the Commission to designate assets of pan-European services as ECIs; take due account of existing interdependencies; create an obligation to report incidents, conduct stress tests, provide appropriate training at the designated contact points and establish quality requirements as regards business continuity plans in the case of an incident or attack;
Amendment 1367 #
2018/2044(INI)
Motion for a resolution
Paragraph 108
Paragraph 108
108. Underlines the need to put in place effective response strategies including clear lines of communication in the case of an attackby the immediate reaction teams, in order to reduce casualty rates and minimise the impacimprove the management onf the publicsituation; urges the Member States to step up their engagement with the mechanisms that have already been put in place on European level;
Amendment 1369 #
2018/2044(INI)
Motion for a resolution
Paragraph 109 a (new)
Paragraph 109 a (new)
109 a. Welcomes the creation inside the European Counter Terrorism Centre (ECTC) of a knowledge hub on the topic of CBRNE, which will be alongside the European Nuclear Security Training Centre (EUSECTRA); asks for a standard procedure in which every Member State effectively shares information with the knowledge gathering Centre;
Amendment 1374 #
2018/2044(INI)
Motion for a resolution
Paragraph 110
Paragraph 110
110. Believes that a systemthere must be set up for car rental agencies to check the identity of clian evaluation for the creation of a system to allow police authorities to receive information from car rentsal against police databases, showing only a red or green flagencies when investigating and following a person under suspicion;
Amendment 1382 #
2018/2044(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111 a. Encourages to foster preparation and drills, such as the one that took place the 29th of June between Belgium and the Netherlands, to ensure an Integrated Political Crisis Response (IPCR); believes that the EU can offer a supporting framework to that cooperation, notably in topics like the medical care (European Medical Corps), public safety (Health Security Committee), or decontaminating protocols, as well as coordinating special intervention units from the national police and civil protection forces;
Amendment 1385 #
2018/2044(INI)
Motion for a resolution
Paragraph 113
Paragraph 113
113. Calls for the establishment of a European system of licences for specialised buyers, different from the general public, which obliges economic operators to be registered in order to be allowed to legally manufacture, distribute or sell substances listed in the Annexes, or involving mixtures or substances containing them; calls on Member States to set up inspection systems to identify non- compliance with the regulation by economic operators;
Amendment 1386 #
2018/2044(INI)
Motion for a resolution
Paragraph 113 a (new)
Paragraph 113 a (new)
113 a. Welcomes the impact assessment of Regulation 98/2013 on explosive precursors, which will be followed by a revision of the efficiency, coherence and added value to add the required new measures to strengthen restriction and control on the use and possession of explosive precursors; encourages to evaluate the mandatory information exchange process established by this Regulation;
Amendment 1390 #
2018/2044(INI)
Motion for a resolution
Paragraph 118
Paragraph 118
Amendment 1402 #
2018/2044(INI)
Motion for a resolution
Paragraph 121 a (new)
Paragraph 121 a (new)
121 a. Reminds that the European Commission has adopted a report on the evaluation of Regulation 258/2012 that establishes rules for authorised export, import and transit for non-military firearms, reaching the conclusion that the Regulation continues to be necessary but that its' effectiveness is limited by the lack of precision of some dispositions and the complex interaction with other legislation instruments of the EU.
Amendment 1431 #
2018/2044(INI)
Motion for a resolution
Paragraph 125
Paragraph 125
125. Calls on the Commission to strengthen support to third countries, especially neighbouring countries, in their efforts to tackle crime and trafficking as a source of terrorist financing; asks to strengthen the relations with them to accelerate the freezing of assets coming from illegal trafficking;
Amendment 1434 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls for enhanced cooperation and identification of synergies between Common Security and Defence Policy (CSDP) missions and operations and Justice and Home Affairs Council (JHA) actions;
Amendment 1436 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 a (new)
Paragraph 125 a (new)
125 a. Calls on the Member States to make full use of intelligence analysis on CT from the European Union Intelligence and Situation Centre (EU INTCEN);
Amendment 1439 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 b (new)
Paragraph 125 b (new)
125 b. Calls on the Commission to give a clear mandate for IntCen to reach out directly to analysts within EU delegations in order to increase the flow of relevant information to the EU’s central intelligence system;
Amendment 1440 #
2018/2044(INI)
Motion for a resolution
Paragraph 125 b (new)
Paragraph 125 b (new)
125 b. Asks to increase the relevance of the European Day of Remembrance of Victims of Terrorism, the 11th of March;
Amendment 1449 #
2018/2044(INI)
Motion for a resolution
Paragraph 126
Paragraph 126
126. Calls on the Commission to establish an EU Coordination Centre for victims of terrorism (CCVT), which should provide timely and adequate crisis support in cases of mass attacks in one or severalto Member States; considers that amongst others, the role of the CCVT wouldshall be to ensure the provision of expertise at EU level by promoting exchange of knowledge, protocols and best practices;
Amendment 1450 #
2018/2044(INI)
Motion for a resolution
Paragraph 126 a (new)
Paragraph 126 a (new)
126 a. Asks the CCVT to consecrate itself to the collection of data as well as to the investigation and promotion of practical proposals, such as the creation of protocols in order to: 1) guarantee the first emotional attention to the victims of terrorism; 2) bring forward the subsequent psychological and emotional support for victims of terrorism; 3) avoid a second victimisation during the judicial process or bureaucratic interactions; 4) guarantee the effective access to justice, especially in attacks involving transnational victims; 5) foster good practices for the media in sensible topics for victims of terrorism and their families;
Amendment 1451 #
2018/2044(INI)
Motion for a resolution
Paragraph 126 b (new)
Paragraph 126 b (new)
126 b. Asks the CCVT, for the purpose of investigation and improvement of protocols, to create an official Register of Victims of Terrorism in the EU, fully complying with the data protection regulations;
Amendment 1452 #
2018/2044(INI)
Motion for a resolution
Paragraph 126 c (new)
Paragraph 126 c (new)
126 c. Urges that a single authority responsible for acting as a national contact point for the CCVT to be established at national level;
Amendment 1453 #
2018/2044(INI)
Motion for a resolution
Paragraph 127
Paragraph 127
127. Calls on the Commission to establish a single on-line platform in all EU languages for the rights of and support to victims of terrorism, which would be managed by the CCVT, with a single point of contact at each national level including a helpline; asks the CCVT to have a public register of accredited organisations for support of the victims, available for consultations and improvement of the protocols elaborated;
Amendment 1461 #
2018/2044(INI)
Motion for a resolution
Paragraph 128
Paragraph 128
128. Calls on the Commission to put forward a legislative proposal on the victims of terrorism, including a clearommon definition of their specific status and status of victim of terrorism and their rights, and a standardised form to claim compensation; considers that there should be a simplified procedure at national level for granting automatic compensation to victims of terrorism directly after an attack and for sanctioning fraudsters, and that the question of further compensation should be reviewed at regular intervals on the basis of an assessment of the victim’s situation;
Amendment 1463 #
2018/2044(INI)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. Believes that the scope of application of the common definition of victim of terrorism shall cover at least: 1) people deceased; 2) people who suffered physical and/or psychological damage; 3) people who suffered kidnappings or threats; 4) the spouse of the deceased or person linked to him by the same relation of affection, including parents and children, grandparents and siblings;
Amendment 1465 #
2018/2044(INI)
Motion for a resolution
Paragraph 128 a (new)
Paragraph 128 a (new)
128 a. Calls on the Commission to initiate a dialogue with the Member States in order to reduce the large disparities existing in the national financial compensation granted by each state to the victims of terrorist attacks;
Amendment 1468 #
2018/2044(INI)
Motion for a resolution
Paragraph 129 a (new)
Paragraph 129 a (new)
129 a. Underlines that effective information rights imply generic considerations regarding assistance and right services, economic and procedural, which the victim can access, as well as specific information about the procedures of the lawsuit dealing with their legitimate interests;
Amendment 1470 #
2018/2044(INI)
Motion for a resolution
Paragraph 130
Paragraph 130
130. Stresses that notification to victim’s families should be delivered by specifically trained professionals in a dignified, humane and appropriate way, ensuring that the media do not reveal their identities without their prior consent, and that priority should be given to handlingthe respect for minors;
Amendment 1473 #
2018/2044(INI)
Motion for a resolution
Paragraph 132
Paragraph 132
132. Calls on the Member States to ensure that the needed assistance is provided to victims of terrorism, and if needed, also encompasses measures such as first aid, psychological support, cash advances to help cover immediate expenses, certified childcare and home support, tax relief schemes and help with transport in the case of a temporary or permanent disability;
Amendment 1475 #
2018/2044(INI)
Motion for a resolution
Paragraph 133
Paragraph 133
133. Calls on the Member States, with the support of the Commission, to ensure that professionals of all relevant national services are adequately trained on the specific needs of victims of terrorism, and especially first responders; notes that the CCVT will help in the tasks of professional training, including for policemen, lawyers and other staff that deals with victims, and also with insurance companies or compensation authorities;
Amendment 1477 #
2018/2044(INI)
Motion for a resolution
Paragraph 133 a (new)
Paragraph 133 a (new)
133 a. Requires the institutions to safeguard that a subsequent victimisation derived from humiliation and attacks to the image of the victims coming from social sectors related to the attacker does not take place;
Amendment 1478 #
2018/2044(INI)
Motion for a resolution
Paragraph 133 b (new)
Paragraph 133 b (new)
133 b. Ask Member States to forbid homages to terrorists with a final judgment on terrorist activities;
Amendment 1479 #
2018/2044(INI)
Motion for a resolution
Paragraph 133 c (new)
Paragraph 133 c (new)
133 c. Asks Member States to pay special attention to victims when they can suffer harassment or they fear they might be attacked again by the social entourage of the aggressors;
Amendment 1481 #
2018/2044(INI)
Motion for a resolution
Paragraph 134
Paragraph 134
Amendment 1483 #
2018/2044(INI)
Motion for a resolution
Paragraph 134 a (new)
Paragraph 134 a (new)
134 a. Considers that there should be a national simplified process to grant an automatic indemnisation to victims of terrorism right after an attack to allow them to face the first expenditures;
Amendment 1484 #
2018/2044(INI)
Motion for a resolution
Paragraph 135
Paragraph 135
135. Calls on the Member States to ensure that all victims of terrorism are entitled to be a party in judicial proceedings relating to a terrorist attack concerning them and to take into account the specific situation of cross-border victims; asks Member States to guarantee that degrading or humiliating contacts between the victims and the aggressor or his entourage do not in criminal procedures;
Amendment 1 #
2018/2043(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that Belgium argues that the redundancies are linked to major structural changes in world trade patterns due to globalisation, to worldwide competition in the construction and mining machinery sectors, and to the consequent decrease in the Caterpillar Group’s share in the machinery market; notes that the redundancies are related to the restructuring and cost-cutting global plan announced by Caterpillar in September 2015;
Amendment 3 #
2018/2043(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Is aware of the decrease in production of the mining sector in Europe and the dramatic decline in EU-28 exports in that sector since 2014, the increase in the European steel price and the high production costs for machines resulting therefrom, in particular compared to China; regrets, however, that the Caterpillar Group has decided to allocate the volumes produced in the Gosselies plant to other production units in France (Grenoble) and to other plants outside Europe, including China and South Korea; which resulted in an abruptly shut down of its Gosselies site and to make redundant 2 300 workers, plunging thousands of families into a social and human drama even though the Gosselies site was profitable, in particular following the investments made in previous years;
Amendment 4 #
2018/2043(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Deplores the fact that the brutal decision to close the Gosselies siteat the workers of the Gosselies site were informed of the closure of the site by a simple communiqué; deplores the fact that this brutal decision was not made in consultation with the local and regional authorities; deplores the total lack of information and respect for workers and union representatives, who received no information prior to the closure of the company; insists, therefore, on the importance of strengthening the supply of information to and consultation with workers in the Union;
Amendment 6 #
2018/2043(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that the application relates to 2 287 workers made redundant at Caterpillar and five suppliers, the majority of whom are between 30 and 54 years of age; points also to the fact that a significant percentagemore than 11% of the redundant workers are between 55 and 64 years of age with skills specific to the manufacturing sector or long-term unemployed; underlines that the job seekers in Charleroi are mostly low-skilled (50,6% do not have an upper secondary education) and 40% are long-term unemployed (more than 24 months); deplores the fact that, following these redundancies, the unemployment rate is expected to rise by 6,1% in the region of Hainaut, according to the Public Employment Service of Wallonia (FOREM); in light of this fact, acknowledges the importance of active labour market measures co-funded by the EGF for improving the chances of reintegration in the labour market of these groups;
Amendment 12 #
2018/2024(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the proposed reinforcements to Horizon 2020, the Connecting Europe Facility (CEF), Erasmus+ and programmes contributing to increase the security of EU citizens; points, however, to the need to further reinforce support for SMEs, which are key to enabling economic growth and job creation, and to dedicated appropriate resources to the digitalisation of the EU industry and the promotion of digital skills and digital entrepreneurship, as well as for programmes supportive to young people, namely ErasmusPro; recalls its conviction that the 2019 Erasmus+ budget needs to be at least doubled in 2019;
Amendment 20 #
2018/2024(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Commends the role of the European Fund for Strategic Investments (EFSI) in reducing the investment gap in the EU; reiterates its longstanding position that any new initiatives within the MFF must be financed by new appropriations and not to the detriment of the existing programmes; reiterates also that the cuts made to Horizon 2020 and CEF to finance the extension of EFSI should be reversed in the 2019 budgetits commitment to reinforce Horizon 2020 and CEF after the cuts made to the programs to finance the extension of EFSI;
Amendment 32 #
2018/2024(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Remains committed to the fight against unemployment and against youth unemployment in particular; believes in this respect that the YEI should be further strengthened, in spite of the complexities involved in reprogramming YEI and ESF programmes in case of modifications of the YEI envelope; stresses that the YEI funding should complement national and not to replace Member States' own policies and funding to fight youth unemployment; recalls that ECA Special Report No 5/2017 states that there is a risk that EU funding is replacing national funding in the sector rather than creating added value; calls for close monitoring of the performance and European added value of the YEI funding;
Amendment 33 #
2018/2024(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Remains committed to the fight against unemployment and against youth unemployment in particular; believes in this respect that the YEI should be further strengthened, in spite of the complexities involved in reprogramming YEI and ESF programmes in case of modifications of the YEI envelope; emphasises the fact that both vocational training and apprenticeship constitute efficient practices to tackle youth unemployment; recommends, therefore, the creation of a specific programme to encourage Europe’s most important investment for the future - our youth; stresses that the mobility through Erasmus Pro strongly stimulates benchmarking to implement the best practices;
Amendment 35 #
2018/2024(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that in 2019, cohesion policy programmes will be at cruising speed, and emphasises Parliament’s commitment to ensuring adequate appropriations for these programmes; welcomeregrets the fact that almost allsome of the managing authorities for the 2014-2020 programmes have still nowt been designated ; asks the Commission to analyse the reasons for the delays and, if it results from procedural difficulties, to review the whole designation procedure; points out that the unacceptable delays in the implementation of operational programmes have been to a large extent due to the late designation of those authorities; calls on the Member States to ensure that the implementation of the programmes is accelerated so as to catch up with the delays, and to seek the Commission’s assistance in this respect;
Amendment 38 #
2018/2024(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Takes note of reports on cohesion policy in the Union, that reoccuringly points out shortcomings in efficiency and results;
Amendment 39 #
2018/2024(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. CommendsTake notes of the fact that the Commission proposal would enable reaching the target of 20 % of the budget being dedicated to climate spending in 2019; regrets, however. that the Commission has not followed up on Parliament’s request regarding offsetting the lower allocations made during the first years of the MFF; considers this proposal to be insufficient since by allocating only 20% of the budget to climate protection in 2020, the target of 20% for the whole period 2014-2020 will not be achieved; regrets that the Commission has not been able to present draft budgets that are aligned with the commitments and targets set by the Union in this field; believes that more should be done through the development of an action plan within programmes with massive potential, as for example under Horizon 2020, CF, ESF , EAGF, EAFRD, EMFF or LIFE+;
Amendment 45 #
2018/2024(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. AgreBelieves that migrationensuring the security of its citizens and addressing the migration challenges remains a top Union priorityies in 2019; deems it crucial to maintain spending in thisese areas at a high and stable level;
Amendment 47 #
2018/2024(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Agrees that migration remains a top Union priority in 2019; deems it crucial to maintain spending in this area at a high and stable levellevel that is adequate to respond to the needs;
Amendment 58 #
2018/2024(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. DisapprovesTakes note of the Commission’s proposal for the funding of the second tranche of the Facility for Refugees in Turkey (FRT); supports the continuation of the FRT, but maintains that, as also proposed by the Commission on 14 March 20186 , the EU budget should contribute to its financing to the sum of EUR 1 billion, with Member States contributing EUR 2 billion by means of bilateral contributions, in order to leave sufficient margins under the MFF special instruments for unforeseen events in the last two years of the current MFF, as well as the financing of other priorities; also maintains that as the FRT has been a new initiative within this MFF, it should be funded by fresh appropriations; _________________ 6 OJ C 106, 21.3.2018, p. 4. OJ C 106, 21.3.2018, p. 4.
Amendment 64 #
2018/2024(BUD)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses that Erasmus+ remains the leading programme to foster youth mobility at all levels of education and vocational training and to encourage young people to take part in European democracy; recalls that administrative efforts need to be done to increase access to Erasmus+ and that the volume of eligible applications is by far exceeding the current budget ; believes, therefore, that the envelope of Erasmus+ should at least be doubled in 2019 to meet the eligible demand for this programme, notably that linked to lifelong learning;
Amendment 65 #
2018/2024(BUD)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17 b. Recalls the crucial role of SMEs as an important driver of EU’s employment, economic growth and competitiveness, and underscores that their adequate funding must remain one of the top priorities of the EU budget; reminds that the EU programme for the Competitiveness of Enterprises and Small and Medium-sized Enterprises (COSME)is a successful programme, which have far more applicants than recipients of funding; regrets, in this respect, that the proposed allocation in commitments for COSME is not higher than 2.3 % in comparison with the 2018 budget and that the proposed allocation in payments is 0.6% lower in comparison with the 2018budget; calls, therefore, for COSME appropriations and payments to be reinforce in 2019, given the success of this programme;
Amendment 68 #
2018/2024(BUD)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Welcomes the amount of EUR 500 million allocated to the EDIDP for the years 2019 and 2020; takes note that, according to the European Parliamentary Research Service estimates, the lack of cooperation between national industries in this field costs to the EU EUR 10 billion per year; considers that defence is a clear example of how a greater effectiveness could be achieved by transferring some competences and actions currently performed by the Member States and the corresponding appropriations to the EU; emphasises that this would result in the demonstration of the European added value and allow to limit the overall burden of public expenditure in the EU;
Amendment 70 #
2018/2024(BUD)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Welcomes the fact that the implementation of the 2014-2020 programmes is reaching full speed, and reiterates that any ‘abnormal’ buildup of unpaid bills must be avoided in the future; also welcomeregrets the fact that the great majoritysome of the national managing authorities have still nowt been designated ; asks the Commission to analyse the reasons for the delays and, if it results from procedural difficulties, to review the whole designation procedure; calls on the Commission and the Member States to resolve any outstanding issues in order for the implementation to proceed smoothly;
Amendment 72 #
2018/2024(BUD)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Underlines that in times of rapid technologic development – such as AI – the divide between fast developing regions and lagging ones, might widen if the impact of the structural funds are not enhanced by conditionalities of efficiency;
Amendment 73 #
2018/2024(BUD)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that some measures related to the Russian ban and included in the 2018 budget will not be extended (e.g. for fruit and vegetables where the market situation is still difficult), while market difficulties can still be found in the dairy sector; awaits the Commission’s letter of amendment, expected in October, which should be based on updated information on EAGF funding in order to verify the real needs in the agricultural sector; underlines that cases where market intervention is needed under the EAGF remain limited and represent only a relatively small part of the EAGF (around 5.9 %);
Amendment 76 #
2018/2024(BUD)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that a total of EUR 3 728.5 million in commitment appropriations is proposed for Heading 3, which represents a 6.7 % increase over 2018, and that the total for payment appropriations is EUR 3 486.4 million, i.e. a 17 % increase over last year’s proposals; underlines, however, that these increases follow years of declining funding levels and that overall funding for different key areas such as migration, border management or internal security still represents only 2.3 % of total proposed EU spending in 2019; questions the proposed EUR 281.2 million in commitments for supporting legal migration to the Union and promoting the effective integration of third-country nationals and enhancing fair and effective return strategies, which represents a 14.4 %decrease over 2018 ; calls on the Commission to provide further explanations as to the reasons for this cut;
Amendment 79 #
2018/2024(BUD)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Expects the pressure on some Member States’ migration and asylum systems, as well as on their borders, to remain high in 2019, and urges the Union to remain vigilant regarding any future, unpredictable needs in these areas; calls in this regard for a reinforcement of the means of control at the external borders and reaffirms that tackling the root causes of the migration and refugee crisis represents a long-term sustainable solution, along with stabilisation of the EU’s neighbourhoods, and that investments in the countries of origin of migrants and refugees are key to achieving this objective ;
Amendment 81 #
2018/2024(BUD)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Notes that the instrument allowing the provision of emergency humanitarian support within the Union will expire in March 2019; invites the Commission, against the backdrop of persisting humanitarian needs of refugees and asylum seekers in certain Member States, to assess whether a reactivation and replenishment of this instrument would be appropriate; highlights the need for greater solidarity towards those countries in which arrivals and asylum seekers are concentrated; underlines, in the meantime, the importance of the continued availability of funding through the emergency assistance mechanisms under the Asylum, Migration and Integration Fund (AMIF):
Amendment 83 #
2018/2024(BUD)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Takes note of the fact that, in its financial programming for the year 2019, the Commission grants EUR 175 million of financial aid for Greece: considers this aid appropriate in the light of the situation in that country and in any case does not relieve this aid in question; considers, however, that financial support should also be granted to Italy and questions the lack of such support in the Commission's programming; calls therefore on the Commission to state the reasons which led it to take such a decision; recalls that Italy is the only country where a majority of its population considers that they have not benefited from membership of the European Union;
Amendment 89 #
2018/2024(BUD)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Believes that in the context of a wide range of security concerns, including changing forms of radicalisation, violence and terrorism that surpass individual Member States’ capacity to respond, the EU budget should encourage cooperation on security-related matters; in this context, questions how this high-risk security context is reconcilable with the proposed significant decrease of commitment appropriations (-26,6 %) for the Internal Security Fund (ISF); regrets that the Commission has still not presented a proposal which would provide for the expression of financial solidarity at EU level to victims of acts of terrorism and their families; recalls the commitments made by the Commission in this respect during the conciliation on the 2018 budget and calls on the Commission to do the necessary to ensure that such aid is put in place rapidly;
Amendment 99 #
2018/2024(BUD)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Welcomes the increased support for regional actions in the Western Balkans; is, however, of the opinion that support for political reforms should be further stepped up; noteregrets the increased support for political reforms in Turkey (IPA II), which is to be primari and questions its alignment to the budgetary authority’s decision to reduce the appropriations on this line for the current budgetary year; reiterates its position in which it called for funds destined for the Turkish authorities under the IPAII to be made conditional on improvements in the field of human rights, democracy and the rule of law; calls for the appropriations on this line, pending such improvements and being aware of the limited space for manoeuvre, to be entirely redirected to civil society actors with a view to implementing measures supportive of the objectives relating to the rule of law, democracy, human rights and media freedoms; supports the overall downward trend for political reforms in the allocations for Turkey;
Amendment 100 #
2018/2024(BUD)
41 a. Reiterates its support for adequate financial means to the EU strategic communication, aimed at tackling disinformation campaigns and cyberattacks, as well as the promotion of an objective image of the union outside its borders;
Amendment 107 #
2018/2024(BUD)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Stresses the importance of pilot projects (PP) and preparatory actions (PA) as tools for the formulation of political priorities and the introduction of new initiatives that might turn into standing EU activities and programmes; intends to proceed with the identification of a balanced package of PP-PAs, reflecting the political priorities of Parliament; calls for and taking into account a proper and timely technical pre- assessment of its proposals submitted toby the Commission; notes that in the current proposal, the margin in some headings is limited, or even non-existent, and intends to explore ways to make room for possible PP-PAs without decreasing other political priorities;
Amendment 116 #
2018/2024(BUD)
Motion for a resolution
Paragraph 47
Paragraph 47
47. Reiterates its position that the 5 % staff reduction target has been successfully reached and underlines that in the light of the Court of Auditors’ rapid case review, there isis practice did not need to continue this policycessarily meet the expected results; believes that the decentralised agencies need to be assessed using a case-by-case approach; welcomes the endorsement by all institutions of the recommendations of the Interinstitutional Working Group;
Amendment 6 #
2018/2001(BUD)
Motion for a resolution
Recital F
Recital F
Amendment 19 #
2018/2001(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that savings, of at least EUR 17 million, compared to the proposal of the Secretary-General are required, but the priority is the efficient use of the budget, without undermining the core competences of the European Parliament;
Amendment 23 #
2018/2001(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes that, as was the case for budgets for previous years, it is proposed to set aside an amount for ‘extraordinary’ investment and expenditure, i.e. investment and expenditure that is unusual or atypical for Parliament and arises infrequently; notes that in 2019, those investments and expenditure amount to EUR 71,6 million, including EUR 37,3 million for the change of parliamentary term and EUR 34,3 million for other extraordinary expenditure; recalls that the distinction, made in the 2016 budget and included in the consecutive budgets, between ordinary and extraordinary expenditure was made solely in order to respond to the implementation of urgent measures concerning security buildings and cybersecurity following the terrorists attacks; considers that the excessive use of this distinction, i.e. the inclusion of other expenditure in extraordinary expenditure, gives an erroneous indication of the evolution of the budgetary margin and is therefore in contradiction with the principle of transparency of Parliament's expenditure;
Amendment 28 #
2018/2001(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the Committee on Constitutional Affairs confirmed with the vote in plenary in February 2018 an own- initiative report on Parliament’s composition, and notably the reduction to 705 Members after the withdrawal of the United Kingdom from the Union; notes that in the event that the United Kingdom is still a Member State at the beginning of the 2019-2024 parliamentary term, the number of Members shall be 751, until the withdrawal of the United Kingdom from the Union becomes legally effective; points out, however, that the procedure requires a unanimous decision by the European Council after having obtained the consent of Parliament; underlines that Parliament’s estimates, for the moment, reflect a status-quo situation with a Parliament composed of 751 Members from 28 Member States;that during an informal meeting of the 27 heads of state or government on 23 February 2018, President Tusk signalled a broad support for this proposal; believes, therefore, this outcome to be considered the most likely; for that reason, takes note with satisfaction of the adjustments proposed by the Secretary- General in his note to the members of the Bureau on March 6, 2018.
Amendment 45 #
2018/2001(BUD)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Welcomes the Memorandum of Understanding which entered into force in 2017 between the Belgian Government and the European Parliament, the Council, the Commission, the European External Action Service, and other institutions based in Brussels, on security clearance checks verifications for all external contractors’ staff wishing to access the Union institutions; reminds its call, in the 2018 Parliament’s estimates of revenue and expenditure, to the Secretary-General to consider the advisability of extending the application of this Memorandum of Understanding to officials, parliamentary assistants and trainees in order to allow the necessary security verifications before their recruitment; asks, therefore, the Secretary-General to inform the Committee on Budgets of the state of progress of this file;
Amendment 49 #
2018/2001(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. WelcomNotes the process of improving Members’ and staff working environments as decided by the Bureau in December 2017, which will continue in 2019 in order to provide flexible workspaces for Members to satisfy needs arising from changing working patterns, providing them with three offices in Brussels and two in Strasbourg after the 2019 elections; notes that costs for maintenance of Parliament’s buildings in 2019, including security and environmental requirements, should be taken into account and coordinated a; questions the very high costs of certain proposed developments, namely: the removal of the Library and related offices, the installation of the Atrium building visitors' seminar rooms, the refurbishment of the Members' restaurant (Spinelli building) and the refurbishment of the Churchill building's restaurant; calls on the Secretary-General to provide the Committee on Budgets with any information relating to these decisions before the Parliament's rearly as possibleding of the budget in autumn 2018; questions if it is not possible to postpone all or part of these projects;
Amendment 51 #
2018/2001(BUD)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Questions the EUR 1,58 million planned for studies on the renovation of the Spaak building knowing that EUR 14 million have already been budgeted in the budget 2018; calls on the Secretary- General to provide the Committee on Budgets with any information relating to this decision before the Parliament's reading of the budget in autumn 2018;
Amendment 64 #
2018/2001(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes in particular the ever- increasing quality of advice and research provided to Members and committees through the European Parliamentary Research Service (EPRS) and the policy departments; recalls, however, that a mid- term evaluation of the efficacy of the cooperation between the European Parliamentary Research Service (EPRS) and the policy departments was foreseen when creating the EPRS in 2013; requests once again the Secretary-General to proceed to undertake such an evaluation and present to the Committee on Budgets its results before the Parliament's reading of the budget in autumn 2018; welcomes the new and existing specific projects in the IT application, which will be implemented in full or in part in 2019: e- Parliament project, the Electronic Records Management System (ERMS) project, the Open Digital Library Program, the new project on research and development on machine learning with translation memories and the conference and event participants’ registration tool;
Amendment 69 #
2018/2001(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the abovementioned resolutions of 5 April 2017 on Parliament's estimates of revenue and expenditure for the financial year 201812 and of 25 October 2017 on the Council position on the draft general budget of the European Union for the financial year 201813 ; reiterates the appeal for transparency regarding the General Expenditure Allowance (GEA) for Members; calls on Parliament's Bureau to work on better guidance regarding the accountability of the expenditure authorised under this allowance, without generating additional costs or administrative burden to Parliament´s administration or to Members and their offices; __________________ 12 Texts adopted, P8_TA(2017)0114. 13 Texts adopted, P8_TA_PROV(2017)0408
Amendment 74 #
2018/2001(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the principle of the independence of the mandate; underlines that it is the responsibility of elected Members to use the expenditures for parliamentary activities and that it is possible for Members who wish to do so to publish their spending record of the GEA on their personal webpages; stresses the fact that the lump sum is widely used and recognised as the useful tool in Member Statesat a mixed system must be introduced where a part of the GEA remain as a lump sum and the rest would be paid out based on invoices or subject to an audit; reiterates that improved efficiency and transparency of the GEA does not mean to infringe upon the privacy and should not require additional staff in Parliament's administration;
Amendment 81 #
2018/2001(BUD)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Bureau to ensure that the social and pension rights of Members and of Accredited Parliamentary Assistants are respected and that adequate financial means are made available; in this regard, reiterates its call to find a workable solution for those APAs who, having worked for two parliamentary terms in the end of the current term, will not be entitled to access to the European pension rights scheme, when they will reach the pension age, since they will be lacking some time out of the ten years' service needed, due to early elections in 2014 and the delays in the validation of the APAs new contracts because of heavy workload during the periods after the elections of 2009 and 2014;
Amendment 86 #
2018/2001(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 99 #
2018/2001(BUD)
29 a. Considers that until the election recess, Parliament will face a unique situation resulting from the coincidence of the usual end of legislature rush with the complex package of legislative MFF proposals, the Brexit and the growing number of trilogues; considers that to enable Parliament and its Committees to perform the core-business it is vital to continue to ensure an adequate level of logistical and human resources;
Amendment 104 #
2018/2001(BUD)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Notes the on-going practice of using the year-end 'mopping up transfer' (ramassage) to contribute to current building projects; highlights, on the basis of the figures 2014, 2015, 2016 and 2017, that this year-end 'mopping up transfer' takes place systematically on the same chapters and title and, with a few exceptions, exactly on the same lines; wonders, therefore, whether there is a programmed overvaluation of these chapters and lines in order to generate funds for the financing of budgetary policy;
Amendment 105 #
2018/2001(BUD)
Motion for a resolution
Paragraph 30 b (new)
Paragraph 30 b (new)
30 b. Questions the necessity of having headsets and webcams installed in the offices in Brussels and Strasbourg for all parliamentary assistants, even though most of them have not even requested it; questions, therefore, the cost of such a decision and the reasons for taking it; calls on the Secretary-General to provide the Committee on Budgets with any information relating to this decision;
Amendment 106 #
2018/2001(BUD)
Motion for a resolution
Paragraph 30 c (new)
Paragraph 30 c (new)
30 c. Notes that the restrictions on the access to the Parliament's catering areas were lifted on January 1, 2017; accepts the practice that anyone working in Parliament's buildings or accessing its premises for an interinstitutional meeting to have lunch in the canteens and restaurants of the Parliament; notes, however, that access to ASP self-service in Brussels and LOW self-service in Strasbourg has become very complicated due to the daily presence of groups of visitors; calls, therefore, for controls to be re-established rapidly at the entrance of these two self-services, not for members and staff of other institutions, but in order to systematically reorient these groups towards the restauration areas reserved for them;
Amendment 46 #
2018/0331(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) This Regulation aims at ensuring the smooth functioning of the digital single market in an open and democratic society, by preventing the misuse of hosting services for terrorist purposes. The functioning of the digital single market should be improved by reinforcing legal certainty for hosting service providers, reinforcing users’ trust in the online environment, and by strengthening safeguards to fundamental rights, including the freedom of expression and information.
Amendment 83 #
2018/0331(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7 a) This Regulation should not have the effect of modifying the obligation for Member States to respect fundamental rights and fundamental legal principles as enshrined in Article 6 of the Treaty on the European Union and Article 11 of the Charter of Fundamental Rights, nor the applicable rules on the processing of personal data, such as Regulation 2016/679 and Directive 2016/680.
Amendment 86 #
2018/0331(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The right to an effective remedy is enshrined in Article 19 TEU and Article 47 of the Charter of Fundamental Rights of the European Union. Each natural or legal person has the right to an effective judicial remedy before the competent national court against any of the measures taken pursuant to this Regulation, which can adversely affect the rights of that person. The right includes, in particular the possibility for hosting service providers and content providers to effectively contest the removal orders before the court of the Member State whose authorities issued the removal order. That right can be exercised before the court of the Member State where the hosting service provider has its main establishment or where the legal representative designated by the hosting provider pursuant to Article 16 resides or is established.
Amendment 184 #
2018/0331(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) This Regulation does not affect the procedural guarantees and procedural investigation measures related to the access to content and related data preserved for the purposes of the investigation and prosecution of terrorist offences, as regulated under the national law of the Member States, and under Union legislation. Access to such content and data must be subject to a review by a court or independent administrative body, except in urgent cases.
Amendment 208 #
2018/0331(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) In order to ensure the effective and sufficiently coherent implementation of proactive measures, competent authorities in Member States should liaise and cooperate with each other with regard to the discussions they have with hosting service providers as to the identification, implementation and assessment of specific proactive measures. Similarly, such cooperation is also needed in relation to the adoption of rules on penalties, as well as the implementation and the enforcement of penalties.
Amendment 402 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) a detailed statement of reasons explaining why the content is considered terrorist content, at least, by reference to the categories of terrorist content listed in Article 2(5);
Amendment 422 #
2018/0331(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Upon request by the hosting service provider, the competent authority shall provide detailed information about the possible legal ways to contest the removal order in accordance with the national judicial proceedings. This request does not forfeit the obligation of the hosting service provider to comply with the removal order in the terms set out in this Article.
Amendment 527 #
2018/0331(COD)
(a) proceedings of administrative or judicial review and remedy,
Amendment 553 #
2018/0331(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Hosting service providers which are or have been subject to referral or a removal order shall publish an annual transparency reports on action taken against the dissemination of terrorist content.
Amendment 598 #
2018/0331(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
Amendment 605 #
2018/0331(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Upon request of the content provider, the hosting service provider shall inform the content provider about the reasons for the removal or disabling of access and possibilities to contest the decision, and a copy of the removal order issued according to Article 4.
Amendment 679 #
2018/0331(COD)
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Right to an effective judicial remedy 1. Without prejudice to any other administrative or non-judicial remedy, each natural or legal person shall have the right to an effective judicial remedy against a legally binding decision of a competent authority. 2. Proceedings against a competent authority shall be brought before the courts of the Member State where the hosting service provider has its main establishment or where, pursuant to Article 16, the legal representative designated resides or is established, without prejudice of the jurisdiction rules defined in Article 15. 3. Competent authorities must comply with the relevant European and national legislation when carrying out the duties described in Article 4, 5 and 6 of this Regulation. 4. If the judicial authority deems that the competent authority does not comply with the relevant legal framework, the competent authority shall ensure without undue delay the restitution of the content targeted by the removal order or referral.
Amendment 730 #
2018/0331(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
No sooner than [three years from the date of application of this Regulation], the Commission shall carry out an evaluation of this Regulation and submit a report to the European Parliament and to the Council on the application of this Regulation including the functioning of the effectiveness of the safeguard mechanisms and the impact on Fundamental Rights, including freedom of expression and freedom to receive and impart information. Where appropriate, the report shall be accompanied by legislative proposals. Member States shall provide the Commission with the information necessary for the preparation of the report.
Amendment 22 #
2018/0254(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Fund would contribute to the establishment of a strong, competitive and innovative defence industrial and technological base and go hand in hand with the Union's initiatives towards a more integrated European Defence Market and in particular, the two Directives6 on procurement and on EU transfers in the defence sector adopted in 2009. The fund will form a cornerstone of a sound European defence industrial policy. _________________ 6 Directive 2009/43/EC of the European Parliament and of the Council, simplifying terms and conditions of transfers of defence-related products within the Community, OJ L 146, 10.6.2009, p. 1; Directive 2009/81/EC of the European Parliament and of the Council on the coordination of procedures for the award of certain works contracts, supply contracts and service contracts by contracting authorities or entities in the fields of defence and security, OJ L 216, 20.8.2009, p. 76.
Amendment 26 #
2018/0254(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The Fund should provide adequate support for research and development actions in the area of disruptive technologies for defence;
Amendment 33 #
2018/0254(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Actions with the participation of cross-border SMEs support the opening up of the supply chains and contribute to the objectives of the Fund. Such actions should therefore be eligible for an increased funding rate which should benefit all entities participating in the consortium.
Amendment 35 #
2018/0254(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The promotion of innovation and technological development in the Union defence industry should take place in a manner coherent with the security and defence interests of the Union. Accordingly, the action's contribution to those interests and to the defence research and capability priorities commonly agreed by Member States should serve as an award criterion. Within the Union, common defence research and capability shortfalls are identified in the Common Security and Defence Policy (CSDP) framework notably through Overarching Strategic Research Agenda and the Capability Development Plan. Other Union processes such as the Coordinated Annual Review on Defence and the Permanent Structured Cooperation will support the implementation of relevant priorities through identifying and taking forward opportunities for enhanced cooperation with a view to fulfilling the EU level of ambition on security and defence. Where appropriate, regional and international priorities, including those in the North Atlantic Treaty Organisation context, mayshould also be taken into account if they are in line with Union priorities and do not prevent any Member State or an associated country from participating, while also taking into account that unnecessary duplication should be avoided.
Amendment 43 #
2018/0254(COD)
Proposal for a regulation
Recital 46 a (new)
Recital 46 a (new)
(46a) The Commission should establish and maintain a standing stakeholder conference on the development of a common European armaments and capability policy. Twice a year this conference should be an open forum for an exchange between all defence stakeholders where the European armaments and capability policy stands and how it could develop in the future.
Amendment 46 #
2018/0254(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) support collaborative development projects of defence products and technologies consistent with defence capability priorities commonly agreed by Member States within the framework of the Common Foreign and Security Policy, thus contributing to greater efficiency of defence spending within the Union, achieving greater economies of scale, reducing the risk of unnecessary duplication and as such reducing the fragmentation of defence products and technologies throughout the Union. Ultimately, the Fund will lead to greater interoperability between Member States' capabilities and to the effective implementation of a sound European defence industrial policy.
Amendment 83 #
2018/0254(COD)
2. The Commission shall implement information and communication actions relating to the Fund, and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication of the political priorities of the Union, as far as they are related to the objectives referred to in Article 3, and set- up and maintain a standing stakeholder conference on the development of a common European armaments and capability policy.
Amendment 74 #
2018/0250(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) EnsuringWhile internal security, which is a competence of the Member States, guaranteeing it requires cooperation and coordination at Union level. This 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 tackling terrorism and preventing radicalisation, disrupting organised crime and fighting cybercrime. __________________ 10 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 78 #
2018/0250(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In the Rome Declaration signed on 25 SeptemberMarch 2017, leaders of 27 Member States affirmed their determination to a safe and secure Europe and to build a Union where all citizens feel safe and can move freely, where the external borders are secured, with an efficient, responsible and sustainable migration policy, respecting international norms, as well as a Europe determined to fight terrorism and organised crime.
Amendment 84 #
2018/0250(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) To achieve this objective, actions should be taken at Union level to protect people, critical infrastructure and goods from increasingly transnational threats and to support the work carried out by Member States’ competent authorities. Terrorism, serious and organised crime, itinerant crime, drug trafficking, corruption, cybercrime, trafficking in human beings and armincluding that of arms and drugs, corruption, money laundering, cybercrime, trafficking in human beings, sexual exploitation, including that of children, and hybrid threats as well as chemical, biological, radiological and nuclear threats, among others, continue to challenge the internal security of the Union.
Amendment 88 #
2018/0250(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action by Member States alone. In- line with Articles 84 and 87(2) of the TFEU, funding should support measures to promote and support the action of Member States in the field of crime prevention and police, joint training and police and judicial cooperation involving all the Member States’ competent authorities and Union agencies concerning especially information exchange, increased operational cooperation and supporting efforts to strengthen capabilities to combat and to prevent crime. The Fund should not support operating costs and activities related to the essential functions of the Member States concerning the maintenance of law and order and the safeguarding of internal and national security as referred to in Article 72 of the TFEU.
Amendment 89 #
2018/0250(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To preserve the Schengen acquis and to strengthen its functioning, Member States have, since 6 April 2017, been obliged to carry out systematic checks against relevant databases on EU citizens who are crossing the EU’s external borders. Furthermore, the Commission issued a Recommendation to Member States to make better use of police checks and cross-border cooperation. Solidarity among Member States, clarity about the division of tasks, respect for fundamental rights and freedoms and the rule of law, a strong attention to the global perspective and the necessary coherence with the external dimension of security should be key principles guiding the Union and Member States’ action towards the development of an effective and genuine security union.
Amendment 92 #
2018/0250(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Solidarity and cooperation among Member States, a clear division of tasks, respect for fundamental rights and freedoms and the rule of law, focused attention on the global perspective and the necessary coherence with the external dimension of security should be the key principles guiding the Union and the Member States towards the creation of a genuine, effective security union.
Amendment 94 #
2018/0250(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should be implemented in full compliance with the values of the Union as set out in Article 2 of the Treaty on European Union (TEU), 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.
Amendment 97 #
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 radicalisation, serious and organised crime and cybercrime and assisting and protecting victims of crime and protecting critical infrastructure. The Fund will ensure that the Union and its Member States are well equipped also to address evolving and emergnew threats such as online trafficking and hybrid threats, chemical, biological, radiological and nuclear threats, and evolving 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 100 #
2018/0250(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Within the comprehensive framework of the Fund, the financial assistance provided through the Fund should in particular support information exchange and access to information as well as police and judicial cooperation and prevention in the fields of serious and organised crime, illicit arms trafficking, corruption, money laundering, drug trafficking, environmental crime, exchange of and access to information, terrorism, trafficking in human beings, exploitation of illegal immigration, child sexual exploitation, distribution of child abuse images and child pornography, and cybercrime. The Fund should also support the protection of people, public spaces and critical infrastructure against security- related incidents and the effective management of security-related risks and crises, including through joint training, the development of common policies (strategies, policy cycles, programmes and action plans), legislation and practical cooperation. The Fund should build on the results and investments of its predecessors:
Amendment 108 #
2018/0250(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Within the comprehensive framework of the Union’s anti-drugs strategy, which advocates a balanced approach based on a simultaneous reduction in supply and demand, the financial assistance provided under this Fund should support all actions aimed at preventing and combating trafficking in drugs (supply and demand reduction), and in particular measures targeting the production, manufacture, extraction, sale, transport, importation and, exportation and consumption of illegal drugs, including possession and purchase with a view to engaging in drug trafficking activities. The Fund should in particular cover the sensitisation and prevention aspects of the drugs policy. To bring further synergies and clarity in the drugs-related area, these elements of drugs-related objectives — which in 2014-2020 were covered by the Justice programme — should be incorporated into the Fund.
Amendment 110 #
2018/0250(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) With a view to ensuring that the Fund makes an effective contribution to a higher level of internal security throughout the European Union, to the development of a genuine security union, it should be used in a way that adds most European value to the action of the Member States.
Amendment 111 #
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 addresscontribute to achieving the specific objectives of the Fund, that the priorities chosen are in-line with the implementing measures as set out in Annex II and that the allocation of resources between objectives is proportional to the challenges and requirements and ensures that the overall policy objective can be met.
Amendment 114 #
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, victim protection and the prevention of radicalisation. Effective coordination mechanisms are essential to maximise the effective achievement of policy objectives, exploit economies of scale and avoid overlaps between actions.
Amendment 118 #
2018/0250(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Measures in and in relation to third countries supported through the Fund should be implemented in full synergy and coherence with and should complement other actions outside the Union supported through the Union’s external financing instruments. In particular, in implementing such actions, full coherence should be sought with the principles and general objectives of the Union’s external action and foreign, the Union’s foreign policy and development aid policy related to the country or region in question. In relation to the external dimension, the Fund should enhance cooperation with third countries in areas of interest to the Union’s internal security, such as countering terrorism and radicalisation, cooperation with third country law enforcement authorities in the fight against terrorism (including detachments and joint investigation teams), trafficking, in particular of arms, drugs, endangered species and cultural goods, serious and organised crime and corruption, trafficking in human beings and migrant smuggling.
Amendment 121 #
2018/0250(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) A Member State may be deemed not to be compliant with the relevant Union acquis as regards the use of operating support under this Fund if it has failed to fulfil its obligations under the Treaties in the area, of security if there is a clear risk of a serious breach by the Member State of the Union’s values when implementing the acquis on security or if an evaluation report under the Schengen evaluation and monitoring mechanism identified deficiencies in the relevant area.
Amendment 122 #
2018/0250(COD)
Proposal for a regulation
Recital 23 a (new)
Recital 23 a (new)
Amendment 123 #
2018/0250(COD)
Proposal for a regulation
Recital 26 a (new)
Recital 26 a (new)
(26a) The critical infrastructure which the Member States must protect should be taken into account when the available resources are distributed.
Amendment 125 #
2018/0250(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should be encouraged to use part of their programme allocation to fund actions listed in Annex IV benefiting from a higher Union contribution, primarily because of their significant European added value or their high importance for the Union.
Amendment 126 #
2018/0250(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) To complement the implementation of its policy objective at national level through Member States’ programmes, the Fund should also provide support for actions at Union level. Such actions should serve overall strategic purposes within the scope of intervention of the Fund relating to policy analysis and innovation, transnational mutual learning and partnerships and the testing of new initiatives and actions across the Union. or among certain Member States. In this regard, Member States’ intelligence services should be approached to ensure a more effective fight against terrorism and serious and organised crime and to understand their cross-border nature; this will encourage their cooperation. The Fund should support Member States’ efforts to exchange best practice and to promote joint training in order to help develop a culture of cooperation and mutual trust between intelligence services.
Amendment 127 #
2018/0250(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In order to ensure the necessary flexibility of action and respond to emerging needs, it should be made possible for decentralised agencies to be provided with the appropriate additional financial means to carry out certain emergency tasks. In instances where the task to be undertaken is of such urgent nature that an amendment of their budgets could not be finalised in time, decentralised agencies should be eligible as beneficiaries of emergency assistance, including in the form of grants, consistent with priorities and initiatives identified at Union level by the EU institutions. In order to contribute to action taken transnationally and to European added value, decentralised agencies should also be eligible as beneficiaries of resources available under Union action.
Amendment 131 #
2018/0250(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Regulation (EU) No X [CPR] establishes the framework for action by the European Regional Development Fund (ERDF), the European Social Fund Plus (ESF+), the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and MiIntegration Fund (AMIF), Internal Security Fund (ISF) and the instrument for border management and visa (BMVI), as a part of the Integrated Border Management Fund (IBMF), and it lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for EU funds implemented under shared management. Additionally it is necessary to specify the objectives of the Internal Security Fund in this Regulation, and to lay down specific provisions concerning the activities that may be financed with the support of this Fund.
Amendment 132 #
2018/0250(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council19, Council Regulation (Euratom, EC) No 2988/9520, Council Regulation (Euratom, EC) No 2185/9621 and Council Regulation (EU) 2017/193922, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrate investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Council Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council23. In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF, the EPPO and the European Court of Auditors (ECA) and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States must cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. __________________ 19 Regulation (EU, Euratom ) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248 18.9.2013, p. 1). 20 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.95, p. 1). 21 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 22 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 23 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 149 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘exchange of and access to information’ means the secure collection, storage, processing, analysis and exchange of information relevant to the authorities referred to in Article 87 TFEU as well as to Europol and Eurojust in relation to the prevention, detection, investigation, and prosecution of criminal offences, in particular cross- border organised crime;
Amendment 152 #
2018/0250(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘police cooperation’ means the specific measures and types of cooperation involving all the Member States’ competent authorities as referred to in Article 87 TFEU.
Amendment 158 #
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 by reinforcing cooperation, among other things, in particular by tackling terrorism and radicalisation, serious and organised crime and cybercrime and by assisting and protecting victims of crime.
Amendment 161 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
(a) to increase the exchange of information among and within the UnionMember States’ law enforcement, judicial and other competent authorities and other relevant Union bodiesMember State and Union bodies, in particular Europol and Eurojust, as well as with third countries and international organisations;
Amendment 163 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) to intensify coordination and cooperation, including cross-border joint operations among and within the UnionMember States’ law enforcement and other competent authorities in relation to terrorism and serious and organised crime with a cross-border dimension; and
Amendment 168 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
(c) to support effort at strengthening theMember States’ capabilities in relation to combatting and preventing crime including terrorism and cybercrime, in particular through increased cooperation between public authorities, the Union agencies concerned, civil society and private partners across the Member States.
Amendment 169 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c a (new)
Article 3 – paragraph 2 – point c a (new)
(ca) to develop a common intelligence culture by supporting mutual contacts and trust, understanding and learning, sharing know-how and best practice among Member States’ intelligence services, particularly through joint training courses and exchanges of experts between Member States.
Amendment 171 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that the allocation of the resources allocated to them for the various objectives of the fund is proportional to the challenges and needs in order to ensure that the objectives can be achieved.
Amendment 175 #
2018/0250(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Actions funded shall be implemented in full respect for the values set out in Article 2 of the Treaty on European Union (TEU), fundamental rights and human dignity. In particular, actions shall comply with 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 192 #
2018/0250(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third country listed in the work programme under the conditions specified therein and on condition that the third country complies with the requirements concerning compliance with fundamental rights as set out in Article 3(4) of this regulation.
Amendment 199 #
2018/0250(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Legal entities established in a third country are exceptionally eligibleauthorised by the Commission to participate where this is necessary for the achievement of the objectives of a given action.
Amendment 203 #
2018/0250(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on bringing European added value to the objectives of this Regulation.
Amendment 204 #
2018/0250(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments, in particular action taken under other Union funds.
Amendment 212 #
2018/0250(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Funding from the thematic facility shall address priorities with a high added value to the Union or to be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II. The allocation of resources from the thematic facility among the various priorities must as far as possible be proportional to the challenges and needs in order to ensure that the objectives of the Fund can be achieved.
Amendment 224 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall ensure that their programmes include actions addressing all the specific objectives of the Fund referred to in Article 3(2) and that the allocation of resources among the objectives is proportionate to the challenges and needs and ensures that the objectives can be met. Member States shall allocate a minimum of 20% of the resources allocated to their programmes to each of the specific objectives mentioned in Article 3(2a), (2b) and (2c). Member States shall allocate a minimum of 5% of the resources allocated to their programmes to the specific objective mentioned in Article 3(2c).
Amendment 225 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States wishing to deviate from the provisions of paragraph 1(a) of this article shall inform the Commission accordingly and shall assess, together with the Commission, whether these minimum percentages should be amended because of particular circumstances affecting internal security. Any such amendments must be approved by the Commission.
Amendment 226 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 1 c (new)
Article 12 – paragraph 1 c (new)
1c. When evaluating Member State programmes, the Commission shall ensure that the action envisaged is not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.
Amendment 231 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission shall ensure that the Union Agency for Law Enforcement Cooperation (Europol), the European Union Agency for Law Enforcement Training (CEPOL) and the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA) are associated to the development of the programmes at an early stagefrom the start to the process of developing the programmes, as regards the areas of their competence. Specifically, Member Statesthe Commission shall consult Europol on the design of their actionsraft programmes, in particular when including EU policy cycle or EMPACT actions or actions coordinated by the Joint Cybercrime Action Taskforce (J-CAT) in their programmes. Prior to including training in their programmes, Member States shall coordinate with CEPOL in order to avoid overlaps.
Amendment 237 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. A maximum of 15 % of the allocation of a Member State programme may be used for the purchase of equipment, means of transport or the construction of security-relevant facilities. This ceiling may be exceeded only in duly justified cases and after approval by the Commission.
Amendment 241 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 5 – point a
Article 12 – paragraph 5 – point a
(a) Union priorities and acquis in the area of security, in particular information exchangecoordination and cooperation between law enforcement authorities as well as information exchange, quality of data, efficiency, supply of data and interoperability of IT systems;
Amendment 244 #
2018/0250(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Whenever a Member State decides to implement projects with or in a third country, with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the projectrequest the approval of the Commission prior to the start of the project. Before giving its approval, the Commission shall ensure the complementarity and coherence of the planned projects with other Union and Member State actions taken vis-à-vis the third country concerned. The Commission shall also verify the conformity of the planned projects with the requirements concerning fundamental rights set out in Article 3(4).
Amendment 248 #
2018/0250(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Specific actions are transnational or national projects delivering added value for the EU and in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes. Specific actions shall target in particular the strengthening of coordination and cooperation among Member States’ law enforcement authorities on the one hand and with the Union agencies concerned on the other.
Amendment 249 #
2018/0250(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Member States may, in addition to their allocation calculated in accordance with Article 10(1), receive funding for specific actions, provided that it is earmarked as such in the programme and is used to contribute to the implementation of the objectives of this Regulation, including covering newly emerging threats, in particular online trafficking and hybrid, chemical, biological, radiological and nuclear threats.
Amendment 251 #
2018/0250(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Amendment 253 #
2018/0250(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Decentralised bodies can also be eligible for financing available under Union actions to support transnational actions which deliver European added value.
Amendment 259 #
2018/0250(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. The recipient of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results by providing coherent, effective and proportionate targeted information to multiple audiences, including media and the public, in the language concerned. To this end, recipients shall ensure that all communications to the media and the public mention explicitly the Union’s financial support and display the Union emblem prominently.
Amendment 262 #
2018/0250(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. The Commission shall, for the benefit of the public, implement information and communication actions relating to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute in particular to the corporate communication of the political priorities of the Union, as far as they are related to the objectives of this Regulation.
Amendment 274 #
2018/0250(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process in accordance with the timeline set out Article 40 of Regulation (EU) No [CPR]. These evaluations shall be submitted to the European Parliament forthwith.
Amendment 277 #
2018/0250(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point c
Article 26 – paragraph 2 – point c
(c) the complementarity and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;
Amendment 279 #
2018/0250(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point d a (new)
Article 26 – paragraph 2 – point d a (new)
(da) fulfilment of the fundamental rights requirements;
Amendment 292 #
2018/0250(COD)
Proposal for a regulation
Annex II – paragraph 3 a (new)
Annex II – paragraph 3 a (new)
The Fund shall contribute to the specific objective set out in Article 3(2)(c), by focusing on the following implementation measures: (a) improving cooperation and coordination among the Member States’ intelligence services; (b) contacts, networking, mutual confidence, understanding and learning, identification, exchange and dissemination of know-how, experience and best practice, with particular regard to support for police enquiries and threat assessment; (c) exchange, training and education of staff and experts.
Amendment 294 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 1
Annex III – indent 1
— IT systems and networks contributing to the achievement of the objectives of this Regulation, training on the use of such systems, testing and improving interoperability and input of data into databases and the data quality of such systems;
Amendment 299 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 3 a (new)
Annex III – indent 3 a (new)
– Support for decentralised agencies to facilitate cooperation in cross-border operations.
Amendment 300 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 4
Annex III – indent 4
– actions supporting an effective and coordinated response to crisis linking up existing sector-specific capabilities, expertise centres and situation awareness centres, including those for health, civil protection and, terrorism and cybercrime;
Amendment 302 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 5 a (new)
Annex III – indent 5 a (new)
– actions to boost research and the exchange of expertise on resisting new threats, including online trafficking and hybrid, chemical, biological, radiological and nuclear threats;
Amendment 304 #
2018/0250(COD)
Proposal for a regulation
Annex III – indent 6 a (new)
Annex III – indent 6 a (new)
– support for initiatives to network Member States’ intelligence services in order to promote a common intelligence culture and boost mutual trust, the exchange and spread of know-how, information, experience and good practice,
Amendment 311 #
2018/0250(COD)
Proposal for a regulation
Annex IV – title
Annex IV – title
Actions eligible for higher co-financing in- line with Articles 11(23) and 12(67)
Amendment 318 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2
Annex IV – indent 2
– Projects which aim at improving police and judicial cooperation and the interoperability of IT systems and communication networks41. __________________ 41 In line with the Commission Communication on stronger and smarter information systems for borders and security COM(2016) 205.
Amendment 320 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 a (new)
Annex IV – indent 2 a (new)
– Projects which aim at implementing the specific objective set out in Article 3(2c(a)).
Amendment 321 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 b (new)
Annex IV – indent 2 b (new)
– Project which aim at combating child sexual exploitation, particularly on line.
Amendment 322 #
2018/0250(COD)
Proposal for a regulation
Annex IV – indent 2 c (new)
Annex IV – indent 2 c (new)
- Projects which aim to fight online trafficking.
Amendment 324 #
2018/0250(COD)
Proposal for a regulation
Annex V – part 2 – point 3 – paragraph 1
Annex V – part 2 – point 3 – paragraph 1
Value of illicit drug seizures achieved with involvement ofseizures of illicit drugs, arms, products which are the result of wildlife trafficking and trafficking of cultural goods achieved with cross-border cooperation between law enforcement agencies.
Amendment 327 #
2018/0250(COD)
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 a (new)
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 a (new)
12a Trafficking of cultural objects
Amendment 328 #
2018/0250(COD)
Proposal for a regulation
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 b (new)
Annex VI – table 1 – Codes for the Intervention Field Dimension – row 12 b (new)
12b Trafficking of endangered species
Amendment 332 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 1 – point 1 – paragraph 1 – point a
Annex VIII – part 1 – point 1 – paragraph 1 – point a
(a) number of alerts signalled to, and searches performed in, the Schengen Information System (SIS);
Amendment 338 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 2 – point 4 – paragraph 1
Annex VIII – part 2 – point 4 – paragraph 1
Value of illicit drug seizures achieved with involvement ofseizures of illicit drugs, arms, products which are the result of wildlife trafficking and trafficking of cultural goods achieved with cross-border cooperation between law enforcement agencies.
Amendment 339 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 2 – point 4 – paragraph 2
Annex VIII – part 2 – point 4 – paragraph 2
data source: Europol, Member States, Union action grant beneficiaries
Amendment 340 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 – point 1 – paragraph 2
Annex VIII – part 3 – point 1 – paragraph 2
data source: Member States, Europol, Enisa
Amendment 348 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 – point 5 – paragraph 2
Annex VIII – part 3 – point 5 – paragraph 2
data source: RSR, Member States
Amendment 350 #
2018/0250(COD)
Proposal for a regulation
Annex VIII – part 3 a (new)
Annex VIII – part 3 a (new)
Specific objective 3a: to develop a common intelligence culture (1) Number of exchanges set up between Member States in the field of intelligence. (2) Number of experts and law enforcement officials that completed training, exercises, mutual learning or specialised exchange programmes on cross-border related topics provided with the support of the Fund. Data source: Member States
Amendment 159 #
2018/0248(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing the Asylum, Migration and MiIntegration Fund
Amendment 161 #
2018/0248(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 78(2) and, Article 79(2) and (4) and Article 80 thereof,
Amendment 166 #
2018/0248(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the context of the evolving migratory challenges characterised by the need to support strong reception, asylum, integration and migration systems of Member States, prevent and adequately handle in solidarity situations of pressure and replace irregular and unsafe arrivals with legal and safe pathways, investing in efficient and coordinated migration management in the Union is key to realising the Union’s objective of constituting an area of freedom, security and justice pursuant to Article 67(2) of the Treaty on the Functioning of the European Union.
Amendment 168 #
2018/0248(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The importance of a coordinated approach by the Union and the Member States is reflected in the European Agenda on Migration of May 2015, which stressed the need for a consistent and clear common policy to restore confidence in the Union’s ability to bring together European and national efforts to address migration and work together in an effective way, in accordance with the principles of solidarity and fair sharing of responsibility between the Member States established in Article 80 of the Treaty on the Functioning of the European Union, and was confirmed in its mid-term review of September 2017 and the progress report of March and May 2018.
Amendment 170 #
2018/0248(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its conclusions of 19 October 2017, the European Council reaffirmed the need to pursue a comprehensive, pragmatic and resolute approach to migration management that aims to restore control of external borders and reduce irregular arrivals and the number of deaths at sea, and should be based on a flexible and coordinated use of all available Union and Member State instruments. The European Council further called to ensure significantly enhanced returns through actions at both EU and Member States level, such as effective readmission agreements and arrangements. The European Council called moreover for voluntary resettlement programmes to be implemented and developed.
Amendment 180 #
2018/0248(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Fund should help Member States demonstrate their solidarity with one another and support the efficient management of migration flows, inter alia by promoting common measures in the area of asylum, including Member States’ efforts in receiving persons in need of international protection through resettlement and the transfer of applicants for or beneficiaries of international protection between Member States, supporting integration strategies and a more effective legal migration policy, so as to ensure the Union’s long-term competitiveness and the future of its social model and reduce incentives for irregular migration through a sustainable return and readmission policy. The Fund should support the strengthening of cooperation with third countries to build up their reception capacity and reinforce management of flows of persons applying for asylum or other forms of international protection, avenues on legal migration and to counter irregular migration and ensure sustainability of return and effective readmission to third countries. and reintegration to third countries with full respect for returnees' fundamental rights and dignity.
Amendment 186 #
2018/0248(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The migration crisis highlighted the need to reform the Common European Asylum System in order to develop legal routes, to ensure that efficient asylum procedures to prevent secondary movements, to provide uniform and appropriate reception conditions for applicants for international protection, uniform standards for the granting of international protection and appropriate rights and benefits for beneficiaries of international protection. At the same time, the reform was needed to put in place a fairer and more effective system of determining Member States’ responsibility for applicants for international protection as well as a Union framework for Member States’ resettlement efforts. Therefore, it is appropriate for the Fund to provide increased support to Member States’ efforts to fully and properly implement the reformed Common European Asylum System.
Amendment 190 #
2018/0248(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The Fund should also complement and reinforce the activities undertaken by the European Union Agency for Asylum (EUAA) established by Regulation (EU)../.. [EUAA Regulation]14 with a view to facilitating and improving the functioning of the common European asylum system, by coordinating and strengthening practical cooperation and information exchange between Member States, promoting Union law and operational standards on asylum in order to ensure a high degree of uniformity based on high protection standards as regards procedures for international protection, reception conditions and the assessment of protection needs across the Union, enabling a sustainable and fair distribution of applications for international protection among the Member States, facilitate convergence in the assessment of applications for international protection across the Union, support the resettlement efforts of the Member States and provide operational and technical assistance to Member States for the management of their asylum and reception systems, in particular those whose systems are subject to disproportionate pressure. _________________ 14 Regulation (EU) No ../.. of the European Parliament and of the Council of [EUAA Regulation] (OJ L …, [date], p. ..).
Amendment 197 #
2018/0248(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Partnerships and cooperation with third countries are an essential component of Union asylum policy to ensure the adequate management of flows of persons applying for asylum or other forms of international protection. With the aim of replacing the unsafe and irregular arrivals with legal and safe arrival to the territory of the Member States of third-country nationals or stateless persons in need of international protection, expressing solidarity with countries in regions to which or within which a large number of persons in need of international protection have been displaced by helping to alleviate the pressure on those countries, helping achieve the Union’s migration policy objectives by increasing the Union’s leverage vis-à-vis third countries, and of effectively contributing in an ambitious and effective manner to global resettlement initiatives by speaking with one voice in international fora and with third countries, the Fund should provide financial incentives to the implementation of the Union Resettlement [and Humanitarian Admission] Framework.
Amendment 204 #
2018/0248(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In this context, the authorities of the Member States responsible for the implementation of the Fund should be required to cooperate and establish coordination mechanisms with the authorities identified by Member States for the purpose of the management of the interventions of the ESF+ and of the ERDF and wherever necessary with their managing authorities and with the managing authorities of other Union funds contributing to the integration of third- country nationals. The Commission should be able to assess where these different funds connect and ascertain in particular how coherent and complementary these connections are.
Amendment 215 #
2018/0248(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The thematic facility should in particular support actions promoting the integration of third country nationals, efforts on solidarity and sharing of responsibility between Member States and resettlement efforts under Regulation xxx/xxx (Union resettlement framework). To this end, a significant portion of the thematic facility should be earmarked for these three kinds of actions.
Amendment 247 #
2018/0248(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) The Fund should support in particular measures relating to the special needs of vulnerable asylum seekers and especially unaccompanied minors.
Amendment 251 #
2018/0248(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Synergies, consistency, complementarity and efficiency should be sought with other Union funds and any overlap or contradiction between actions should be avoided.
Amendment 253 #
2018/0248(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) MThe Fund should prioritise financing for actions within the Union itself. The Fund may finance measures in and in relation to third countries supported through the Fund shouldinsofar as they complement other actions outside the Union supported through the Union’'s external financing instruments and provided that they do not receive a disproportionate share of the resources available. In particular, in implementing such actions, full coherence and complementarity should be sought with the principles and general objectives of the Union’s development aid policy, external action and foreign policy in respect of the country or region in question and the Union international commitments. In relation to the external dimension, the Fund should target support to enhance cooperation with third countries and to reinforce key aspects of migration management in areas of interest to the Union's migration policy.
Amendment 258 #
2018/0248(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Funding from the Union budget should concentrate on activities where Union intervention can bring added value compared to action undertaken by Member States alone. Financial support provided under this Regulation should contribute, in particular, to Member State solidarity on asylum and strengthening national and Union capabilities in the areas of asylum and migration.
Amendment 268 #
2018/0248(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) To contribute to the achievement of the policy objective of the Fund, Member States should ensure that their programmes include actions addresscontribute to achieving the specific objectives of this Regulation, and that the priorities chosen are in line with the implementation measures as set out in Annex II and that the allocation of resources between the objectives ensures that the overall policy objective can be met. Member States should ensure that how resources for the various objectives of the fund are shared is in proportion to the challenges and needs in order to ensure that the objectives can be achieved. To this end, each objective should be assigned a minimum level of resources.
Amendment 276 #
2018/0248(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) In order to strengthen the Union’s capacity to immediately address unforeseen or disproportionate heavy migratory pressure in one or more Member States characterised by a large or disproportionate inflow of third-country nationals, which places significant and urgent demands on their reception and detention facilities, asylum and migration management systems and procedures, heavy migratory pressures or significant resettlement needs in third countries due to political developments or conflicts, it should be possible to provide emergency assistance in accordance with the framework set out in this Regulation.
Amendment 282 #
2018/0248(COD)
Proposal for a regulation
Recital 48
Recital 48
(48) Regulation (EU) …/2021 [Common Provisions Regulation] establishes the framework for action for ERDF, ESF+, the Cohesion Fund, the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and MiIntegration Fund (AMIF), the Internal Security Fund (ISF) and the Border Management and Visa Instrument (BMVI) as a part of the Integrated Border Management Fund (IBMF), and lays down, in particular, the rules concerning programming, monitoring and evaluation, management and control for Union funds implemented under shared management. It is therefore necessary to specify the objectives of the AMIF, and to lay down specific provisions concerning the type of activities that may be financed by the AMIF.
Amendment 283 #
2018/0248(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) In accordance with the Financial Regulation21, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council22, Council Regulation (Euratom, EC) No 2988/9523, Council Regulation (Euratom, EC) No 2185/9624 and Council Regulation (EU) 2017/193925, the financial interests of the Union are to be protected through proportionate measures, including the prevention, detection, correction and investigation of irregularities and fraud, the recovery of funds lost, wrongly paid or incorrectly used and, where appropriate, the imposition of administrative and/or criminal sanctions. In particular, in accordance with Regulation (EU, Euratom) No 883/2013 and Regulation (Euratom, EC) No 2185/96, the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other criminal offences affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office may investigate and prosecute fraud and other illegal activities affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council26. In accordance with the Financial Regulation, any person or entity receiving Union funds is to cooperate fully in the protection of the Union’s financial interests to grant the necessary rights and access to the Commission, OLAF and the European Court of Auditors and to ensure that any third parties involved in the implementation of Union funds grant equivalent rights. Member States are to cooperate fully and give all the necessary assistance to the Union’s institutions, agencies and bodies in order to protect the Union’s financial interests. _________________ 21 OJ C , , p. . 22 OJ C , , p. . 23 Council Regulation (Euratom, EC) No 2988/95 of 18 December 1995 on the protection of the European Communities’' financial interests (OJ L 312, 23.12.95, p. 1). 24 OJ C , , p. . 25 Council Regulation (EU) 2017/1371 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 26 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union’'s financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 285 #
2018/0248(COD)
Proposal for a regulation
Recital 51 a (new)
Recital 51 a (new)
(51a) Pursuant to Regulation xxx/xxx (Regulation on protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States), the Union should take action to protect its budget from the moment a generalised deficiency in the rule of law in a Member State is detected. Regulation xxx/xxx applies to the Fund.
Amendment 290 #
2018/0248(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to supplement and amend certain non-essential elements of this Regulation, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of actions eligible for higher co-financing as listed in Annex IV, the operating support provided for in Annex VII and in order to develop further the common monitoring and evaluation framework. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that these consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law Making of 13 April 2016.
Amendment 292 #
2018/0248(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Since the objectives of this Regulation, namely to boost solidarity between Member States and contribute to an effective management of migration flows in the Union, in accordance with the common policy on asylum and international protection and the common immigration policy, cannot be sufficiently achieved by the Member States acting alone and can be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 294 #
2018/0248(COD)
Proposal for a regulation
Article premier – paragraph 1
Article premier – paragraph 1
1. This Regulation establishes the Asylum, Migration and MiIntegration Fund (‘the Fund’).
Amendment 302 #
2018/0248(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 solidarity and the equitable sharing of responsibilities between Member States and to an efficient management of migration flows in line with the relevant Union acquis and in compliance with the Charter of Fundamental Rights and the Union’'s commitments on fundamental rights.
Amendment 310 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b
Article 3 – paragraph 2 – point b
(b) tTo support legal migration to the Member States including to contribute to the integration of third-country nationals;
Amendment 314 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b a (new)
Article 3 – paragraph 2 – point b a (new)
(b a) To contribute to the integration of third-country nationals;
Amendment 324 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. Member States shall ensure that the resources for the various objectives of the fund are shared in a manner proportionate to the challenges and needs in order to ensure that the objectives can be achieved.
Amendment 326 #
2018/0248(COD)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Actions funded shall be implemented in full respect for the values set out in Article 2 TEU, fundamental rights and human dignity. In particular, actions shall comply with 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 333 #
2018/0248(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. The Commission shall be empowered to adopt delegated acts, in accordance with Article 32, to amend Annexes II and III.
Amendment 340 #
2018/0248(COD)
Proposal for a regulation
Article 5 – paragraph 1 – indent 1 a (new)
Article 5 – paragraph 1 – indent 1 a (new)
- provides for the monitoring of actions carried out in the framework of this third country participation with regard to compliance with the Union acquis on asylum and migration, particularly concerning fundamental rights, as well as Member States' obligations under international law.
Amendment 347 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a – point 3
Article 6 – paragraph 1 – point a – point 3
(3) third country listedreferred to in the work programme under the conditions specified therein and on condition that the third country complies with the requirements concerning compliance with fundamental rights as set out in Article 3(3a) of this regulation;
Amendment 351 #
2018/0248(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Legal entities established in a third country are exceptionally eligibleauthorised by the Commission to participate where this is necessary for the achievement of the objectives of a given action.
Amendment 357 #
2018/0248(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Support provided under this Regulation shall complement national, regional and local intervention, and shall focus on addingbringing European added value to the objectives of this Regulation.
Amendment 359 #
2018/0248(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The Commission and the Member States shall ensure that the support provided under this Regulation and by the Member States is consistent with the relevant activities, policies and priorities of the Union and is complementary to other Union instruments, in particular action taken under other Union funds.
Amendment 372 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 – point e
Article 9 – paragraph 1 – subparagraph 1 – point e
(e) support to Member States and local and regional authorities contributing to solidarity and responsibility efforts; and
Amendment 383 #
2018/0248(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The thematic facility shall in particular, support actions falling under the implementation measure 2(b) of Annex II that are implemented by the local and regional authorities or civil society organisations, actions under implementing measure 1(c) of Annex II encouraging solidarity and responsibility-sharing efforts between Member States, as well as actions under implementing measure 1(d) of Annex II encouraging resettlement efforts under Regulation xxx/xxx (Union Resettlement Framework). A minimum of 30% of the thematic facility shall be allocated to these three types of actions combined.
Amendment 401 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
1a. Member States shall, in addition, ensure that their programmes include actions addressing all the specific objectives of the Fund referred to in Article 3(2) and that the allocation of resources among the objectives is proportionate to the challenges and needs and ensures that the objectives can be met. Member States shall allocate a minimum of 15% of the resources allocated to their programmes to each of the specific objectives mentioned in Article 3(2a), 2(b), 2(ba) and (2c). Member States wishing to deviate from this rule shall inform the Commission accordingly and shall assess, together with the Commission, whether these minimum percentages should be amended because of particular circumstances.Any such amendments must be approved by the Commission. When evaluating Member State programmes, the Commission shall ensure that the action envisaged is not affected by a reasoned opinion by the Commission in respect of an infringement under Article 258 TFEU that puts at risk the legality and regularity of expenditure or the performance of projects.
Amendment 415 #
2018/0248(COD)
Proposal for a regulation
Article 13 – paragraph 8
Article 13 – paragraph 8
8. Whenever a Member State decides to implement projects with or in a third country with the support of the Fund, the Member State concerned shall consult the Commission prior to the start of the projectrequest the approval of the Commission prior to the start of the project. Before giving its approval, the Commission shall ensure the complementarity and coherence of the planned projects with other EU and Member State actions taken vis-à-vis the third country concerned. The Commission shall also verify the conformity of the planned projects with the requirements concerning fundamental rights set out in Article 3(3a).
Amendment 426 #
2018/0248(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Specific actions are transnational or national projects delivering added value for the EU and in line with the objectives of this Regulation for which one, several or all Member States may receive an additional allocation to their programmes.
Amendment 434 #
2018/0248(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. A Member State referred to in paragraphs 1 and 2 shall receive an additional contribution of EUR [10 000] per applicant who has been granted international protection for the implementation of integration measures or EUR [15 000] if the applicant is an unaccompanied minor.
Amendment 446 #
2018/0248(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Visibility, transparency and communication The recipients of Union financing shall comply fully with the visibility, transparency and communication requirements set out in regulation xxx/xxx (Common Provisions Regulation).
Amendment 455 #
2018/0248(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promoting the actions and their results, by providing coherent, effective and proportionate targeted information to multiple audiences, including the media and the public, in the language concerned. To this end, recipients shall ensure that all communications to the media and the public mention explicitly the Union’s financial support and display the Union emblem prominently.
Amendment 458 #
2018/0248(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Commission shall, for the benefit of the public, implement information and communication actions relating, in particular, to the Fund and its actions and results. Financial resources allocated to the Fund shall also contribute to the corporate communication on the political priorities of the Union, as far as they are related to the objectives of this Regulation.
Amendment 470 #
2018/0248(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The Commission shall carry out a mid-term and a retrospective evaluation of this Regulation, including the actions implemented under the Fund, their European added value and the contribution to European solidarity in the field of asylum, as well as the coherence between the actions undertaken under this Fund and the other Funds.
Amendment 474 #
2018/0248(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The mid-term and the retrospective evaluation shall be carried out in a timely manner to feed into the decision-making process. These evaluations shall be submitted to the European Parliament forthwith.
Amendment 478 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point c
Article 30 – paragraph 2 – point c
(c) the complementarity and coherence between the actions supported by the Fund and support provided by other Union funds, in particular those in or in relation to third countries;
Amendment 481 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d
Article 30 – paragraph 2 – point d
(d) contribution of the programme to the implementation of the relevant Union acquis and action plans and to cooperation and solidarity between Member States in the field of asylum;
Amendment 482 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point d a (new)
Article 30 – paragraph 2 – point d a (new)
(da) fulfilment of the fundamental rights requirements;
Amendment 485 #
2018/0248(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point h a (new)
Article 30 – paragraph 2 – point h a (new)
(ha) the number of vulnerable persons granted international protection;
Amendment 491 #
2018/0248(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 4, 13, 18, 28 and 31 shall be conferred on the Commission until 31 December 2028.
Amendment 492 #
2018/0248(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The delegation of powers referred to in Articles 4, 13, 18, 28 and 31 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 493 #
2018/0248(COD)
Proposal for a regulation
Article 32 – paragraph 6
Article 32 – paragraph 6
6. A delegated act adopted pursuant to Articles 4, 13, 18, 28 and 31 shall enter into force only if neither the European Parliament nor the Council has expressed an objection within two months of being notified of it or if, before the expiry of that period, they have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or the Council.
Amendment 550 #
2018/0248(COD)
Proposal for a regulation
Annex II – point 1 – point d
Annex II – point 1 – point d
(d) enhancing solidarity and cooperation with third countries affected by migratory flows, including by helping to improve their reception capacities and through resettlement and other legal avenues to protection in the Union as well as partnership and cooperation with third countries for the purpose of managing migration.
Amendment 581 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 1 – point e
Annex III – point 1 – point e
(e) assistance and support services consistent with the status and the needs of the person concerned, in particular the vulnerable grouppersons;
Amendment 590 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point c
Annex III – point 2 – point c
(c) identifying applicants with special procedural or reception needs, particularly vulnerable persons;
Amendment 591 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point c a (new)
Annex III – point 2 – point c a (new)
(ca) care and support for unaccompanied minors as soon as they are identified;
Amendment 596 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point e
Annex III – point 2 – point e
(e) enhancing the capacity of Member States to collect, analyse and disseminateshare among themselves country of origin information;
Amendment 601 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 2 – point h
Annex III – point 2 – point h
(h) enhancing capacities of third countries to improve the protection of persons in need of protection as well as to develop systems for the protection of children and their access to education and health care;
Amendment 622 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point g
Annex III – point 3 – point g
Amendment 627 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point h
Annex III – point 3 – point h
Amendment 630 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point i
Annex III – point 3 – point i
Amendment 632 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point j
Annex III – point 3 – point j
Amendment 634 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 – point k
Annex III – point 3 – point k
Amendment 637 #
2018/0248(COD)
Proposal for a regulation
Annex III – point 3 a (new)
Annex III – point 3 a (new)
3a. Under the specific objective referred to in Article 3(2)(ba), the Fund shall in particular support the following actions: (a) early integration measures such as tailored support in accordance with the needs of third-country nationals and integration programmes focusing on education, language and other training such as civic orientation courses and professional guidance; (b) actions promoting equality in the access and provision of public and private services to third-country nationals, including adapting them to the needs of the target group; (c) cooperation between governmental and non-governmental bodies in an integrated manner, including through coordinated integration-support centres, such as one-stop shops; (d) actions enabling and supporting third- country nationals’ introduction to and active participation in the receiving society and actions promoting their acceptance by the receiving society, particularly by involving diasporas; (e) promoting exchanges and dialogue between third-country nationals, diasporas, the receiving society and public authorities, including through the consultation of third-country nationals, and intercultural and inter-religious dialogue.
Amendment 666 #
2018/0248(COD)
Proposal for a regulation
Annex IV – indent 2
Annex IV – indent 2
– Actions to develop and implement effective alternatives to detention, particularly for minors;
Amendment 670 #
2018/0248(COD)
Proposal for a regulation
Annex IV – indent 4 a (new)
Annex IV – indent 4 a (new)
- Additional commitments regarding resettlement under Regulation xxx/xxx (Union resettlement framework).
Amendment 672 #
2018/0248(COD)
Proposal for a regulation
Annex V – part 1 – point 1
Annex V – part 1 – point 1
1. Number of persons resettled under Regulation xxx/xxx (Union Resettlement Framework) with the support of the Fund.
Amendment 689 #
2018/0248(COD)
Proposal for a regulation
Annex VIII – part 1 – point 6
Annex VIII – part 1 – point 6
6. Number of persons resettled under Regulation xxx/xxx (Union Resettlement Framework) with the support of the Fund.
Amendment 246 #
2018/0229(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The EU guarantee of EUR 38 000 040 817 500 000 (current prices) at Union level is expected to mobilise more than EUR 650 000 000 000 of additional investment across the Union and should be indicatively allocated between the policy windows.
Amendment 386 #
2018/0229(COD)
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The EU guarantee for the purposes of the EU compartment referred to in point (a) of Article 8(1) shall be EUR 38 000 040 817 500 000 (current prices). It shall be provisioned at the rate of 40 %.
Amendment 686 #
2018/0229(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
The InvestEU Advisory Hub shall be managed by the Commission, in cooperation with the EIB Group and the other implementing partners.
Amendment 749 #
2018/0229(COD)
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) up to EUR 11 500 0002 204 375 000 for objectives referred to in point (a) of Article 3(2);
Amendment 753 #
2018/0229(COD)
Proposal for a regulation
Annex I – paragraph 1 – point b
Annex I – paragraph 1 – point b
(b) up to EUR 11 250 000954 375 000 for objectives referred to in point (b) of Article 3(2);
Amendment 757 #
2018/0229(COD)
Proposal for a regulation
Annex I – paragraph 1 – point c
Annex I – paragraph 1 – point c
(c) up to EUR 11 250 000954 375 000 for objectives referred to in point (c) of Article 3(2);
Amendment 765 #
2018/0229(COD)
Proposal for a regulation
Annex I – paragraph 1 – point d
Annex I – paragraph 1 – point d
(d) up to EUR 4 000 000704 375 000 for objectives referred to in point (d) of Article 3(2).
Amendment 16 #
2018/0202(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) EGF should remain as a special EU instrument reacting to unexpected situations that cause major disruptions in the European labour markets. However the Union should continue the efforts to find more sustainable ways of tackling the structural change and challenges that affect the labour markets and lead to restructuring events in the Member States.
Amendment 18 #
2018/0202(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Reflecting the importance of tackling climate change in line with the Union's commitments to implement the Paris Agreement and the United Nations Sustainable Development Goals, this Programme will contribute to mainstream climate action in the Union's policies and to the achievement of an overall target of 2530 % of the EU budget expenditures supporting climate objectives. Relevant actions will be identified during the fund's preparation and implementation, and reassessed in the context of its evaluation.
Amendment 19 #
2018/0202(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The general objective of the programme is to demonstrate solidarity with and offer support tofinancial support for re- employment measures of displaced workers and self-employed persons whose activity has ceased in the course of unexpected major restructuring events, referred to in Article 5.
Amendment 20 #
2018/0202(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The specific objective of the EGF is to offer assistance for reintegration in the labour market in case of unexpected major restructuring events, particularly those caused by globalisation-related challenges, such as changes in world trade patterns, trade disputes, financial or economic crises, the transition to low- carbon economy or as a consequence of digitisation or automation. Particular emphasis shall lie on measures that help the most disadvantaged groups.
Amendment 40 #
2018/0196(COD)
Proposal for a regulation
Title 0
Title 0
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL laying down common provisions on the European Regional Development Fund, the European Social Fund Plus, the Cohesion Fund, and the European Maritime and Fisheries Fund and financial rules for those and for the Asylum, Migration and MiIntegration Fund, the Internal Security Fund and the Border Management and Visa Instrument
Amendment 46 #
2018/0196(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) In order to further develop a coordinated and harmonised implementation of Union Funds implemented under shared management namely the European Regional Development Fund ('ERDF'), the European Social Fund Plus ('ESF+'), the Cohesion Fund, measures financed under shared management in the European Maritime and Fisheries Fund ('EMFF'), the Asylum, Migration and MiIntegration Fund ('AMIF'), Internal Security Fund ('ISF') and Integrated Border Management Fund ('BMVI'), financial rules based on Article 322 of the TFEU should be established for all these Funds ('the Funds'), clearly specifying the scope of application of the relevant provisions. In addition, common provisions based on Article 177 of the TFEU should be established to cover policy specific rules for the ERDF, the ESF+, the Cohesion Fund and the EMFF.
Amendment 51 #
2018/0196(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Horizontal principles as set out in Article 3 of the Treaty on the European Union ('TEU') and in Article 10 of the TFEU, including principles of subsidiarity and proportionality as set out in Article 5 of the TEU should be respected in the implementation of the Funds, taking into accountrespecting the Charter of Fundamental Rights of the European Union. Member States should also respect the obligations of the UN Convention on the Rights of Persons with Disabilities and ensure accessibility in line with its article 9 and in accordance with the Union law harmonising accessibility requirements for products and services. Member States and the Commission should aim at eliminating inequalities and at promoting equality between men and women and integrating the gender perspective, as well as at combating discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. The Funds should not support actions that contribute to any form of segregation. The objectives of the Funds should be pursued in the framework of sustainable development and the Union's promotion of the aim of preserving, protecting and improving the quality of the environment as set out in Article 11 and Article 191(1) of the TFEU, taking into account the polluter pays principle. In order to protect the integrity of the internal market, operations benefitting undertakings shall comply with Union State aid rules as set out in Articles 107 and 108 of the TFEU.
Amendment 54 #
2018/0196(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) In accordance with Regulation xxx/xxx, the Union should take measures for the protection of its budget in case of generalised deficiencies as regards the rule of law in a Member State.
Amendment 66 #
2018/0196(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Managing authorities should publish structured information on selected operations and beneficiaries on the website of the programme providing support to the operation, while taking account ofrespecting the requirements for data protection of personal data in accordance with Regulation (EU) 2016/67917 of the European Parliament and of the Council. _________________ 17 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) OJ L 119, 4.5.2016, p. 1.
Amendment 78 #
2018/0196(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Member States should also prevent, detect and deal effectively with any irregularities including fraud committed by beneficiaries. Moreover, in accordance with Regulation (EU, Euratom) No 883/201318 , and Regulations (Euratom, EC) No 2988/9519 and No 2185/9620 the European Anti-Fraud Office (OLAF) may carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/193921 , the European Public Prosecutor's Office may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/137122 on the fight against fraud to the Union's financial interests by means of criminal law. Member States should take the necessary measures so that any person or entity receiving Union funds fully cooperates in the protection of the Union’s financial interests, grants the necessary rights and access to the Commission, the European Anti-Fraud Office (OLAF), the European Public Prosecutor's Office (EPPO) and the European Court of Auditors (ECA) and ensures that any third parties involved in the implementation of Union funds grant equivalent rights. Member States should report in a detailed manner to the Commission on detected irregularities including fraud, and on their follow-up as well as on the follow-up of OLAF investigations and, if applicable, the reasons why no follow up was made on OLAF investigations. Member States that do not participate in the enhanced cooperation on the EPPO should report in a detailed manner to the Commission on the prosecution of detected cases of fraud and, if applicable, on the cooperation with Eurojust for the matters that are in the scope of competence of the EPPO. _________________ 18 Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1). 19 Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (OJ L 312, 23.12.1995, p. 1). 20 Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities (OJ L 292, 15.11.1996, p. 2). 21 Council Regulation (EU) 2017/1939 of 12 October 2017 implementing enhanced cooperation on the establishment of the European Public Prosecutor’s Office (‘the EPPO’) (OJ L 283, 31.10.2017, p. 1). 22 Directive (EU) 2017/1371 of the European Parliament and of the Council of 5 July 2017 on the fight against fraud to the Union's financial interests by means of criminal law (OJ L 198, 28.7.2017, p. 29).
Amendment 97 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
(c) international organisations or relevant bodies representing civil society, environmental partners, and bodies responsible for promoting social inclusion, fundamental rights, rights of persons with disabilities, gender equality and non- discrimination.
Amendment 103 #
2018/0196(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. In accordance with the multi-level governance principle, the Member State shall involve those partners in the preparation of Partnership Agreements and throughout the preparation and, implementation and evaluation of programmes including through participation in monitoring committees in accordance with Article 34.
Amendment 112 #
2018/0196(COD)
Proposal for a regulation
Title 2 – chapter 3 – title
Title 2 – chapter 3 – title
Measures linked to sound economic governance and respect of the rule of law
Amendment 114 #
2018/0196(COD)
Proposal for a regulation
Article 15 a (new)
Article 15 a (new)
Article 15 a Measures linking effectiveness of Funds to respect of the rule of law 1. In case of generalised deficiencies as regards the rule of law in a Member State, measures shall be taken by the Union in order to protect its budget. 2. Such measures are adopted in accordance with Regulation xxx/xxx on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States.
Amendment 147 #
2018/0196(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b
Article 35 – paragraph 2 – point b
(b) the annual performance reports for programmes supported by the EMFF, the AMIF, the ISF and the BMVI, and the final performance report for programmes supported by the ERDF, the ESF+ and the Cohesion Fund;
Amendment 151 #
2018/0196(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. For programmes supported by the EMFF, the AMIF, the ISF and the BMVI, the Member State shall submit an annual performance report in accordance with the Fund-specific Regulations.
Amendment 160 #
2018/0196(COD)
Proposal for a regulation
Article 40 – paragraph 1
Article 40 – paragraph 1
1. The Commission shall carry out a mid-term evaluation to examine the effectiveness, efficiency, relevance, coherence, compliance with EU acquis and EU added value of each Fund by the end of 2024. The Commission may make use of all relevant information already available in accordance with Article [128] of the Financial Regulation.
Amendment 162 #
2018/0196(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) communication to Union citizens of the role and achievements of the Funds notably through a single website portal providing access to all programmes involving that Member State.
Amendment 170 #
2018/0196(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Beneficiaries and bodies implementing financial instruments shall acknowledge, in the official language(s) of the Member State, support from the Funds, including resources reused in accordance with Article 56, to the operation by:
Amendment 171 #
2018/0196(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) providing on the beneficiary's professional website orand social media sites, where such sites exist, a short description of the operation, proportionate to the level of support, including its aims and results, and highlightingstating explicitly the financial support from the Union;
Amendment 172 #
2018/0196(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) providing a statement highlighting in the official language(s) of the Member State, the support from the Funds in a visible manner on documents and communication material relating to the implementation of the operation, used for the public or for participants;
Amendment 173 #
2018/0196(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point c – introductory part
Article 45 – paragraph 1 – point c – introductory part
(c) publicly and in a visible manner displaying plaques or billboards as soon as the physical implementation of operations involving physical investment or the purchase of equipment starts, with regard to the following:
Amendment 174 #
2018/0196(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point d
Article 45 – paragraph 1 – point d
(d) for operations not falling under point (c), publicly and in a visible manner displaying at least one printed or electronic display of a minimum size A3 with information about the operation highlighting the support from the Funds;
Amendment 175 #
2018/0196(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point e – paragraph 1
Article 45 – paragraph 1 – point e – paragraph 1
for operations of strategic importance and operations whose total cost exceed EUR 10 000 000 organising a communication event aimed at a large audience and involving the Commission and the responsible managing authority in a timely manner.
Amendment 176 #
2018/0196(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Where the beneficiary does notBeneficiaries and bodies implementing financial instruments shall provide evidence to the Commission that they comply with itstheir obligations under Article 42 or paragraphs 1 and 2 of this Article, the Member State. When the beneficiaries and bodies implementing financial instruments do not comply with their obligations, the Member State on its own initiative or upon request of the Commission, shall apply a financial correction by cancelling up to 5 % of the support from the Funds to the operation concerned.
Amendment 179 #
2018/0196(COD)
Proposal for a regulation
Article 63 – paragraph 2
Article 63 – paragraph 2
2. Member States shall ensure the legality and regularity of expenditure included in the accounts submitted to the Commission and shall take all required actions to prevent, detect and correct and report on irregularities including fraud. Member States shall fully cooperate with OLAF and, if applicable, with Eurojust and EPPO in accordance with Regulation xxx/xxx (new Eurojust regulation) and Regulation 2017/1939.
Amendment 186 #
2018/0196(COD)
Proposal for a regulation
Article 67 – paragraph 1 – subparagraph 1
Article 67 – paragraph 1 – subparagraph 1
For the selection of operations, the managing authority shall establish and apply criteria and procedures which are non-discriminatory, transparent, ensure gender equality and take account ofrespect the Union acquis and the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Articles 11 and 191(1) of the TFEU.
Amendment 192 #
2018/0196(COD)
Proposal for a regulation
Article 90 – paragraph 1 – point b
Article 90 – paragraph 1 – point b
(b) the Commission has to carry out additional verifications following receipt of information that expenditure in a payment application may be linked to an irregularity or fraud.
Amendment 194 #
2018/0196(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point c
Article 91 – paragraph 1 – point c
(c) the expenditure in payment applications is linked to an irregularity or fraud that has not been corrected ;
Amendment 195 #
2018/0196(COD)
Proposal for a regulation
Article 91 – paragraph 1 – point e a (new)
Article 91 – paragraph 1 – point e a (new)
(e a) In case of generalised deficiencies of the rule of law in accordance with Regulation xxx/xxx on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States
Amendment 205 #
2018/0196(COD)
Proposal for a regulation
Annex X – point 1 – point 1.2
Annex X – point 1 – point 1.2
1.2. The statement "Funded by the EUROPEAN UNION" or "Co-funded by the EUROPEAN UNION" shall always be spelled out in full and in the official language(s) of the Member State and placed next to the emblem.
Amendment 25 #
2018/0170(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Regulation (EU) 2017/1939 requires the Office, as well as all institutions, bodies, offices and agencies of the Union and competent national authorities, to report to the EPPO without undue delay criminal conduct in respect of which the EPPO may exercise its competence. Since the mandate of the Office is to carry out administrative investigations into fraud, corruption and any other illegal activity affecting the financial interest of the Union, it is ideally placed and equipped to act as a natural partner and privileged source of information for the EPPO. This is especially the case when investigations involve Member States that participate in the enhanced cooperation for the creation of the EPPO and Member States that do not.
Amendment 34 #
2018/0170(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Regulation (EU) 2017/1939 specifies the minimum elements that, as a rule, reports should contain. The Office may need to conduct a preliminary evaluation of allegations to ascertain these elements and collect the necessary information. The Office should conduct this evaluation expeditiously and through means which do not risk jeopardising a possible future criminal investigation. Upon completion of its evaluation, it should immediately report to the EPPO where a suspicion of an offence within its competence is identified.
Amendment 41 #
2018/0170(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) To ensure effective coordination between the Office and the EPPO, information should be exchanged between them on a continuous basis. The exchange of information in the stages prior to the opening of investigations by the Office and the EPPO is particularly relevant to ensure proper coordination between the respective actions and avoid duplication. The Office and the EPPO should specify the modalities and conditions of this exchange of information in their working arrangements. The Director General of the Office and the European Chief Public Prosecutor should meet on a regular basis to discuss matters of common interest.
Amendment 42 #
2018/0170(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In situations where the Office needs to rely on the assistance of the national competent authorities, particularly in cases where an economic operator opposes an on-the-spot check and inspection, Member States should ensure that the Office's action is effective, and should provide without undue delay the necessary assistance in accordance with the relevant rules of national procedural law.
Amendment 48 #
2018/0170(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32 a) The competent authorities of the Member States shall give the necessary assistance to the Office to fulfil their tasks. When the Office makes judicial recommendations to the national prosecution authorities of a Member State and no follow-up is made, the Member State should justify its decision to the Office. Once a year, the Office should draw up a report in order to give an account of the assistance provided by the Member States and on the follow-up of the judicial recommendations.
Amendment 49 #
2018/0170(COD)
Proposal for a regulation
Recital 32 b (new)
Recital 32 b (new)
(32 b) A fundamental rights officer should be appointed among the members of the Supervisory Committee. The fundamental rights officer should monitor the compliance of the Office with fundamental rights and procedural guarantees.
Amendment 50 #
2018/0170(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35 a) By 31 December 2022, the Commission should evaluate the application of this Regulation and in particular the efficiency of the cooperation between the Office and the EPPO.
Amendment 52 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 2
Article 3 – paragraph 2
2. On-the-spot checks and inspections may be conducted without prior notice and shall be conducted in accordance with this Regulation and, to the extent that a matter is not covered by this Regulation, with Regulation (Euratom, EC) No 2185/96.
Amendment 54 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 6 – subparagraph 1
Article 3 – paragraph 6 – subparagraph 1
At the request of the Office, the competent authority of the Member State concerned shall, without undue delay, provide the staff of the Office with the assistance needed in order to carry out their tasks effectively, as specified in the written authorisation referred to in Article 7(2).
Amendment 58 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
The Member State concerned shall ensure, in accordance with Regulation (Euratom, EC) No 2185/96, that the staff of the Office are allowed access to all information and documents relating to the matter under investigation which prove necessary in order for the on-the-spot checks and inspection to be carried out effectively and efficiently, and that they are able to assume custody of documents or data during the time necessary to ensure that there is no danger of their disappearance.
Amendment 61 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 9
Article 3 – paragraph 9
9. During an external investigation, the Office may have access without undue delay to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, connected with the matter under investigation, where necessary in order to establish whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union. For that purpose Article 4(2) and (4) shall apply.
Amendment 63 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU, Euratom) No 883/2013
Article 3 – paragraph 10 – subparagraph 1
Article 3 – paragraph 10 – subparagraph 1
Without prejudice to Article 12c(1), where, before a decision has been taken whether or not to open an external investigation, the Office handles information which suggests that there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union, it may inform the competent authorities of the Member States concerned and, where necessary, the institutions, bodies, offices and agencies concerned. Upon request, the competent authorities of the Member States concerned and/or the institution, body, office or agency concerned shall inform the Office of any action taken and of its findings on the basis of such information
Amendment 64 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Regulation (EU, Euratom) No 883/2013
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) the Office shall have the right of immediate and unannounced access to any relevant information and data, irrespective of the medium on which it is stored, held by the institutions, bodies, offices and agencies, and to their premises. The Office shall be empowered to inspect the accounts of the institutions, bodies, offices and agencies. The Office may take a copy of, and obtain extracts from, any document or the contents of any data medium held by the institutions, bodies, offices and agencies and, if necessary, assume custody of such documents or data during the time necessary to ensure that there is no danger of their disappearance;
Amendment 66 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point b
Article 1 – paragraph 1 – point 4 – point b
Regulation (EU, Euratom) No 883/2013
Article 4 – paragraph 3
Article 4 – paragraph 3
3. In accordance with Article 3, the Office may carry out, without prior notice, on-the-spot checks and inspections at the premises of economic operators in order to obtain access to information relevant to the matter under internal investigation.;
Amendment 68 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 5 – paragraph 2
Article 5 – paragraph 2
(a a) in paragraph 2, the second sentence is replaced by the following: "The decision to open an internal investigation shall be taken by the Director-General, acting on his own initiative or following a request from the EPPO or the institution, body, office or agency within which the investigation is to be conducted or from a Member State. " Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)
Amendment 69 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 – point a a (new)
Article 1 – paragraph 1 – point 6 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 7 – paragraph 3
Article 7 – paragraph 3
(a a) in paragraph 3, the second subparagraph is replaced by the following: "The institutions, bodies, offices and agencies shall ensure that their officials, other servants, members, heads and staff members provide the necessary assistance to enable the staff of the Office to fulfil their tasks effectively. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)in accordance with this Regulation effectively and without undue delay." Or. en
Amendment 71 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 1
Article 8 – paragraph 1
Where the institutions, bodies, offices and agencies report to the EPPO in accordance with Article 24 of Regulation (EU) 2017/1939, they may instead transmit to the Office a copy of the report sent to the EPPO and provide notice to the EPPO of such a transmission.;
Amendment 73 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Prior to the opening of an investigation, they shall transmit, at the request of the Office or on their own initiative, any document or information they hold which is necessary to assess the allegations or to apply the criteria for opening an investigation as set out in Article 5(1).;
Amendment 74 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point c
Article 1 – paragraph 1 – point 7 – point c
Regulation (EU, Euratom) No 883/2013
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The institutions, bodies, offices and agencies and, unless prevented by national law, the competent authorities of the Member States shall transmit to the Office, at the request of the Office or on their own initiative, any other document or information considered pertinent which they hold relating to the fight against fraud, corruption and any other illegal activity affecting the financial interests of the Union.;
Amendment 77 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 10 – paragraph 5
Article 10 – paragraph 5
(a a) In paragraph 5, the first subparagraph is replaced by the following: "The Director-General shall ensure that any information provided to the public is given neutrally and impartially, and that its disclosure respects the data protection requirements, the confidentiality of investigations and complies with the principles set out in this Article and in Article 9(1). (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)" Or. en
Amendment 79 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The report mayshall be accompanied by recommendations of the Director-General on whether or not action toshould be taken. Those recommendations shall, where appropriate, indicate any disciplinary, administrative, financial and/or judicial action by the institutions, bodies, offices and agencies and by the competent authorities of the Member States concerned, and shall specify in particular the estimated amounts to be recovered, as well as the preliminary classification in law of the facts established.;
Amendment 81 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 2 – subparagraph 2
Article 11 – paragraph 2 – subparagraph 2
Upon simple verification of their authenticity, reports drawn up on that basis, as well as the evidence supporting such reports, shall constitute admissible evidence in judicial proceedings of a non- criminal nature before national courts and in administrative proceedings in the Member States.
Amendment 85 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point c a (new)
Article 1 – paragraph 1 – point 10 – point c a (new)
Regulation (EU, Euratom) No 883/2013
Article 11 – paragraph 8 a (new)
Article 11 – paragraph 8 a (new)
(c a) the following paragraph 8a is added: “8a. Once a year, a report shall be drawn up, under the authority of the Director- General. That report shall give an account of the follow up given by the competent authorities of the Member States following requests of assistance made by the Office pursuant to this Regulation. That report shall also give an account of the judicial follow up made by the competent authorities of the Member States on the basis of the results of the investigations made by the Office. The report shall respect data protection requirements and the confidentiality of investigations and shall be transmitted to the Commission, the Council and the European Parliament."
Amendment 86 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 Regulation (EU, Euratom) No 883/2013
Article 1 – paragraph 1 – point 12 Regulation (EU, Euratom) No 883/2013
1. Member States shall, for the purposes of this Regulation, designate a service (‘the anti-fraud coordination service’) to facilitate quick and effective cooperation and exchange of information, including information of an operational nature, with the Office. Where appropriate, in accordance with national law, the anti- fraud coordination service may be regarded as a competent authority for the purposes of this Regulation.
Amendment 87 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12a – paragraph 2
Article 12a – paragraph 2
2. Upon request of the Office or on their own initiative, before a decision has been taken as to whether or not to open an investigation, as well as during or after an investigation, the anti- fraud coordination services shall provide, obtain or coordinate the necessary assistance for the Office to carry out its tasks effectively. That assistance shall include in particular the assistance from the national competent authorities provided in accordance with Article 3(6) and (7), Article 7(3) and Article 8(2) and (3).
Amendment 96 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12c – paragraph 3 – subparagraph 3
Article 12c – paragraph 3 – subparagraph 3
Following this preliminary evaluation, the Office shall immediately report to the EPPO if the conditions set out in paragraph 1 are met.
Amendment 103 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12e – paragraph 2 a (new)
Article 12e – paragraph 2 a (new)
2 a. When the Office conducts administrative investigations pursuant to paragraph 1 (c), the procedural guarantees foreseen in Regulation 2017/1939 apply to such investigations. All procedural acts taken by the Office can be subject to review of the Court of Justice of the European Union.
Amendment 108 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12g – paragraph 1
Article 12g – paragraph 1
1. Where necessary to facilitate the cooperation with the EPPO as set out in Article 1(4a), the Office shall agree with the EPPO on administrative arrangements. Such working arrangements may establish practical details for the exchange of information, including personal data, operational, strategic or technical information and classified information. They shall include detailed arrangements on the continuous exchange of information during the receipt and verification of allegations by both offices. The Director General of the Office and the European Chief Public Prosecutor shall meet at least once year to discuss matters of common interest.
Amendment 112 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU, Euratom) No 883/2013
Article 12g – paragraph 2
Article 12g – paragraph 2
2. The Office shall have indirect access to information in the EPPO's case management system on the basis of a hit/no hit system. Whenever a match is found between data entered into the case management system by the Office and data held by the EPPO, the fact that there is a match shall be communicated to both the EPPO and the Office. The Office shall take appropriate measures to enable the EPPO to have a quick access to information in its case management system on the basis of a hit/no-hit system.;
Amendment 113 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 a (new)
Article 1 – paragraph 1 – point 12 a (new)
Regulation (EU, Euratom) No 883/2013
Article 15 – paragraph 9 a (new)
Article 15 – paragraph 9 a (new)
(12 a) Article 15 is amended as follows: (a) the following paragraph 9a is added: "The Supervisory Committee shall appoint a fundamental rights officer among its members. The fundamental rights officer shall monitor the compliance of the Office with fundamental rights and procedural guarantees. The fundamental rights officer shall address opinions and, where appropriate, recommendations to the Supervisory Committee on the activities and investigations conducted by the Office. The opinions and the recommendations of the fundamental rights officer are included in the reports of the Supervisory Committees pursuant to paragraph 9 of the present article.";
Amendment 114 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point a
Article 1 – paragraph 1 – point 13 – point a
Regulation (EU, Euratom) No 883/2013
Article 16 – paragraph 1
Article 16 – paragraph 1
The Chief European Public Prosecutor is invited to participate in the exchange of views. Representatives of the Court of Auditors, the EPPO, Eurojust and/or Europol may be invited to attend on an ad hoc basis upon request of the European Parliament, the Council, the Commission, the Director- General or the Supervisory Committee.;
Amendment 115 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a a (new)
Article 1 – paragraph 1 – point 14 – point a a (new)
Regulation (EU, Euratom) No 883/2013
Article 17 – paragraph 4
Article 17 – paragraph 4
(a a) paragraph 4 is replaced by the following: "4. The Director-General shall report regularly to the European Parliament, the Council, the Commission, the EPPO and the Court of Auditors on the findings of investigations carried out by the Office, the action taken and the problems encountered, whilst respecting the confidentiality of the investigations and data protection principles, the legitimate rights of the persons concerned and of informants, and, where appropriate, national law applicable to judicial proceedings. "" Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32013R0883)
Amendment 116 #
2018/0170(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 a (new)
Article 1 – paragraph 1 – point 14 a (new)
Regulation (EU, Euratom) No 883/2013
Article 19
Article 19
Amendment 10 #
2018/0166R(APP)
Recital E a (new)
E a. whereas beyond the capacity of the action provided by the Multiannual Financial Framework, the European Union is called upon to meet the global challenges and threats that Member States cannot afford anymore alone. The recognition of some “European common goods” (agriculture, solidarity, defense and security, management of the migration policy, climate protection, digital economy, space) leads to evaluate the effectiveness of national public spending and to study the European added value that would result from the transfer of all or part of the corresponding appropriations to the European Union level. The MFF 2021- 2027 must/should be sufficiently flexible to deal with unforeseen events and must/should allow initiatives to increase the volume of appropriations in the Union budget, and this development would strengthen its strategic autonomy without necessarily increasing the overall burden of public expenditure within the EU;
Amendment 30 #
2018/0166R(APP)
Paragraph 4
4. Declares, moreover, its opposition to any reduction in the level of key EU policies, such as the EU cohesion policy and the common agricultural policy (CAP), ERASMUS+, youth employment, research and innovation as well as SMEs; is particularly opposed to any radical cuts that will adversely impact on the very nature and objectives of these policies, such as the cuts proposed for the Cohesion Fund or for the European Agricultural Fund for Rural Development; opposes, in this context, the proposal to reduce the European Social Fund despite its enlarged scope and the integration of the Youth Employment Initiative; recalls the need to strengthen the focus of future spending on performance and results, based on ambitious and relevant performance targets, in particular under the Common Agricultural Policy (CAP), following the Briefing paper of the European Court of Auditors: Future of the CAP (March 2018);
Amendment 39 #
2018/0166R(APP)
Paragraph 4 a (new)
4 a. Underlines the effectiveness of the centralised governance structure laid down by the CEF Regulation; notes that transferring part of Cohesion Fund funding to the CEF has been a great success and that the degree of satisfaction of the Member States concerned confirms that this mechanism shall be continued under the next MFF and be sufficient to complete the currently ongoing projects funded through the Cohesion Fund contribution; accordingly proposes an allocation of EUR 20 billion from the European Regional Development Fund to the CEF, with the same management rules to be managed under similar rules to those which apply to Cohesion Fund funding for the CEF, albeit accessible for all Member States; believes that, in view of the big difference between available funding and what is needed, more attention needs to be paid to solutions with a big EU- added value such as missing cross-border links, such as rail, and this transfer would ensure that TEN- T projects in Europe made significant headway;
Amendment 49 #
2018/0166R(APP)
Paragraph 5
5. Underlines, furthermore, the importance of the horizontal principles that should underpin the MFF and all related EU policies; reaffirms, in this context, its position that the EU must deliver on its commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) and deplores the lack of a clear and visible commitment to that end in the MFF proposals; requests, therefore, the mainstreaming of the SDGs into all EU policies and initiatives of the next MFF; further emphasises that the elimination of discrimination is vital to fulfil the EU’s commitments towards an inclusive Europe and deplores the lack of gender mainstreaming and gender equality commitments in EU policies, as presented in the MFF proposals; underlines also its position that, followingthat to reach the obligations of the Paris Agreement, climate-related spending should be significantly increased to at least 30% in comparison with the current MFF and reach 30 % as soon as possiblewith a swift achievement of 30%, both annually and atfor the latest by 2027MFF as a whole;
Amendment 77 #
2018/0166R(APP)
Paragraph 10 a (new)
10a. Calls for better spending and increased accountability and transparency of the Union funds by a strengthened focus on performance and results leading, based on ambitious and relevant performance targets;
Amendment 89 #
2018/0166R(APP)
Paragraph 14 – point i
i. Increase the budget for research and innovationHorizon Europe to reach EUR 120 billion in 2018 prices;
Amendment 92 #
2018/0166R(APP)
Paragraph 14 – point ii a (new)
ii a. Introduce a transfer from ERDF to CEF-Transport in line with the transfer from Cohesion Fund to CEF-Transport;
Amendment 102 #
2018/0166R(APP)
Paragraph 14 – point vii
vii. Introduce a specific allocation (EUR 5.52 billion) for Child Guarantee;
Amendment 123 #
2018/0166R(APP)
Paragraph 14 – point xviii a (new)
xviii a. Further reinforce the ‘Fiscalis’ programme for cooperation in the field of taxation;
Amendment 125 #
2018/0166R(APP)
Paragraph 14 – point xviii b (new)
Amendment 127 #
2018/0166R(APP)
Paragraph 14 a (new)
14 a. Underlines the essential role played by the decentralised agencies in aiding the Union and the Member States make informed, science-based decisions, actively contributing to the implementation of Union policies and enhancing cooperation between Member States to address the concerns of Union citizens; stresses for at least the stability of envelopes in real terms of agencies that have been entrusted with additional tasks particular where recent legislative proposals foresee new activities for an agency including but not limited to fundamental rights, security and migration, environment, climate, health and safety and urges this is accurately reflected in the grouping of agencies;
Amendment 131 #
2018/0166R(APP)
Paragraph 15 a (new)
15 a. Strongly emphasises the importance of the fundamental rights enshrined in the Charter of Fundamental Rights, which should be streamlined into every policy proposals as a horizontal obligation of the Union; welcomes in this context the creation of new Justice, Rights and Values Fund aiming at inter alia promoting European justice area, rights, values and equality; JHA agencies, should support the Commission in its coordination and oversight tasks in respect to funds by assisting in monitoring and training activities; calls in particular for a close cooperation of the Fund with the European Union Agency for Fundamental Rights;
Amendment 135 #
2018/0166R(APP)
Paragraph 16
16. Intends to defend the Commission proposal on securing a sufficient level of funding for a strong, efficient and high- quality European public administration at the service of all Europeans; recalls that, during the current MFF, the EU institutions, bodies and agencies have implemented a 5% reduction inof the staff and believes that they should not be subject to any further reduction that would jeopardise directly the delivery of Union policiess in the establishment plan; recalls that this was achieving by eliminating posts that were vacant and by not replacing staff that left; notes, despite everything, that during the period 2012-2017, the total budget for contract staff increased by 33,4% in number; question, therefore, the relevance and the merits of such measure;
Amendment 149 #
2018/0166R(APP)
Paragraph 18 – point ii
iii. The relevant Commission proposal to be presented in time for the next Parliament and Commission to conduct a meaningful adjustment of the 2021-2027 framework, and no later than 1 January 20234;
Amendment 175 #
2018/0166R(APP)
Paragraph 27
27. Points out that detailed and effective review clauses should be included in the individual MFF programmes and instruments, in order to ensure that meaningful assessments of them are carried out and that Parliament is subsequently fully involved in any decisions taken on necessary adaptations; stresses that these reviews shall be carried out once there is sufficient information available about the implementation of the programmes, but no later than three years after the start of the programmes implementation;
Amendment 181 #
2018/0166R(APP)
Paragraph 29
29. Calls on the Commission to present the relevant legislative proposals on top of those which it has already tabled, to be decided on under the ordinary legislative procedure; requests, in particular, a proposal for a Regulation establishing an energy transition fund; requests, furthermore, the introduction of the European Child Guarantee in the ESF+, athe introduction of the internal European Democracy Fund in the Justice, Rights and Values, revision of the Regulation establishing the European Union Solidarity Fund and of the Regulation concerning humanitarian aid; considers that a revision of the Financial Regulation should also be proposed when the need arises as a result of the MFF negotiations;
Amendment 188 #
2018/0166R(APP)
Paragraph 31
31. Welcomes, in this context, as an important step towards a more ambitious reform, the Commission’s set of proposals adopted on 2 May 2018 on a new system of own resources; invites the Commission to take into account the Opinion No 5/2018 of the European Court of Auditors concerning the Commission's proposal on the new system of Own Resources of the European Union, which underlines that better calculation and further simplification of the system is needed;
Amendment 216 #
2018/0166R(APP)
Paragraph 37 a (new)
37 a. Calls on the Commission to come up with a proposal to address the paradoxical situation whereby contributions from the United Kingdom to the RAL pre-2021 will enter the budget as general revenue, thus being counted against the Own Resources ceiling, while that ceiling will be calculated on the basis of the EU 27 GNI, thus without the United Kingdom, once the country will have left the EU; considers that UK contributions should on the contrary be calculated on top of the Own Resources ceiling;
Amendment 234 #
2018/0166R(APP)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In order to fulfil the Union’s commitment to be a frontrunner in implementing the UN Sustainable Development Goals (SDGs) including gender equality, the MFF revision shall be prepared taking into account progress made in its implementation into all EU policies and initiatives of the 2021-2027 MFF, measured on the basis of performance indicators elaborated by the Commission; the MFF revision shall also be prepared taking into account progress made in swiftly achieving at least 30% climate-related spending, also measured on the basis of performance indicators.
Amendment 263 #
2018/0166R(APP)
Proposal for a regulation
Chapter 4 – Article 16
Chapter 4 – Article 16
Before 1 January 2024, the Commission shall present a review of the functioning of the MFF. This review shall, as appropriate, be accompanied by relevant proposalslegislative proposal for the revision of this Regulation in accordance with the procedures set out in the TFEU based on a review of the functioning of the MFF. Without prejudice to Article 6 of this Regulation, preallocated national envelopes shall not be reduced through such a revision. The proposal shall be prepared taking into account an assessment of the target of at least the 30% climate-related spending and the mainstreaming of the UN Sustainable Development Goals, including gender equality.
Amendment 271 #
2018/0166R(APP)
Proposal for a regulation
Chapter 7 – Article 24
Chapter 7 – Article 24
Amendment 269 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 2
Article 9 a – paragraph 2
2. When an application is created or a visa is issued, the VIS shall check whether the travel document related to that application is recognised in accordance to Decision No 1105/2011/EU, by performing an automatic search against the list of recognised travel documents referred to in Article 5a, and shall return a result.
Amendment 276 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EC) No 767/2008
Article 9 a – paragraph 5 a (new)
Article 9 a – paragraph 5 a (new)
5a. The VIS shall add a reference to any hit obtained pursuant to paragraph 3 to the application file.
Amendment 303 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 a (new)
Article 1 – paragraph 1 – point 22 a (new)
Regulation (EC) No 767/2008
Article 24 – paragraph 3
Article 24 – paragraph 3
(22a) in Article 24, paragraph 3 is replaced by the following: "3. The Member State responsible shall, as soon as possible, check the data concerned and, if necessary, correct or delete them immediately. " Or. fr (https://eur-lex.europa.eu/legal- content/EN/TXT/HTML/?uri=CELEX:32008R0767&from=EN)
Amendment 309 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 a (new)
Article 1 – paragraph 1 – point 24 a (new)
Regulation (EC) No 767/2008
Article 26 – paragraph 9 a (new)
Article 26 – paragraph 9 a (new)
(24a) In Article 26, the following paragraph 9a is inserted: "9a. Where eu-LISA cooperates with external service providers in any VIS- related tasks, it shall closely monitor the activities of the service provider to ensure compliance with this Regulation, in particular on security, confidentiality and data protection.";
Amendment 310 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 24 b (new)
Article 1 – paragraph 1 – point 24 b (new)
Regulation (EC) No 767/2008
Article 26 – paragraph 9 b (new)
Article 26 – paragraph 9 b (new)
(24b) In Article 26, the following paragraph 9b is inserted: "9b. The operational management of the VIS Central System shall under no circumstances be entrusted to a private company or private organisation."
Amendment 312 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point b
Article 1 – paragraph 1 – point 26 – point b
Regulation (EC) No 767/2008
Article 29 – paragraph 1 – point c
Article 29 – paragraph 1 – point c
(c) the data are accurate, up-to-date and of an adequate level of quality and completeness when they are transmitted to the VIS. For this purpose, Member States shall ensure that consular staff and the staff of any external service provider with which they are cooperating as referred to in Article 43 of Regulation (EU) No 810/2009 receive regular training on data quality.;
Amendment 317 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 26 – point d a (new)
Article 1 – paragraph 1 – point 26 – point d a (new)
Regulation (EC) No 767/2008
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
(da) In Article 29, the following paragraph is added: "3a. In relation to the processing of personal data in the VIS, each Member State shall designate the authority which is to be considered as controller in accordance with point (7) of Article 4 of Regulation (EU) 2016/679 and which shall have central responsibility for the processing of data by that Member State. Each Member State shall notify the Commission of the designation.";
Amendment 350 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 34
Article 1 – paragraph 1 – point 34
Regulation (EC) No 767/2008
Article 45a – paragraph 1 – subparagraph 1 – introductory part
Article 45a – paragraph 1 – subparagraph 1 – introductory part
The duly authorised staff of the competent authorities of Member States, the Commission, eu-LISA and the European Border and Coast Guard Agency established by Regulation (EU) 2016/1624 shall have access to consult the following data, solely for the purposes of reporting and statistics without allowing for individual identification and in accordance with the safeguards related to non-discrimination referred to in Article 7:
Amendment 367 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 35
Article 1 – paragraph 1 – point 35
Regulation (EC) No 767/2008
Article 45 b – paragraph 4
Article 45 b – paragraph 4
4. The VIS shall respond by indicating whether or not the person has a valid visa, long-stay visa, residence permit or residence card, providing the carriers with an OK/NOT OK answer.
Amendment 403 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 b – paragraph 2
Article 22 b – paragraph 2
2. Every time an individual file is created upon issuance or refusal pursuant to Article 22d ofc or 22d in connection with a long-stay visa or residence permit, and prior to any decision to issue such, the VIS shall launch a query by using the European Search Portal defined in Article 6(1) of [the Interoperability Regulation] to compare the relevant data referred to in Article 22c(2)(a), (b), (c), (f) and (g) of this Regulation with the relevant data, in the VIS, the Schengen Information System (SIS), the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS) includ. The VIS shall verify: (a) whether the travel document used for the application corresponds to a travel document reported lost, stolen, misappropriated or invalidated in SIS; (b) whether the travel document used for the application corresponds to a travel document reported lost, stolen or invalidated in the SLTD database; (c) whether the applicant is subject to a refusal of entry and stay alert entered in SIS; (d) whether the applicant is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (e) whether the applicant and the travel document correspond to a refused, revoked or annulled travel authorisation in the ETIAS Central System; (f) whether the applicant and the travel document are ing the watch list referred to in Article 2934 of Regulation (EU) 2018/XX for the purposes of establishing a European Travel Information and Authorisation System, [the ECRIS-TCN system as far as convictions related to1240; (g) whether data is already recorded in VIS on the same person; (h) whether the data provided in the application concerning the travel document correspond to another application for a long-stay visa, residence permit or residence card associated with different identity data; (i) whether the applicant is currently reported as an overstayer or whether he or she has been reported as an overstayer in the past in the EES; (j) whether the applicant is recorded as having been refused entry in the EES; (k) whether the applicant has been subject to a decision to refuse, annul or revoke a short-stay visa recorded in VIS; (l) whether the applicant has been subject to a decision to refuse, annul or revoke a long-stay visa, residence permit or residence card recorded in VIS; (m) whether the data provided in the application correspond to Europol data; (n) whether the applicant is registered in Eurodac; (o) whether the applicant is registered in the ECRIS-TCN system as having been convicted of a terrorist offences and or other forms of serious criminal offences are concerned], the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), and the Interpol T; (p) whether the travel document used for the application corresponds to a travel document recorded in the TDAWN database; (q) in cases where the applicant is a minor, whether the applicant's parental authority or legal guardian: (i) is subject to an alert in respect of persons wanted for arrest for surrender purposes on the basis of a European Arrest Warrant or wanted for arrest for extradition purposes in SIS; (ii) is subject to a refusal of entry and stay alert in SIS; (iii) holds a travel Ddocuments Associated with Notices database (Interpol TDAWN). in the watch list referred to in Article 34 of Regulation (EU) 2018/1240.
Amendment 436 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 q – paragraph 1
Article 22 q – paragraph 1
1. Each Member State and Europol shall ensure that all data processing operations resulting from requests to access to VIS data in accordance with Chapter IIc are logged or documented for the purposes of checking the admissibility of the request, monitoring the lawfulness of the data processing and data integrity and security, and self-monitoring. The operations shall be protected by appropriate measures against unauthorised access and erased two years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 439 #
2018/0152(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 40
Article 1 – paragraph 1 – point 40
Regulation (EC) No 767/2008
Article 22 q – paragraph 3
Article 22 q – paragraph 3
3. Logs and documentation shall be used only for monitoring the lawfulness of data processing, for monitoring the impact on fundamental rights, and for ensuring data integrity and security. Only logs which do not contain personal data may be used for the monitoring and evaluation referred to in Article 50 of this Regulation. The supervisory authority established in accordance with Article 41(1) of Directive (EU) 2016/680, which is responsible for checking the admissibility of the request and monitoring the lawfulness of the data processing and data integrity and security, shall have access to these logs at its request for the purpose of fulfilling its duties.
Amendment 459 #
2018/0152(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
Regulation (EC) No 810/2009
Article 21 a – paragraph 1 – introductory part
Article 21 a – paragraph 1 – introductory part
1. Assessment of security or illegal immigration or a high epidemic risks shall be conducted on the basis of the same safeguards and conditions as those laid down in Regulation 2018/1240 (ETIAS) and shall be based on:
Amendment 471 #
2018/0152(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Regulation (EU) No 2017/2226
Article 13 – paragraph 3
Article 13 – paragraph 3
3. In order to fulfil their obligation under point (b) of Article 26(1) of the Convention implementing the Schengen Agreement, carriers shall use the web service to verify whether a short-stay visa is valid, including if the number of authorised entries have already been used or if the holder has reached the maximum duration of the authorised stay or, as the case may be, if the visa is valid for the territory of the port of destination of that travel. Carriers shall provide the data listed under points (a), (b) and (c) of Article 16(1) of this Regulation. On that basis, the web service shall provide carriers with an OK/NOT OK answer. Carriers may store the information sent and the answer received in accordance with the applicable law. Carriers shall establish an authentication scheme to ensure that only authorised staff may access the web service. It shall not be possible to regard the OK/NOT OK answer as a decision to authorise or refuse entry in accordance with Regulation (EU) 2016/399. In cases where passengers are not allowed to board due to a query in VIS, carriers shall provide passengers with that information and the means to exercise their rights to access, rectification and erasure of personal data stored in VIS.
Amendment 44 #
2018/0105(COD)
Proposal for a directive
Recital 2
Recital 2
(2) In order to enhance security, combat money laundering and prevent tax evasion in the Member States and across the Union, it is necessary to improve access to information by Financial Intelligence Units and public authorities responsible for the prevention, detection, investigation or prosecution of serious forms of crimes, to enhance their ability to conduct financial investigations and to improve cooperation between them.
Amendment 46 #
2018/0105(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Financial fraud and money laundering affect the European tax payers. Combating those crimes, therefore, remains a vital priority for the EU.
Amendment 55 #
2018/0105(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The perpetrators of criminal offences, in particularsuch as financial fraud and money laundering, are often criminal groups and terrorists, often organisations, who operate across different Member States and their assets, including bank accounts, are often located in other Member States. Given the cross-border dimension of serious crimes, including terrorism, and of the related financial activities, it is often necessary for competent authorities carrying out criminal investigations to access information on bank accounts held in other Member States.
Amendment 59 #
2018/0105(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Directive (EU) 2015/849 has substantially enhanced the Union legal framework that governs the activity and cooperation of Financial Intelligence Units, including the possibility of establishing a coordination and support mechanism. The powers of Financial Intelligence Units include the right to access the financial, administrative and law enforcement information that they require to prevent, detect and combat money laundering, the associated predicate offences and terrorist financing. Nevertheless, Union law does not lay down all specific tools and mechanisms that Financial Intelligence Units must have at their disposal in order to access such information and accomplish their tasks. Since Member States remain entirely responsible for the setting up and deciding the organisational nature of Financial Intelligence Units, different Financial Intelligence Units have varying degrees of access to regulatory databases which leads to an insufficient exchange of information between law enforcement or prosecution services and Financial Intelligence Units.
Amendment 95 #
2018/0105(COD)
Proposal for a directive
Recital 25
Recital 25
(25) PAny personal data obtained under this Directive should only be processed in accordance with Directive (EU) 2016/680 and Regulation (EU) 2016/679 by competent authorities where it is necessary and proportionate for the purposes of prevention, detection, investigation or prosecution of serious crime.
Amendment 102 #
2018/0105(COD)
Proposal for a directive
Recital 29
Recital 29
(29) This Directive aims at ensuring that rules are adopted to provide Union citizens with a higher level of security by preventing and combating crime, pursuant to Article 67 of the Treaty on the Functioning of the European Union. Due to their transnational nature, the terrorist and criminal threatcross border organised crimes affect the Union as a whole and require a Union wide response. Criminals may exploit, and will benefit from, the lack of an efficient use of bank account information and financial information in a Member State, which can have consequences in another Member State. Since the objective of this Directive cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Directive does not go beyond what is necessary in order to achieve this objective.
Amendment 110 #
2018/0105(COD)
Proposal for a directive
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Any personal data processing under this Directive shall be subject to Directive (EU) 2016/680 and to Regulation (EU) 2016/679 in their respective scope of application, and any personal data obtained under this Directive shall only be processed by designated competent authorities and FIUs where it is necessary and proportionate for the purposes pursued by this Directive.
Amendment 162 #
2018/0105(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Each Member State shall ensure that its Financial Intelligence Unit is enabentitled to exchange financial information or financial analysis with any Financial Intelligence Unit in the Union where that financial information or financial analysis is necessary for the prevention and combating of money laundering, associate predicate offences and terrorist financing.
Amendment 179 #
2018/0105(COD)
Proposal for a directive
Article 10 – title
Article 10 – title
Amendment 185 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 191 #
2018/0105(COD)
Proposal for a directive
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 194 #
2018/0105(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Article 10 a Exchange of information between Europol and Financial Intelligence Units 1. Each Member State shall ensure that its Financial Intelligence Unit is entitled to reply to duly justified requests made by Europol through the Europol National Unit related to financial information and financial analysis already in its possession on a case-by-case basis within the limits of Europol’s responsibilities and for the performance of its tasks. 2. Where there are objective grounds for assuming that the provision of financial information or financial analysis would have a negative impact on ongoing investigations or analysis, or, in exceptional circumstances, where disclosure of the financial information would be clearly disproportionate to the legitimate interests of a natural or legal person or irrelevant with regard to the purpose for which it was requested, the Financial Intelligence Unit shall be under no obligation to comply with the request for information in line with the Europol regulation. 3. Europol shall provide feedback to the Financial Intelligence Unit about the use made of the financial information or financial analysis provided in accordance with this Article and about the outcome of the investigations or inspections performed on the basis of that information or analysis in line with Regulation(EU)2016/794.
Amendment 203 #
2018/0105(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The processing of sensitive personal information revealing a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation may only be allowed to the extent that it is strictly necessary and relevant in a specific case and subject to appropriate safeguards for the rights and freedoms of the data subject.
Amendment 94 #
2018/0104(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) The introduction of security standards and the integration of biometric data in identity cards and in residence cards of family members who are not nationals of a Member State should not generate a disproportionate increase of the fees for EU citizen and third country national.
Amendment 182 #
2018/0104(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3 a) The introduction of a security standards and the integration of biometric data in identity cards and in residence cards of family members who are not nationals of a Member State shall not generate a disproportionate increase of the fees for EU citizens and third country nationals.
Amendment 61 #
2018/0061(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Visa applications and decisions on applications are examined and taken by consulates. Member States should ensure that they are present or represented by another Member State in third countries whose nationals are subject to the visa requirement and ensure that consulates have sufficient knowledge of the local situation to ensure the integrity of the visa application procedure.
Amendment 62 #
2018/0061(COD)
Proposal for a regulation
Recital 5
Recital 5
Amendment 70 #
2018/0061(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure that nationals of third countries subject to the visa requirement can lodge their visa application in their place of residence even if no Member State is present for the purpose of collecting applicationsas close as possible to their place of residence, external service providers should be enabled to provide the necessary servicecollect applications for a fee exceeding the general maximum level.
Amendment 79 #
2018/0061(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In case of satisfactory cooperation or a lack of cooperation ofby certain third countries to readmit their nationals apprehended in an irregular situation and either satisfactory willingness or failure of those third countries to cooperate effectively in the return process, a restrictive and temporary application of certain provisions of Regulation (EC) No 810/2009 should on the basis of a transparent mechanism based on objective criteria, be applied to enhance a given third country's cooperation on readmission of irregular migrants, or to encourage its continuation.
Amendment 105 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 810/2009
Article 5 – paragraph 1 b
Article 5 – paragraph 1 b
(b) if the visit includes more than one destination, or if several separate visits are to be carried out within a period of two months, the Member State where the host organisation or undertaking is located, if applicable, or the Member State whose territory constitutes the main destination of the visit(s) in terms of the length of stay, counted in days; or, if the main destination cannot be ascertained, the Member States through whose external border the applicant intends to enter the territory of the Member States;
Amendment 112 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009
Article 1 – paragraph 1 – point 7 – point a Regulation (EC) No 810/2009
Applications may be lodged no more than six months, and for seafarers in the performance of their duties, no more than nine months before the start of the intended visit and, as a rule, no later than 15 calendar days before that start.;
Amendment 136 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 810/2009
Article 15
Article 15
Amendment 143 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16 – paragraph 1 (new)
Article 16 – paragraph 1 (new)
1a. Applicants whose data are already entered in the Visa Information System and whose biometric identifiers have been collected in accordance with Article 13 shall pay a visa fee of EUR 60.
Amendment 145 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulation (EC) No 810/2009
Article 16– paragraph 2
Article 16– paragraph 2
2. Children from the age of six years and below the age of 128 years shall pay a visa fee of EUR 40.;
Amendment 149 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point b
Article 1 – paragraph 1 – point 12 – point b
Regulation (EC) No 810/2009
Article 16 – paragraph 2 a
Article 16 – paragraph 2 a
Amendment 151 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point a
Article 1 – paragraph 1 – point 12 – point a
Regulations (EC) No 810/2009
Article 16 – paragraph 1 b (new)
Article 16 – paragraph 1 b (new)
1b. Applicants who are nationals of a third country that is considered to be cooperating sufficiently with Member States on the readmission of irregular migrants, in accordance with new Article 25a, shall pay a visa fee of EUR 60.
Amendment 155 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point d a (new)
Article 1 – paragraph 1 – point 12 – point d a (new)
Regulation (EC) No 810/2009
Article 16 – paragraph 4 – point d a (new)
Article 16 – paragraph 4 – point d a (new)
(da) family members of Union citizens as provided for in Article 5(2) of Directive 2004/38/EC.
Amendment 158 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point e a (new)
Article 1 – paragraph 1 – point 12 – point e a (new)
Regulation (EC) No 810/2009
Article 16 – paragraph 5 – point e a (new)
Article 16 – paragraph 5 – point e a (new)
(ea) paragraph 5(ca): applicants for a visa with limited territorial validity.
Amendment 162 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation (EC) No 810/2009
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 163 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point c
Article 1 – paragraph 1 – point 13 – point c
Regulation (EC) No 810/2009
Article 17 – paragraph 4 a
Article 17 – paragraph 4 a
Amendment 166 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point d
Article 1 – paragraph 1 – point 13 – point d
(d) paragraph 5 is deleted;amended as follows: ‘The Member State(s) concerned shall maintain the possibility for all applicants to lodge their applications directly at its/their consulates or at the consulate of a Member State with which it/they have a representation arrangement, in accordance with Article 40.’
Amendment 171 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point a – introductory part
Article 1 – paragraph 1 – point 14 – point a – introductory part
Regulation (EC) No 810/2009
Article 21 – paragraph 3 – point e
Article 21 – paragraph 3 – point e
(a) in paragraph 3, point (e) is replaced by the following:deleted.
Amendment 178 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 – point c
Article 1 – paragraph 1 – point 14 – point c
Regulation (EC) No 810/2009
Article 21 – paragraph 8
Article 21 – paragraph 8
8. During the examination of an application, consulates may in justified cases carry out an interview with the applicant and request additional documents.; Member States may use modern means of communication to interview the applicant.
Amendment 182 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EC) No 810/2009
Article 23 – paragraph 1
Article 23 – paragraph 1
Applications shall be decided within 10 calendar days of the date of the lodging of an application which is admissible in accordance with Article 19, or within five calendar days for visa applicants whose data are already recorded in the Visa Information System and whose biometric identifiers have been collected in accordance with Article 13.
Amendment 185 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 16 – point a
Article 1 – paragraph 1 – point 16 – point a
Regulation (EC) No 810/2009
Article 23 – paragraph 2
Article 23 – paragraph 2
That period may be extended up to a maximum of 4530 calendar days in individual cases, notably when further scrutiny of the application is needed.;
Amendment 193 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Article 1 – paragraph 1 – point 17 – point b
Regulation (EC) No 810/2009
Article 24 – paragraph 2 – point b
Article 24 – paragraph 2 – point b
(b) for a validity period of two years shall be issued, provided that the applicant has, within the preceding two years, obtained and lawfully used a previous multiple-entry visa valid for one year;
Amendment 194 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 17 – point b
Article 1 – paragraph 1 – point 17 – point b
Regulation (EC) No 810/2009
Article 24 – paragraph 1 c
Article 24 – paragraph 1 c
(c) for a validity period of five years, provided that the applicant has, within the preceding three years, obtained and lawfully used a previous multiple-entry visa valid for two years.;
Amendment 208 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 1
Article 25 a – paragraph 1
1. Article 14 (6), Article 16(1a) and (5), point (b), Article 23(1), and Article 24(2) shall not apply to applicants or categories of applicants, who are nationals of a third country that is considered not to be cooperating sufficiently with Member States on the readmission of irregular migrants, on the basis of relevant and objective data, in accordance with this Article. This Article is without prejudice to the powers conferred on the Commission by Article 24(2d).
Amendment 209 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 1 a (new)
Article 25 a – paragraph 1 a (new)
1a. Article 16(1b) shall apply to applicants who are nationals of a third country that is considered to be cooperating sufficiently with Member States on the readmission of irregular migrants, on the basis of relevant and objective data, in accordance with this Article.
Amendment 210 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2
Article 25 a – paragraph 2
2. The Commission shall regularly – at least once a year – assess third countries' cooperation with regard to readmission, taking account, in particular, of the following indicators:
Amendment 212 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2 – point c
Article 25 a – paragraph 2 – point c
(c) the number of readmission requests by Member State accepted by the third country as a percentage of the number of such applications submitted to it.
Amendment 214 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 2 a (new)
Article 25 a – paragraph 2 a (new)
2a. The Commission shall inform the Council and the European Parliament of the results of that analysis.
Amendment 217 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
4. The Commission shall examine any notification made pursuant to paragraph 3 within a period of one month. The Commission shall inform the Council and the European Parliament of the results of that analysis.
Amendment 221 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 5
Article 25 a – paragraph 5
5. Where, on the basis of the analysis referred to in paragraphs 2 and 4, the Commission decides that a country is cooperating or is not cooperating sufficiently, and that action is therefore needed in accordance with paragraphs 1 and 1a, it may, taking also account of the Union’s overall relations with the third country concerned, adopt an implementing act, in accordance with the examination procedure referred to in Article 52(2):
Amendment 222 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) No 810/2009
Article 25 a – paragraph 5 – point (a)
Article 25 a – paragraph 5 – point (a)
(a) temporarily suspending the application of either Article 14(6), Article 16(5) point (b), Article 23(1),6(1a) and (5) point (b) or Article 24(2), or of some or all of those provisions, to all nationals on the third country concerned or to certain categories thereof, or
Amendment 223 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EC) 810/2009
Article 25 a – paragraph 5– point b
Article 25 a – paragraph 5– point b
(b) applying the visa fee set out in Article 16(2a1b) to all nationals of the third country concerned or to certain categories thereof.
Amendment 233 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 22 – point b
Article 1 – paragraph 1 – point 22 – point b
Regulation (EC) No 810/2009
Article 32 – paragraph 3 a
Article 32 – paragraph 3 a
3a. The standard form for notifying and motivating refusal, annulment or revocation of a visa set out in Annex VI shall be available, as a minimum, in the following languages: (a) the official language(s) of the Member State for which a visa is requested; and (b) the official language(s) of the host country. In addition to the language(s) referred to in point (a), the form may be made available in any other official language(s) of the institutions of the European Union.; A translation of this form into the official language(s) of the host country shall be produced under local Schengen cooperation provided for in Article 48.
Amendment 262 #
2018/0061(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 33 – point b
Article 1 – paragraph 1 – point 33 – point b
Regulation (EC) 810/2009
Article 48 – paragraph 1 a – point (c)
Article 48 – paragraph 1 a – point (c)
(c) ensure a common translation of the application form, and of the standard form for notifying and giving reasons for refusal, annulment or revocation of a visa, where relevant;
Amendment 277 #
2018/0061(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Threewo years after [the date of entry into force of this Regulation], the Commission shall produce an evaluation of the application of this Regulation. This overall evaluation shall include an examination of the results achieved against objectives and of the implementation of the provisions of this Regulation.
Amendment 279 #
2018/0061(COD)
Proposal for a regulation
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. No later than one year after [the date of entry into force of this Regulation], the Commission shall submit an evaluation report to the European Parliament and to the Council on the abolition of visa stickers and the introduction of the digital visa making it possible for a Schengen visa to be issued simply by registering it in the VIS and sending an electronic notification to the applicant.
Amendment 283 #
2018/0061(COD)
Proposal for a regulation
Annex III
Annex III
Regulation (EC) 810/2009
Annexe VI – point 16
Annexe VI – point 16
Amendment 12 #
2017/2286(BUD)
Motion for a resolution
Recital E
Recital E
Amendment 25 #
2017/2286(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the slow recovery from, after many of them have been hard hit, for several years, by the consequences of the financial, economic and social crisis has fallen short of influencing positiv, citizens feely the day-to-day lives of EU citizens, while social inequalities keep on growingbeneficial effects of the renewed growth, the increase in employment and the stabilizing of public finances;
Amendment 33 #
2017/2286(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that, contrary to populist narrative, EU citizens expect the Union to do more, and to protect them from the consequences of global competition, climate change and international security threaclimate change, international security threats and the negative consequences of global competition, while helping them reap its benefits; believes that in order to fulfil these expectations, the EU must, within the remit of its competences, perform better, so as to narrow the gap in living standards between EU citizens, to prepare the European economy and EU citizens to face up to the challengefor the opportunity of digitalisation, to manage migration flows, and to put an end to various kinds of discrimination, such as discrimination against women or LGBTI people, while fully adhering to the EU 2020 strategy and, UN Sustainable Development Goals and the Paris agreement;
Amendment 47 #
2017/2286(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Believes that the 2019 EU budget must primarily answer to the challenges the EU youth is facing, through support for entrepreneurship and via an improved mobility at all levels of education and vocational training;
Amendment 52 #
2017/2286(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes that the priorities for the 2019 EU budget should be growth, innovation, competitivness, fight against climate change and transition to renewable energy, migration and security;
Amendment 53 #
2017/2286(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Calls on the Commission to fulfil the objectives of the Paris agreement and the EU’s own long-term climate goals by meeting the 20 % spending target for climate in current 2014-2020 MFF; stresses, in this regard, that the contribution for 2019 should significantly overshoot the overall target in order to offset the lower allocations made during the first years of the MFF and that the mechanism of climate change mainstreaming should be fully optimised;
Amendment 54 #
2017/2286(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Supports the widening of opportunities for the young people to participate in solidarity activities; calls for a swift roll-out and thorough implementation of the European Solidarity Corps following the foreseen adoption of the initiative in 2018;
Amendment 59 #
2017/2286(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact that, at the strong request of Parliament, the result of the conciliation on the 2018 EU budget was to increase the originally proposed specific allocation for the Youth Employment Initiative (YEI) by EUR 116.7 million of fresh appropriations, bringing its total amount to EUR 350 million in 2018, but points to the need to improve the implementation of the funds that has lagged behind; expects the 2019 budget to demonstrate great ambition to fight youth unemployment in accordance with the real absorption capacity in that area;
Amendment 63 #
2017/2286(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on the Commission to make available for 2019 the financial data on implementation of the Youth Employment Initiative broken down by national share to complement the data reporting on total costs that is currently publicly available; urges the Commission to improve synergies between the Youth Employment Initiative, the European Social Fund, and national budgets of the Members States to make sure that the YEI does not substitute for national funding for the NEETs;
Amendment 66 #
2017/2286(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Believes that, in the light of the celebration of its 30as proved by the volume of applications exceeding the anniversaryvailable funding, Erasmus+ remains the leading programme to foster youth mobility, learning and inculcateing key European values in young people, together with the EU’s culture programmes; believes that the 2019 Erasmus+ budget should be sufficient to answer positively to all eligible demands;
Amendment 70 #
2017/2286(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. RecommendsBelieves that research, competitiveness and SMEs are key to enable economic growth and job creation; underlines therefore the importance to providinge EU companies, especially SMEs, with a favourable environment for innovation, by properly financing the EU’s research programmes, such as Horizon 2020, and programmes that support SMEs, such as COSME; considers this to be necessary in view of the rapidly changing and highly competitive world and the profound changes in all sectors brought on by digitalisationresearch and investments to reach a genuinely competitive EU economy on a global level; stresses the importance of a stable and increased budget of Heading 1a, with a proper financing of the successful Horizon 2020, and programmes that support SMEs, such as COSME;
Amendment 75 #
2017/2286(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the potential for economic growth stemming from the technological transformation and calls for an appropriate role of the EU budget in supporting the digitalisation of the European industry and the promotion of digital skills and digital entrepreneurship.
Amendment 80 #
2017/2286(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls thatWelcomes the extension and enhancement of the European Fund for Strategic Investments (EFSI) and the expansion of the investment target enabled by the increase of the EU guarantee; reminds that the enlarged guarantee fund has been financed partly at the expense of Horizon 2020 and the Connecting Europe Facility (CEF); reiterates Parliament’s long-standing position that any new initiatives should be financed by new appropriations;
Amendment 86 #
2017/2286(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Stresses that the extended EFSI should make a significant progress in 2019 on delivering on better geographical coverage, so that all regions can equally benefit from the leverage provided by the EU budget guarantee; calls on the Member States to implement structural reforms that improve the investment environment and local capacities for successful implementation of EFSI support in all regions;
Amendment 93 #
2017/2286(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the Member States’ recent commitment to a renewed EU defence agenda, which seeks to enhance both hard and soft power, and considers it to be in line with the security concerns of citizens, in the light of rising global instability that is exacerbated by new types of threats; supports the recent Commission initiative to launch the European Defence Industrial Development Programme, as a first stage of the European Defence Fund; reiterates that it should not be financed by any redeployments from existing successful programmes;
Amendment 94 #
2017/2286(BUD)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that tackling internal security must remain the Union’s top priority and calls for the reinforced funding for this evolving policy; is convinced that the EU needs to invest more in the strengthening and the management of its borders, enhancing cooperation between law enforcement agencies and national authorities and fighting terrorism, radicalisation and organised crime, ensuring the interoperability of information systems; underlines, in this respect, the role played by the Internal Security Fund (ISF) and the need to adequately fund agencies in the areas of borders, security and justice; reminds that the financial envelope of this instrument was significantly reduced for 2018;
Amendment 96 #
2017/2286(BUD)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls for increased funding to combat the phenomenon of radicalization that breeds violent extremism within the Union; considers that this objective can be achieved by promoting integration and combating discrimination, racism and xenophobia;
Amendment 97 #
2017/2286(BUD)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Considers that tackling irregular migration and the reception of the asylum seekers is one of the main challenge; welcomes the role played by the Asylum, Migration and Integration Fund (AMIF); calls for adequate budgeting in 2019 for this fund in order to support dignified reception of asylum seekers in the Member States, fair return strategies, resettlement programs, legal migration policies and the promotion of effective integration of third country national; reaffirms the importance of having targeted financial means to tackle the root causes of the migrant and refugee crisis; stresses that, to this end, the EU budget must fund measures in the countries of origin of migrants and in the host countries of refugees, including, but not limited to, measures to tackle poverty, unemployment, educational and economic challenges and instability, conflict and climate change;
Amendment 98 #
2017/2286(BUD)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8 d. Calls on the Commission to present a proposal which would aim at providing at the European level for the expression of financial solidarity to victims of acts of terrorism and their families;
Amendment 101 #
2017/2286(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expects the negotiations on the 2019 budget to lead to realistic operational and administrative funding of the EU agencies and the new EU bodies, enabling them to accomplish their growing tasks of fighting organised crime, terrorism and border managemen against cross-border crime and cybercrime, drugs, fraud, money laundering, terrorism, support for asylum, judicial cooperation, police cooperation, border management, data protection, support for information systems on a large scale and support for fundamental rights; calls for the allocation of adequate resources to ensure the proper implementation and functioning of the European Public Prosecutor's Office; calls, in a more general way, for a thorough assessment of the strategic interest and tasks of all agencies and the possibilities of grouping agencies according to the strategic nature of their mission and their result;
Amendment 105 #
2017/2286(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Expects the negotiations on the 2019 budget to lead to realistic operational and administrative funding of the EU agencies, enabling them to accomplish their growing tasks of fighting organised crime, terrorism and border management, and completeing the Energy Union;
Amendment 117 #
2017/2286(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. StressBelieves that the Member States’ strong social protection systems have helped them to mitigate the consequences of the crisis; believes that the EU can support the Member States, while fully respecting their competences, by budgeting properly programmes which set out to fight inequalities, alleviate the worst forms of poverty, including child poverty, and overcome the negative effects of digitalisation on working conditions and social protection systemsEU budget should contribute to the efforts by the Member States, to fight inequalities, create growth and jobs, alleviate the worst forms of poverty, including child poverty, and prepare citizens to benefit from digitalisation;
Amendment 132 #
2017/2286(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reiterates its concern about delays to the implementation of the cohesion policy, and expects this important expresse Member States to get the implementation of theis EU’s territorial solidarity to getmost important investment policy up to speed; believes that sufficient levels of payment and appropriations for commitments should be provided in order for implementation to proceed smoothly;
Amendment 143 #
2017/2286(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that both the EU and the Member States should demonstrate solidarity towards migrantasylum seekers arriving in Europe in facing up to this challenge; reiterates the importance of the principle of burden-sharing among Member States in financing the efforts needed to provide sufficient support for refugees; believes that EU agencies and policies involved in or relating to the management of migration flows should be adequately financed to meet this challenge and that the EU, in order to mitigate the cost in the long term and by acting in a manner befitting its values, should also demonstrate solidarity in creating conditions for peace and prosperity in the countries of origin by placing greater emphasis on development policies; recalls that the redeployment of funding from development to security and defence objectives must be avoided;
Amendment 147 #
2017/2286(BUD)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Reiterates its position that the satellite budgetary mechanisms such as trust funds and other similar instruments circumvent the budgetary procedure, undermine transparency of budgetary management and obstruct the right of the Parliament to exercise effective scrutiny of expenditures; considers, therefore, that these external instruments that were created in recent years must be incorporated into the Union budget;
Amendment 2 #
2017/2275(INI)
Draft opinion
Recital A
Recital A
A. whereas forced marriage and early marriage, that is to say ‘marriage entered into without the free and valid consent of one or both spouses, or before the age of 18’1a, is a violation of the human rights enshrined in international conventions, and which form part of the core principles embodied in the European Union as an area of security, freedom, and justice; __________________ 1a United Nations Convention of 7 November 1962 on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages. Resolution 1468 (2005) of the Parliamentary Assembly of the Council of Europe on forced marriages and child marriages.
Amendment 7 #
2017/2275(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas, given that a minor aged under 18 cannot validly consent to marriage, child marriages must be regarded as forced marriages; whereas it is regrettable, therefore, that 144 out of 193 countries have no law banning child marriages;
Amendment 10 #
2017/2275(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas according to UN estimates almost 700 million women and 150 million men are in forced marriages which were contracted before they reached majority;
Amendment 13 #
2017/2275(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas early marriages and forced marriages in themselves constitute an obstacle to development, and whereas the fact that such marriages continue to be arranged has held back efforts to achieve goals 1 to 6 of the Millennium Development Goals, in particular in the areas of gender equality and the empowerment of women and girls, poverty reduction, education, maternal and child mortality and health, including sexual and reproductive health3a; __________________ 3aResolution of the General Assembly of the United Nations of 21 November 2014 on the abolition of forced marriage.
Amendment 21 #
2017/2275(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas early marriages and forced marriages pose a serious threat to the physical and mental health of women and girls, and in particular their sexual and reproductive health, by significantly increasing the risk of early, frequent and unwanted pregnancies, maternal and neonatal mortality and morbidity, obstetric fistula and sexually transmitted infections;
Amendment 27 #
2017/2275(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas education is one of the most effective ways of preventing early and forced marriages, of putting an end to these practices and of helping married women and girls make choices in full knowledge of the implications for their lives; whereas it is important to promote and safeguard the right of women and girls to education;
Amendment 42 #
2017/2275(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Condemns forced marriage, early marriage and the constraints – in whatever form – imposed on teenage girls and girl children in Europe and the rest of the world, since practices of this kind constitute a serious violation of human rights and, if the victim is under 18, abuse of a minor;
Amendment 44 #
2017/2275(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Points out that Article 37 of the Council of Europe’s 2011 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention) stipulates that the State Parties must criminalise ‘the intentional conduct of forcing an adult or a child to enter into a marriage’; deplores the fact, therefore, that only 12 EU Member States have criminalised forced marriage; 2 a __________________ 2a Psaila et al. Forced marriage from a gender perspective. Directorate General for Internal Policies. European Parliament. 2016. http://www.europarl. europa.eu/RegData/etudes/STUD/2016/55 6926/IPOL_STU%282016%29556926_E N.pdf
Amendment 49 #
2017/2275(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Emphasises the need to promote and safeguard the fundamental rights of all women and girls, in particular the right to express their sexuality and to take decisions relating to their sexuality freely and responsibly, in particular as regards their sexual and reproductive health, without facing constraints, discrimination or violence;
Amendment 62 #
2017/2275(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on those Member States which have not yet done so to criminalise forced and early marriages;
Amendment 66 #
2017/2275(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to draw up an action plan to help combat child, early, and forced marriage in the context of the EU’s relations with non-member countries, not least by making use of the ‘human rights clause’; calls, further, on the Member States to encourage efforts to combat early and forced marriages in their relations with third countries;
Amendment 74 #
2017/2275(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Member States to take integrated, comprehensive and coordinated measures to prevent and combat all forms of violence against women and girls, including child, early, and forced marriage, and, in particular by enhancing child protection mechanisms and facilitating access to justice and exchanging good practices, to offer girls, adolescent girls and women who are already married forms of protection such as safe reception centres;
Amendment 80 #
2017/2275(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the introduction, as part of the Schengen Information System, of a new alert which can be used to protect children at risk of forced marriage;
Amendment 45 #
2017/2270(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests that Commission submit, by 31 March 2019, on the basis of Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union, a proposal for a Regulation on establishing a European Humanitarian Visa, following the recommendations set out in the Annex to this resolution;
Amendment 59 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 2
Annex I – paragraph 1 – indent 2
– have Articles 77(2)(b) and 78(2)(g) of the Treaty on the Functioning of the European Union as legal basis,
Amendment 69 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 4
Annex I – paragraph 1 – indent 4
– recall that the so-called Asylum Procedures Directive2 and Dublin Regulation3 only apply on the territory of the Member States, while there is, at present, no regular means for asylum applicants to reach the territory where these instruments apply, _________________ 2 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L 180, 29.6.2013, p. 60). 3 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (OJ L 180, 29.6.2013, p. 31).
Amendment 73 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 4 a (new)
Annex I – paragraph 1 – indent 4 a (new)
– is of the view that a regulation for humanitarian visas should be complementary, in particular to the resettlement regulation, and provide a clear added value which cannot be provided by the instruments of the Common European Asylum System,
Amendment 77 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 5
Annex I – paragraph 1 – indent 5
– have as an objective to lay down provisions on the procedures and conditionguidelines for issuing a humanitarian visa to certain persons seeking international protection, to allow those persons to enter the territory of the Member State issuing the visa for the sole purpose of making an application for international protection in that Member State,
Amendment 80 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 6
Annex I – paragraph 1 – indent 6
– cover in its scope third-country nationals who must be in possession of a visa when crossing the external borders of the Member States, pursuant to Regulation (EC) No 539/20014 , and who are in need of protection against a real risk of being exposed to persecution or serious harm,ere the claims of exposure to or risk of persecution as defined in Directive 2011/95/(EU)5 , in line with the prohibition of refoulement, as recognised by the Charter of Fundamental Rights of the European Union, but who are not covered by [the new Regulation establishing a Union Resettlement Framework or] Directive 2001/55/EC6 ,are manifestly well founded. Member states shall further have the option to limit the scope for the issuing of a humanitarian visa to cases where a manifestly well-founded and immediate risk of persecution or further persecution would likely occur unless the person applying for the visa can avail themselves of the visa in order to leave their current geographical location. _________________ 4 Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1). 5 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9). 6 Council Directive 2001/55/EC of 20 July 2001 on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and on measures promoting a balance of efforts between Member States in receiving such persons and bearing the consequences thereof (OJ L 212, 7.8.2001, p. 12).
Amendment 84 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 6 a (new)
Annex I – paragraph 1 – indent 6 a (new)
– the regulation shall not impose an obligation on Member States to issue a humanitarian visa under certain given criteria but shall create a common framework for those Member States that wish to, on a case-by-case basis, issue humanitarian visas in order to facilitate the access to their territory for third country nationals that would otherwise not have been able to regularly enter into their territory in order to seek international protection.
Amendment 85 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 6 b (new)
Annex I – paragraph 1 – indent 6 b (new)
– a Member State that issues such a humanitarian visa shall have access to the same compensation from the AMIF funds as when a Member State receives a refugee through the European Resettlement Framework.
Amendment 93 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 8
Annex I – paragraph 1 – indent 8
– provide for admissibility criteria for such visa applications, includingthe practical modalities for an application such as the filling out of an application form, the provision of information on the applicant’s identity, including biometric identifiers (ten fingerprints and facial image taken life), and the provision of reasons, as far as possible documented, of the fear of persecution or serious harm,
Amendment 106 #
2017/2270(INL)
– provide that applications for such a visa, once declared admissible, be assessed on a prima facie basis to considerestablish whether applicants have an arguable manifestly well founded claim of exposure to a real risk of persecution or serious harm without conducting a full status determination process,
Amendment 109 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 12
Annex I – paragraph 1 – indent 12
– provide that each applicant for such a visa be subject to a security screening, including by searching SIS, ECRIS-TCN,, before the issuing of such a visa, each applicant be subject to a security screening, through the relevant national and Europolean data,bases, in order to ensure that he or she does not pose such aa security risk,
Amendment 121 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 16
Annex I – paragraph 1 – indent 16
– provide for such visas to be issued by means of a common sticker, and registered in a common European database,
Amendment 129 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 18
Annex I – paragraph 1 – indent 18
– provide that applications for such a visa be assessed by properly trained staff of the Member States and staff from competent Member State authorities with knowledge about the country of origin and having adequate expertise in Union asylum and fundamental rights law, having received appropriate training by the European Asylum Support Office,
Amendment 139 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 24
Annex I – paragraph 1 – indent 24
Amendment 143 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 25
Annex I – paragraph 1 – indent 25
– be evaluated after two years from the start of its application in view of deciding on a further progressive roll-out to cover ultimately all relevant refugee- producing third countries,
Amendment 153 #
2017/2270(INL)
Motion for a resolution
Annex I – paragraph 1 – indent 27 – subi. 5
Annex I – paragraph 1 – indent 27 – subi. 5
Amendment 51 #
2017/2256(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. NotWelcomes the effectiveness of the measures taken at the external borders and the creation of the European Border and Coast Guard Agency; notes the efforts of the Agency in implementing the new regulation, especially through joint operations in the field of border surveillance and return, and by supporting the Member States particularly affected by migratory pressure; sees the importance of the newly introduced vulnerability assessment mechanism in uncovering weaknesses at the common external borders and preventing crises; emphasises the concerted efforts and cooperation between agencies and other stakeholders in organising the ‘Hotspot’ approach;
Amendment 55 #
2017/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. NotWelcomes the steps taken through the amendment of the Schengen Borders Code and introduction of mandatory systematic register checks at entry and exit points for third-country nationals and for EU nationals, while remaining vigilant about the effects these requirements have on the border crossings of EU nationals;
Amendment 73 #
2017/2256(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers cooperation with third countries, in particular in the context of development policy, trade, access to regular labour migration and readmission agreements, as onsome of the most essential elements in finding the solution to irregular migration;
Amendment 82 #
2017/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes the ongoing reform of the SIS and the establishment of other large-scale information systems, such as SEA, ECRIS-TCN and ETIAS, as well as the objective of improving their interoperability while preserving the necessary safeguards, namely with regard to data protection and privacy;
Amendment 85 #
2017/2256(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that the work on proposals for interoperablity of information systems should be taken as an opportunity to improve and partially harmonise national IT systems and national infrastructure at border crossing points;
Amendment 90 #
2017/2256(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotWelcomes the work done in the field of cross-border police and judicial cooperation and cooperation between law enforcement cooperationagencies, and the work of Eurojust and EUROPOL, in particular the European Counter Terrorism Centre (ECTC) and the European Migrant Smuggling Centre, to counter organised crime, trafficking in human beings and terrorism through intelligence, information exchange and joint investigations;
Amendment 99 #
2017/2256(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’s efforts to elaborate the European Integrated Border Management (IBM) concept and strategy on the basis of the provisions in the European Border and Coast Guard Regulation;
Amendment 113 #
2017/2256(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that the current state of Schengen and the issues it has encountered are not due to problems in the structure and construction of Schengen itself but rather to the connected fields of the acquis, such as shortcomings in the area of the Common European Asylum System, including the Dublin Regulation, and controlmanagement of the external borders;
Amendment 120 #
2017/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses great concern regarding the implementation of the European Border and Coast Guard Regulation ((EU) 2016/1624) and underlines the need for Member States to comply with the requirements stipulated in the regulation, in particular regarding the commitments to contribute sufficient human resources and technical equipment both to joint operations and the rapid reaction equipment pool;
Amendment 132 #
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, proportionality and necessity of some prolongations of controls; 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;
Amendment 143 #
2017/2256(INI)
Motion for a resolution
Paragraph 13 – point 1 (new)
Paragraph 13 – point 1 (new)
(1) Underlines that a further prolongation of the existing -or the reintroduction of new- internal border controls would impose major economic costs to the EU as a whole by severely damaging the Single Market.
Amendment 146 #
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 external border control, such as the systematic consultation of databases during border checks and the thorough checking of the required entry conditions; is also concerned about the occasional unavailability of certain databases such as the SIS and the VIS at certain border crossing points; 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;
Amendment 194 #
2017/2256(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Stresses the need to improve the security of identity cards provided by the Member States to EU citizens; calls on the Commission to propose standards for the security and biometric features incorporated in identity cards, as is already the case with passports;
Amendment 201 #
2017/2256(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to boost the cooperation and the exchange of information between their intelligence services; in the short term, would like to see the creation of a European intelligence service.
Amendment 202 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures, under humane and dignified conditions, once a return decision has been issued; calls on the Member States to use the opportunity offered by Directive 2001/40/EC to acknowledge and implement a return decision taken by another Member State rather than making a new return decision or sending an irregular migrant back to the first issuing Member State; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detention;
Amendment 204 #
2017/2256(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to ensure swift return procedures, with full respect of fundamental rights, once a return decision has been issued; calls on the Member States to take specific steps to ensure adequate infrastructure, accommodation and living conditions for arriving asylum seekers, especially taking into consideration the needs of unaccompanied minors and families with minors; calls on the Member States to bring their detention facilities into line with the requirements so as to meet capacity demand, and to increase the use of alternative measures to detention; calls on the Members States to honour their resettlement commitments, as agreed by the European Council in September 2015 and reconfirmed by the European Court of Justice in September2017, in order to restore order to the management of migration and foster solidarity and cooperation within the EU.
Amendment 238 #
2017/2256(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to adopt a legislative proposal to include, in a common European repository, documents for long-stay visas, residence permits and permits allowing passage to a border in order to facilitate controls at external borders and improve the authentication of documents;
Amendment 240 #
2017/2256(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Welcomes the implementation of the ADEP pilot project, which aims to establish a system with an index enabling the user to know if an individual appears in the police register in one or more Member States, and calls on the Commission to adopt a legislative proposal to set up a European Police Record Index System;
Amendment 243 #
2017/2256(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Stresses the importance of reforming and adapting the SIS to face new challenges swiftly, namely regarding the protection of missing children who are at risk or missing, the immediate, obligatory exchange of information on terrorism and the mandatory exchange of information on return decisions; highlights the anticipated substantial increase in the activity of the Supplementary Information Request at the National Entry (SIRENE) Bureau and calls on Member States to reinforce the means at its disposal by ensuring that it has adequate financial and human resources to carry out its new functions;
Amendment 31 #
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, social media activists and human rights defenders, in order to reflect today’s profoundly changed media reality; whereas net neutrality is an essential principle for the open internet;
Amendment 76 #
2017/2209(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas a level playing field at European level is necessary for ensuring that search engines, social media platforms and other high-tech giants respect the rules of the EU Digital Single Market, such as e-privacy and competition;
Amendment 81 #
2017/2209(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. whereas the EU can only be credible on the global stage if press and media freedoms are safeguarded and respected within the Union itself;
Amendment 122 #
2017/2209(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the importance of ensuring adequate working conditions for journalists and media workers, in full compliance with the requirements of the EU Charter of Fundamental Rights and the European Social Charter, as a means to avoid undue internal and external pressure, dependency, vulnerability and instability, and hence the risk of self-censorship; highlights that independent journalism cannot be guaranteed and fostered by the market alone; asks the Commission and the Member States, therefore, to promote and elaborate new socially sustainable economic models aimed at financing and supporting quality and independent journalism; asks the Member States to strengthen financial support to public service providers and investigative journalism while refraining from involvement in editorial decisions;
Amendment 137 #
2017/2209(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on Member States to invest and support the provision of online literacy skills to citizens; underlines that online education is essential to safeguard the free access to media for EU citizens; reminds that the EU can act in assisting with the necessary coordination, research, development and finances to assist national efforts in this regard;
Amendment 156 #
2017/2209(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deplores the broad scope ofCalls to revise the Code of Conduct on Countering Illegal Hate Speech Online, promoted by the Commission, and to correct the large margin of manoeuvre left to private companies to determine what constitutes ‘illegality’, which could potentially lead to censorship and arbitrary restrictions on freedom of expression;
Amendment 168 #
2017/2209(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Encourages the development of ethical codes for journalists as well as for those involved in the management of media outlets, in order to ensure the full independence of journalists and media bodies;
Amendment 172 #
2017/2209(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recognises that the new digital environment has exacerbated the problem of the spread of disinformation, or the so- called ‘fake’ or ‘false’ news; recalls, however, that this is not a new phenomenon, nor is it restricted to the online sphere; stresses the importance of effective systems of self-regulation which are based on the principles of accuracy and transparency and which provide for proper obligations and instruments regarding source verification and fact checking, cutting off ‘fake’ news providers from advertising networks and fact checking by independent third parties to foster the objectivity of information and its protection;
Amendment 177 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Recognises that the role and investment of press publishers in investigative, professional and independent journalism and in media literacy and education, is essential for fighting against the proliferation of ‘fake’ news; calls on the need to ensure the sustainability of a pluralistic editorial press content, in particular regarding copyright, e-privacy and competition at EU level;
Amendment 183 #
2017/2209(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13 b. Emphasizes the need to invest more in developing strategic communication capabilities to spot and disclose deliberately false content and propaganda by third parties, raise awareness about disinformation and ensure better coordination of strategic communication efforts within the Member States, International organisations and civil society organisations;
Amendment 214 #
2017/2209(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Urges Member States to develop their own strategic capabilities and engage with local communities in the EU and EU neighbourhood to foster a pluralistic media environment and to communicate EU policies coherently and effectively;
Amendment 12 #
2017/2131(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU) and whereas those values, which are common to the Member States and are values to which all Member States have freely subscribed, constitute the foundation of the rights enjoyed by those living in the Union;
Amendment 13 #
2017/2131(INL)
Motion for a resolution
Recital B
Recital B
B. whereas any clear risk of a serious breach by a Member State of the values enshrined in Article 2 TEU does not concern solely the individual Member State where the risk materialises but has an impact on the other Member States, mutual trust between them and on the very nature of the Union and its citizens’ rights;
Amendment 16 #
2017/2131(INL)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Article 7 , paragraph 1, TEU constitutes a preventive phase endowing the Union with the capacity to intervene in the event of a clear risk of a serious breach of common values; whereas such preventive action provides for a dialogue with the Member State concerned and is intended to avoid possible sanctions;
Amendment 34 #
2017/2131(INL)
Motion for a resolution
Annex I – point 1 a (new)
Annex I – point 1 a (new)
(1a) According to Article 49 TEU, accession to the Union requires respect for and the promotion of the values referred to in Article 2. The accession of Hungary was a voluntary act based on national sovereignty, with a broad consensus across the Hungarian political spectrum.
Amendment 36 #
2017/2131(INL)
Motion for a resolution
Annex I – point 4
Annex I – point 4
(4) In its resolution of 17 May 2017 on the situation in Hungary, the European Parliament stated that the current situation in Hungary represents a clear risk of a serious breach of the values referred to in Article 2 TEU. and justified the triggering of the procedure provided for in Article 7, paragraph 1, TEU;
Amendment 37 #
2017/2131(INL)
Motion for a resolution
Annex I – point 5
Annex I – point 5
(5) A wide range of actors at the national, European and international level, have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary, includingIn its 2003 Communication on Article 7 of the Treaty on European Union1 a, the Commission cites the reports of international organisations and NGOs as sources of information enabling respect for common values to be monitored. In this regard, the Commission cites the United Nations Commission on Human Rights, the Council of Europe Commissioner for Human Rights, the OSCE and the NGOs Amnesty International, Human Rights Watch and the International Federation for Human Rights. These bodies and NGOs and also the EU institutions and bodies of the Union, the Council of Europe, the Organisation for Security and Co-operation in Europe (OSCE), the United Nations (UN), as well as numerous civil society organisations.are among the players at the national, European and international level which have repeatedly expressed their deep concerns about the situation of democracy, the rule of law and fundamental rights in Hungary. __________________ 1a COM(2003) 606
Amendment 59 #
2017/2131(INL)
Motion for a resolution
Annex I – point 10
Annex I – point 10
(10) In recent years the Hungarian Government has extensively used national consultations, including one on migration and terrorism launched in May 2015. On 27 April 2017, the Commission pointed out that the national consultation “Let’s stop Brussels” contained several claims and allegations which were factually incorrect or highly misleading. Nevertheless, the Hungarian Government subsequently continued to have recourse to similar consultations.
Amendment 93 #
2017/2131(INL)
Motion for a resolution
Annex I – point 20 a (new)
Annex I – point 20 a (new)
(20a) According to the anti-corruption report published by the Commission in 20141 b, corruption is perceived as widespread (89%) in Hungary. According to the 2017 Corruption Perceptions Index published by Transparency International, Hungary has lost 10 points in six years, making it one of the lowest ranked states in the European Union. Hungary is one of the greatest recipients of EU funds and more than half of public investment comes from EU funds. Hungary, however, has refused to participate in the European Public Prosecutor's Office set up to combat infringements affecting the Union budget. __________________ 1b COM(2014) 38
Amendment 60 #
2017/2125(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the basis for European integration is the upholding and promotion of human rights, fundamental freedoms, democracy, the rule of law and the values and principles enshrined in the European treaties and international human rights instruments;
Amendment 76 #
2017/2125(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the values referred to in Article 2 are shared by all the Member States and by virtue of Article 49 TEU, candidate States should not only uphold these values but also actively promote them; whereas the obligation to uphold and promote these values still applies after a State’s accession;
Amendment 81 #
2017/2125(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas the Union is a law-based community within which the principles of democracy, the rule of law and fundamental rights should be continually consolidated and whereas any attempt to undermine these principles is to the detriment not only of the Member State concerned but also of the Union as a whole;
Amendment 83 #
2017/2125(INI)
Motion for a resolution
Recital B c (new)
Recital B c (new)
Bc. whereas in its conclusions of 16 October 2017, the Council reaffirmed its commitment to the promotion of human rights and democratic principles; whereas the Union promotes the rule of law and fundamental rights in its foreign policy – particularly regarding candidate countries – and whereas the coherence and credibility of its actions require the thorough monitoring of the rule of law and fundamental rights within the Union itself;
Amendment 90 #
2017/2125(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in the 2017 State of the Union address, President Juncker stressed the importance of respecting European values and recalled that the independence of national courts is a pillar of the rule of law; whereas he also pointed out that the Member States had given final jurisdiction to the Court of Justice of the European Union and that its judgements should be respected by all;
Amendment 140 #
2017/2125(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the ongoing wave of terrorist attacks across the EU has fuelled widespread mistrust of Muslim migrants, and whereas certain political parties are exploiting this mistrust and employing the rhetoric of cultural isolationism and hatred of those who are different, which goes against EU values;
Amendment 155 #
2017/2125(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the political measures taken by a number of Member States in response to the ongoing influx of migrants include the reintroduction of internal border controls in the Schengen area, a step which is increasingly seen as permanent rather than just temporary and which is incompatible with EU integration;
Amendment 178 #
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, anonymous messages spread on social networks, including anonymous messages, protests or political propaganda, willare comeing to be seen as normal in the Member States;
Amendment 205 #
Amendment 209 #
2017/2125(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Asserts that neither national sovereignty nor subsidiarity can justify or legitimise the systematic refusal on the part of a Member State to comply with the principles of governance which inspired the introductory articles of the European Treaties which every Member State has willingly endorsed and committed themselves to respect;
Amendment 211 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Considers that the EU’s shared values constitute the foundations of European integration and underpin its legitimacy; takes the view, therefore, that, even during periods marked by a wave of challenges affecting the Union, it should be able to ensure that all the Member States continue to uphold these values;
Amendment 214 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Notes that compliance with the Copenhagen Criteria by the States at the time of their accession to the EU is not an irreversible achievement and that constant monitoring and dialogue are necessary; recognises in this respect the great responsibility incumbent on the Commission as guardian of the Treaties, on the European Parliament as the directly elected assembly representing EU citizens, and on the Council within which all the Member States should be able to discuss matters on equal terms;
Amendment 215 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recalls that Article 17(1) TEU assigns the Commission the role of guardian of the Treaties and, accordingly, it has the validity and authority to ensure that all the Member States are upholding the principles of the rule of law and the other values referred to in Article 2 TEU; considers, therefore, that the measures taken by the Commission to carry out the task and to ensure that the conditions which existed before a Member State’s accession are still being fulfilled, do not violate the sovereignty of the Member States;
Amendment 217 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Recalls the responsibility of the Council itself to be involved in matters of rule of law and governance; welcomes the idea of holding regular talks on the rule of law within the General Affairs Council and the readiness of a number of Member States to undertake initiatives to strengthen discussions on the rule of law and to address the matter in a constructive way; calls on the Council to continue down this path so that every Member State is subjected to regular evaluation;
Amendment 219 #
2017/2125(INI)
Motion for a resolution
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Considers that the abuses observed in certain Member States over several years are serious violations of the values referred to in Article 2 TEU; takes the view that the lack of results achieved from trying to address those situations undermines the EU’s credibility in the eyes of the other Member States, candidate countries and the rest of the international community; is concerned that the impunity for the observed abuses encourages other Member States to go down the same path; worries about the risk of certain Member States forming a coalition to block any EU attempt to tackle the issues in the Member States concerned; considers that the unanimity rule makes it impossible to impose any sanctions and that the impossibility of using sanctions after all channels for dialogue have been exhausted compromises the effectiveness of any preventive measures taken by the EU in this area;
Amendment 221 #
2017/2125(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes the Commission’s efforts to ensure that all Member States fully uphold the rule of law, but also the ineffectiveness of the instruments used thus far; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; and welcomes its intention to keep dialogue and exchanges with the Member States active and alive, but notes nonetheless the ineffectiveness of the instruments used thus far; considers that all channels of dialogue should be explored but that, without tangible results, they should not be prolonged indefinitely once it is clear that the heads of the Member States concerned are not interested in addressing the situation; insists that Article 7 of the TEU should no longer be regarded merely as a hypothetical tool, but should be employed if all other remedies have failed; recalls in that regard that the activation of Article 7 does not automatically mean that sanctions will be imposed on the Member State concerned; stresses that the first phase of activation involves, first and foremost, dialogue between the Council and the Member State concerned given that the latter has the right to be heard by the Council and can receive recommendations; recalls that this ‘preventive’ phase was created specifically to give the EU the ability to act swiftly to avoid resorting to sanctions;
Amendment 225 #
2017/2125(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Takes the view that the required unanimity and the imprecise nature of the possible sanctions referred to in Article 7 TEU contribute to the hypothetical character of the Article; considers that the question of sanctions should be discussed formally within and between the institutions;
Amendment 229 #
2017/2125(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StressesConsiders that the differences of interpretation and the non-compliance with the values referred to in Article 2 TEU pose a considerable risk to the cohesion of the European project, the rights of all Europeans and the mutual confidence needed between the Member States; stresses therefore that the EU needs a common approach to governance, which does not yet exist, and which must be developed by pooling experiences of European governance and by EU citizens and their leaders adopting it;
Amendment 234 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that this common approach to governance should include a common understanding of the role of the majority within a democracy to prevent abuses which could lead to a tyranny of the majority; takes the view that in a healthy democracy parliamentary debate and procedures are always respected and voices from civil society and the opposition are always listened to;
Amendment 235 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 236 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes the proposals made by Commissioner Jourová during her speech of 31 October 2017 which focused on the instruments needed to improve compliance with the rule of law within the EU; notes in particular the idea of creating stronger conditionality between the rule of law and the Cohesion Fund; considers it timely for the matter to be discussed by the institutions;
Amendment 237 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Notes the Rule of Law Checklist adopted by the Venice Commission as endorsed by the Committee of Ministers and the Parliamentary Assembly of the Council of Europe; considers that the six- criterion list should be a practical and objective tool for monitoring compliance with the rule of law;
Amendment 238 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Recalls the intrinsic link that exists between the rule of law and fundamental rights; notes the strong mobilisations of EU citizens through which they show their strong commitment to fundamental rights and European values; considers that EU citizens’ confidence in the European project will largely depend on the ability of the EU institutions to act as spokesperson for all EU citizens in that area and to become guarantor of those values;
Amendment 239 #
2017/2125(INI)
Motion for a resolution
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Recalls the need to make all Europeans more aware of the EU’s common values and the Charter on which their rights are based and of the impact that going against these values would have on their daily lives;
Amendment 241 #
2017/2125(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. PStresses the importance of monitoring the situation in every Member State, as recognised by the Commission in its 2003 communication1a; points out that in its resolution of 25 October 20161 it recommends the establishment of a European mechanism for democracy, the rule of law and fundamental rights; points out that this mechanism would be central to the coordinated European approach to governance which is currently lacking; _________________ 1Texts Adopted for that date, P8_TA(2016)0409.a Communication (2003)606 on Article 7 of the Treaty on European Union. Respect for and promotion of the values on which the European Union is based
Amendment 295 #
2017/2125(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes the view, therefore, that a clear distinction should be drawn between migrants who can legitimately claim refugee status and those who cannot; calls for migrants to be identified and for their requests for entry into the EU to be processed before they come;
Amendment 306 #
2017/2125(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly condemns the upsurge in the trafficking of human beings in Africa and towards Europe, the perpetrators of which – including official and governmental players – should be made to feel the full force of the law; recalls that children make up almost a third of asylum seekers and are particularly vulnerable; calls on the EU and on its Member States to step up their efforts to prevent unaccompanied minors from going missing and to stop them from falling into the hands of criminal networks;
Amendment 315 #
2017/2125(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Recalls that the number of refugees in the world is ever growing, calls on the EU and the Member States to strengthen the legal channels for refugees and, in particular, to increase the number of reinstallation places offered to the most vulnerable refugees;
Amendment 331 #
2017/2125(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that the return policy should fully comply with migrants’ fundamental rights including the right of non-refoulement; considers that the necessary attention should be given to the dignity of individuals being returned and asks, in this regard, that voluntary returns and assistance for reintegration into the societies of origin are strengthened;
Amendment 340 #
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 Europewelcomes the launch of the European Integration network, calls on the EU to step up and promote the exchange of best practices between Member States regarding the integration of migrants and to increase the involvement of migrants and civil society in the exchanges;
Amendment 358 #
2017/2125(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls the importance of guaranteeing the right to an education for immigrant children as a necessity for their personal development and for their integration into the host society; calls on the Member States to ensure that immigrant children go to school whilst taking into account their specific needs, particularly in terms of language learning; Stresses the need for measures to be taken as a matter of priority in all the Member States to give immigrant children access to education, language learning, healthcare, good living conditions and the opportunity to be reunited with their family;
Amendment 441 #
2017/2125(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that particular attention should be paid to the situation of women and the rights of women in the EU, be they immigrants, victims of abuse or modern slavery, alone or accompanied by children; points out that the EU and the Member States must set an example in this regard; urges the Member States to step up their efforts to combat sexual harassment and sexual aggression;
Amendment 466 #
2017/2125(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses concern at the rhetoric of hatred and fear directed at migrants entering Europe and the upsurge in anti- Islamic, anti-Semitic and anti-African rhetoric; condemns the normalisation of this discourse, including in the political sphere, and recalls that the fight against these phenomena relies on education and public awareness; calls on the Member States to introduce awareness-raising programmes in schools and urges the Commission to support the efforts made by Member States in this regard, particularly by creating guidelines for this process;
Amendment 481 #
2017/2125(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that social networks and the anonymity guaranteed by many different media platforms encourage many forms of expression of hatred, from jihadist preaching to anti-Islam speech, recalls that the internet cannot constitute a lawless area, and calls for this phenomenon to be curbed through closer monitoring and the identification and prosecution of the authors of statements or words incompatible with European culture and law; calls for social networks to be used to their full potential to spread counter arguments in a bid to promote equality and combat the rhetoric of hatred and intolerance online; believes that European funds should be fully utilised to support the efforts made by Member States in this regard;
Amendment 489 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that internet users are becoming younger and younger; insists on the need to include education about the value of tolerance in the school curriculum to provide children with the tools they need to identify hate speech and intolerance, whether of an anti-Muslim, anti-Semitic, anti-African, anti-Roma or anti-LGBTI nature or aimed at any other minority;
Amendment 491 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Believes that awareness of hate crimes should be systematised among police officers and judicial authorities in the Member States, and that the victims of these crimes should be advised and encouraged to report the incidents;
Amendment 492 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Welcomes the fact that the European Commission created a high- level group to combat racism, xenophobia and other forms of intolerance, consisting of two sub-groups, one dedicated to combating hate speech online and the other to improving the collection of data linked to hate crimes; calls on this high- level group to work in particular on issues relating to the harmonisation of the definition of 'hate crime' and 'hate speech' across Europe; believes that the group should also address hate speech and incitement to violence that can be attributed to political figures;
Amendment 493 #
2017/2125(INI)
Motion for a resolution
Paragraph 16 d (new)
Paragraph 16 d (new)
16d. Is concerned by the rise of openly racist political parties that advocate hatred and identitarian closure; believes that these parties are in contravention of the very idea of a European Union based on equality and lessons from the past; believes that the rise of these parties demonstrates the need for the EU to further emphasise the values upon which the European project is founded to ensure that each and every citizen feels invested in it; calls on the Commission to become more vigilant the moment these parties get close to power, given that they pose a direct threat to fundamental European rights and values as a whole;
Amendment 521 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Persons with disabilities Welcomes the progress in implementing the CRPD and the recent legislative advances geared towards improving accessibility for persons with disabilities; calls on the EU and the Member States to move forward on the issue of mutual status recognition between the Member States for persons with disabilities;
Amendment 534 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Women’s rights Welcomes the fact that every Member State has signed the Istanbul Convention and the European Union has acceded; calls on the Member States that have not yet ratified the convention to proceed in doing so;
Amendment 542 #
2017/2125(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Rights of minorities and discrimination Recalls that human rights are universal and no minority should suffer discrimination; stresses the need to encourage victims to report cases of discrimination and invites the EU and the Member States to step up their efforts in this regard; recalls, further, the importance of addressing the issue of discrimination against those who belong to several minorities and of raising awareness of their rights among minorities and legal professionals;
Amendment 1 #
2017/2083(INI)
Draft opinion
Paragraph –1 (new)
Paragraph –1 (new)
-1. whereas Africa and the European Union are linked by issues of migration and mobility and face common challenges with regard to security and measures against organised and crossborder crime;whereas it is necessary to tackle these issues together in a practical way;
Amendment 7 #
2017/2083(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises that the Africa-EU strategy must be able to take into account the considerable diversity of African countries and must therefore be able to adapt to the specific circumstances of each partner country;
Amendment 34 #
2017/2083(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Reiterates the importance of addressing the root causes of large movements of refugees and migrants; recalls that such efforts must entail enhanced political dialogue and cooperation to promote the rule of law, good governance, democracy, fundamental rights and gender equality;
Amendment 47 #
2017/2083(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Considers that policies on mobility between Africa and the European Union should on no account result in a brain drain from Africa but should on the contrary place the emphasis on exchanges of knowlege in order to enable young people, in particular, who come from Africa to participate in the development of their countries of origin;
Amendment 50 #
2017/2083(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Reiterates its call for reinforcement of legal channels for people who need international protection;recalls that the countries of sub-Saharan Africa are sheltering more than 26% of all the refugees in the world;calls on the European Union to display solidarity towards countries which receive these refugees, particularly by increasing its commitments to resettlement;calls, in this context, for the establishment of a European resettlement framework which can easily be acted upon by Member States and which encourages the Union and its Member States to play a crucial and exemplary role with regard to resettlement worldwide;
Amendment 51 #
2017/2083(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Calls furthermore on the European Union and its Member States to cooperate with and provide assistance to African countries that are faced with movements of refugees or prolonged crises, with a view to increasing their asylum capacities and protection systems;recalls that all cooperation with regard to migration and asylum must have the aim of promoting respect for the principles concerning fundamental rights that govern Europe's migration and asylum policies;
Amendment 52 #
2017/2083(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Recalls the importance of providing the maximum information to potential migrants regarding the dangers inherent in irregular migration routes, but also regarding their prospects within the European Union, particularly in the fields of employment and training;
Amendment 53 #
2017/2083(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Recalls that two global compacts, relating to migration and refugees respectively, are to be drawn up by 2018 under the auspices of the United Nations and that it is desirable to step up the Africa-EU dialogue in advance in order, if possible, to identify shared priorities;
Amendment 54 #
2017/2083(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5f. Considers that policy on return should take greater account of the issue of the reintegration of the people concerned in their societies of origin and that programmes should be promoted to assist voluntary return and assist migrants who return;
Amendment 62 #
2017/2083(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Welcomes the willingness to place the emphasis on youth within the Africa- EU partnership;calls on the European Union and its Member States to step up their cooperation with African countries to combat the enrolment of child soldiers, female genital mutilation, forced marriages and any other breaches of children's rights;
Amendment 66 #
2017/2083(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Recalls that terrorism and organised crime are threats to both continents and that the dismantling of criminal networks and efforts to prevent impunity should be integral parts of Africa-EU cooperation in these fields;regards promotion of the rule of law and expansion of police and judicial capacities within African partner countries as priorities;calls for cooperation between those countries and the Union and the Eurojust and Europol agencies to be stepped up;
Amendment 9 #
2017/2071(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EIB Group financial activities include both lending own resources and fulfilling the various mandates granted to it with the support of the EU budget and third parties such as EU Member States;
Amendment 13 #
2017/2071(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the EIB maintained a solid profitability in 2016 financial standing accordance withing to the forecast for that year2016, with a net annual surplus of EUR 2.8 billion;
Amendment 15 #
2017/2071(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the EIB should continue to strengthen its efforts to expand its loan activities effectively by providing technical advisory, especially in regions with low levels of investment capacity, while reducing administrative burdens for applicants;
Amendment 20 #
2017/2071(INI)
Motion for a resolution
Recital G
Recital G
G. whereas safeguards against fraud, including tax fraud and money laundering, and risks of financing terrorism are contained in the EIB Group contractual provisions included in the contracts signed by the EIB group and its counterparties; whereas the EIB Group should requires that its counterparties comply with all applicable legislation; whereas additional contractual provisions addressing specific transparency and integrity issues should bare imposed by the EIB Group on the basis of due diligence results;
Amendment 23 #
2017/2071(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the currenteconomic crisis has significantly weakened economic growth in the EU and that one of the main contributing factorfallouts is the decline in investment in the EU; underlines that the fall in public and private investment has reached alarming levels in the countries most affected by the crisis, as evidenced by Eurostat’s findings; expresses concern about macroeconomic imbalances and unemployment rates that remain significant in some Member States;
Amendment 28 #
2017/2071(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the EIB Group’s willingness to enhance EU competitiveness, provide real support for growth and job creation, and contribute to solving current politicalsocio-economic challenges within and outside the EU, by pursuing its overarching public policy goals relating to innovation, SMEs and midcap finance, infrastructure, the environment, economic and social cohesion, and the climate; recalls that these objectives also necessitate the provision of public goods; insists that, in order to achieve the Europe 2020 strategy objectives successfully, all EIB Group activities should not only be economically sustainable, but also contribute to a smarter, greener and more inclusive EU;
Amendment 42 #
2017/2071(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that according to the Corporate Operational Plan 2017-2019 the value of the EIB loans signed is forecast to rise once again in 2019 (to EUR 76 billion, following a fall from EUR 77 billion in 2014 to EUR 73 billion in 2016); points out that the current context should encourage the bank to adopt more ambitious objectives and to increase the loans signed by the EIB; recalls that the EIB should play a fundamental role in the implementation of the Europe 2020 strategy through the Horizon 2020 instrumentinstruments such as for example Horizon 2020 and Connected Europe Facility;
Amendment 49 #
2017/2071(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the EIB’s commitment to tackling the phenomenon of forced displacement androot causes of migration and taking action in countries particularly affected by the migration crisis, including by strengthencomplementing humanitarian action and providing support for economic growth, the construction of infrastructure and job creation; expects the EIB Group, to this end, to step up its efforts in coordinating its Economic Resilience Initiative and the External Lending Mandate currently under revision with the establishment of the EFSD mid-2017;
Amendment 53 #
2017/2071(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expects a rapid agreement to be reached on the prolongation of EFSI action, and that the revised fundand adjustment of the European Fund for Strategic Investments, and that the revised fund and the enhanced European Investment Advisory Hub will enable the problems identified in the previous versioncurrent scheme, namely in relation to additionality, geographic balance and advisory hub activities, to be overcome;
Amendment 63 #
2017/2071(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that the EIB’s NCJ Policy needs to be ambitious; notes that relying onon- cooperative jurisdictions (NCJs) Policy needs to be ambitious; welcomes the adoption by the EIB of an interim approach with regard to the NCJ Policy and tax sensitive jurisdictions and notes that the EIB Group NCJ policy will be revised following the adoption of the common EU list of third country jurisdictions that fail to comply with tax good governance standards, which is expected to be endorsed by the Council of the EU by the end of 2017 and which will prevail over other lead organisations’ lists in the case of conflict, is a positive but insufficient step, and calls for. Welcomes the inclusion of country-by- country reportactual safeguards requiring without exemptions to be made a key part of the EIB’s corporate social responsibility strategy, bes counterparties to comply with applicable legislation currently in force the EU adopts its legislation in the fieldincluding but not limited to country- by-country reporting;
Amendment 69 #
2017/2071(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Asks the EIB to take greaterWelcomes the fact that the EIB takes into account of the tax impact in countries where investment is made and of how this investment contributes to development and reducing inequality;
Amendment 72 #
2017/2071(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that using criteria for selecting financial intermediaries and being in possession of up-to-date information on beneficial ownership of companies, including trusts, foundations and tax havens, are best practices to be permanently followed; welcomes the fact that the EIB identifies during the due diligence process the beneficial owners of such companies; invites the EIB Group to further reinforce its contractual conditions by integrating a clause on or reference to good governance in order to mitigate risks to integrity and reputation;
Amendment 80 #
2017/2071(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Welcomes the fact that the EIB Group’s transparency policy is based on a presumption of disclosure and that everyone can access EIB Group documents and information; recalls its recommendation for the publication on the EIB Group website of non-confidential documents, such as Corporate Operational Plans for previous years, interinstitutional agreements and memorandums, and urges the EIB Group not to stop there, but to continue raising the bar and constantly looking for ways to improve;
Amendment 89 #
2017/2071(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. UrgNotes the EIB Group to adopt the whistleblowing policy review that has already been announced, which is to update the previous policy dating from 2009ongoing revision of the EIB Group´s whistleblowing policy;
Amendment 102 #
2017/2071(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Warns, in this respect, that market- driven instruments risk shifting the focus of the EU budget from EU public common goods and expectncourages the EIB Group to reinforce its reporting to the Commission on the quality as opposed to the quantity of its financing in the context of financial instruments;
Amendment 114 #
2017/2071(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Underlines that the pricing ofdue diligence of investment projects financed by the EIB Group products should be based on both factors related to financial return and factors related not to financial return, but instead to the achievement of other kinds of objectives, such as the contribution of the project to upward economic convergence and cohesion in the EU, or to the achievement of the Europe 2020 targets or the 2030 SDGs; considers that the EIB Group should explain these non-financial criteria to institutional and private investors (for example, pension funds and insurance companies) in an appropriate manner, thus promoting an increased focus on socio- economic and environmental impact across the financial sector;
Amendment 64 #
2017/2069(INI)
1. Recalls that EU legislation on security should be up-to-date, effective and efficient in preventing, detecting and reacting to evolving security threats; calls for the urgent implementation of the European Agenda on Security, the finalisation of pending legislation, better enforcement of existing EU legal instruments in this field, and more efficient information exchange and coordination among Member States and with EU agencies; emphasises that the harmonisation of internal and external EU action in the field of security is essential for the efficient protection of EU citizens;
Amendment 82 #
2017/2069(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers de-radicalisation and the prevention of radicalisation an absolute priority for the EU and strongly advocates the strengthening of specific cross- sectorial programmes targeting ‘home-grown terrorists’education, voluntary and cultural activities, youth work and de- radicalisation programmes in institutions, local communities, civil society, religious communities and regional administrations; calls on Member States to address radicalisation holistically and to take advantage of the expertise of the Radicalisation Awareness Network set up at the initiative of the Commission; underlines that the prevention of radicalisation can also be supported through actions funded by EU programs such as European Structural and Investment Funds, Horizon 2020, or Europe for Citizens;
Amendment 93 #
2017/2069(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that victims of crime and terrorism must be guaranteed a minimumn appropriate level of rights without discrimination across the EU, and that they should be treated with respect and dignity and receive appropriate support in accordance with their individual needs and for their families; underlines that a rising number of European citizens have suffered terrorist attacks in a country that it’s not its’ own, and therefore urgently asks for the establishment of protocols in Member States to help non-national Europeans in case of a terrorist attack in line with the Directive 2015/0281/EU on combatting terrorism; stresses the need for a specific Directive of protection of victims of terrorism;
Amendment 14 #
2017/2068(INI)
— having regard to the Budapest Convention on Cybercrime of 23 November 20012 and the Additional Protocol thereto, _________________ 2 Council of Europe, European treaty Series, No 185, 23.11.2001.
Amendment 18 #
2017/2068(INI)
Motion for a resolution
Citation 20 a (new)
Citation 20 a (new)
— having regard to the European Strategy for a Better Internet for Children (COM(2012) 196) and the Commission report of 6 June 2016 entitled 'Final evaluation of the multi-annual EU programme on protecting children using the Internet and other communication technologies (Safer Internet)' (COM(2016) 364),
Amendment 20 #
2017/2068(INI)
Motion for a resolution
Citation 20 b (new)
Citation 20 b (new)
— having regard to the Council conclusions of 9 June 2016 establishing the European Judicial Cybercrime Network,
Amendment 59 #
2017/2068(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, given the cross-border nature of cybercrime, cooperation between Member States and, in particular, between their police and judicial authorities is essential for conducting effective investigations in cyberspace and obtaining electronic evidence;
Amendment 60 #
2017/2068(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas there is a need to enhance existing exchange between judicial authorities and experts in the field of cybercrime and investigations in cyberspace expressed most recently by practitioners in the context of the Illegal Trade on Online Marketplaces (ITOM) Project, as highlighted in the Council conclusions of 9 June 2016;
Amendment 63 #
2017/2068(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the TELE2 judgment of the CJEU, while confirming that data retention is an essential tool in the fight against serious crime and terrorism, imposes stringent limits on police and judicial access to the data of cybercrime suspects;
Amendment 68 #
2017/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas children are using the internet at an increasingly early age and are particularly vulnerable to online grooming and other forms of sexual exploitation online, misuse of personal data, hate messages, online harassment and other forms of abuse and therefore require special protection;
Amendment 102 #
2017/2068(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that the fight against cybercrime is a priority under the European Agenda on Security of 28 April 2015;
Amendment 150 #
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 to continue to support Europol's Victim Identification Task Force;
Amendment 183 #
2017/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to step up information exchanges via Europol and Eurojust on the challenges they face in the fight against cybercrime, as well as on solutions to address them;
Amendment 202 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Insists on the need for action in the area of online content and conduct harmful to children in order to protect them from the risks inherent in cyberspace; calls for efforts to be pursued in the context of the European strategy for a Better Internet for Kids (BIK strategy 2012);
Amendment 207 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Insists on the need for Member States which have not yet done so to criminalise not only online grooming but also cyberstalking and luring children online, i.e. where adults communicate online with a minor or a person they believe to be a minor for the purpose of subsequently committing a crime against that person, whether or not such contacts lead to a proposal to meet; in this connection, calls on the Commission to bring forward a legislative proposal to criminalise cyberstalking;
Amendment 245 #
2017/2068(INI)
17a. Expresses concern at the use by internet service providers of carrier-grade network address translation technologies (NAT CGN) which make it possible for several users to share a single IP address at the same time, jeopardising online security and liability; calls on the Member States to encourage internet service providers and network operators to take the steps needed to limit the number of users per IP address, phase out the use of CGN technologies and make the investment required to introduce as a matter of urgency the next generation of internet protocol addresses (version 6 - IPv6); calls on the Commission to monitor the progress made in this area and, if necessary, propose legislative measures;
Amendment 270 #
2017/2068(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to work together with the Member States and the third countries concerned and with the private sector to draw up a common framework for cooperation with service providers in connection with requests to obtain specific categories of data, in particular subscriber data, where this is authorised by the laws of a third country or where another comparable solution is available which makes for the prompt, lawful disclosure of the data in question; this framework should seek to prevent inconsistent interpretations and conflicts between existing sets of rules and tackle the question of the non-disclosure of data requests; it should also lay down common necessity and proportionality criteria for requests made to service providers, so that lawful access to this data can be obtained;
Amendment 297 #
2017/2068(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on service providers to make provision for clear types of referral and set up a properly defined back office infrastructure which makes it possible to act quickly and appropriately on referrals;
Amendment 299 #
2017/2068(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21b. Calls on service providers to step up their efforts to raise awareness of the risks inherent in going online, in particular for children, by developing interactive tools and information materials;
Amendment 300 #
2017/2068(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; deplores the fact that the use by internet servive providers of technologies such as NAT CGN seriously hampers investigations by making it technically impossible to identify who exactly is using an IP address and thus who is responsible for online crimes; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperative for reasons of security and justice;
Amendment 308 #
2017/2068(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Member States to step up and improve their cooperation in the fight against cybercrime, and emphasises the need to optimise the use of existing 24/7 contact points and make more frequent use of joint investigation teams, in order to facilitate information sharing and speed up mutual legal assistance procedures;
Amendment 339 #
2017/2068(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Emphasises the need to develop the practical basis for a common EU approach to the issue of jurisdiction in cyberspace, as pointed out at the informal meeting of justice and home affairs ministers held on 26 January 2016;
Amendment 342 #
2017/2068(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Calls on those Member States which have not yet done so to ratify and apply in full the Convention on Cybercrime of 23 November 2001 and its additional protocols;
Amendment 352 #
2017/2068(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the need to find ways of seizing and obtaining e-evidence more quickly and the importance of close cooperation between law enforcement authorities and the private sec, third countries and service providers active on European territory on the issue of access to e-evidence; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from responding to foreign law enforcement requests;
Amendment 368 #
2017/2068(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Calls on the Commission to work closely with the Member States, Eurojust and third countries to consider and draw up recommendations on ways of adapting, if necessary, the existing standardised forms and procedures used in making requests to seize and obtain e-evidence;
Amendment 369 #
2017/2068(INI)
Motion for a resolution
Paragraph 31 b (new)
Paragraph 31 b (new)
31b. Calls on the Commission to develop a secure online portal for electronic requests and replies concerning e-evidence and the corresponding procedures and guidelines and training modules on the effective use of the existing frameworks used when seizing and obtaining e-evidence, including guidelines to clarify when, under the existing rules, the use of mutual legal assistance or mutual recognition instruments is not necessary;
Amendment 30 #
2017/2052(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the rise in the budget of the European Union must not increase the overall burden of public expenditure in Europe (1% of GDP), and any increase in the European Union’s budget should therefore primarily be achieved by transferring actions hitherto performed by the Member States at national level to the EU and making the corresponding appropriations available; whereas this should consequently result in greater effectiveness corresponding to European added value;
Amendment 62 #
2017/2052(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is convinced that the next MFF should build on the Union’s well- established policies and priorities, which aim at promoting peace, democracy and human rights, at boosting welfare, long- term and sustainable economic growth, high-quality jobs, sustainable development and innovation, protecting healthy living environment, fighting climate change and at fostering economic, social and territorial cohesion, as well as solidarity between Member States and citizens; considers that these pillars are prerequisites for a properly functioning single market, the Energy Union and Economic and Monetary Union as well as for reinforcing Europe’s position in the world; trusts that they are more relevant than ever for Europe’s future endeavours;
Amendment 102 #
2017/2052(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls, therefore, for continuous support for existing policies, in particular the long-standing EU policies enshrined in the Treaties, namely the common agricultural and fisheries policies, and the cohesion policy; rejects any attempt to totally renationalise these policies, as this would neither reduce the financial burden on taxpayers and consumers, nor achieve better results, but would instead hamper growth and the functioning of the single market while widening the disparities between territories and economic sectors; intends to secure the same level ofan adequate funding for the EU-27 for these policies in the next programming period while further improving their added value and simplifying the procedures associated with them;
Amendment 115 #
2017/2052(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Supports, in order to assist the Commission in its ambition to invest in human capital, the creation, in the next Multiannual Financial Framework (MFF), of a programme devoted to the development of vocational training and apprenticeships;
Amendment 151 #
2017/2052(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 175 #
2017/2052(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that the decision on the duration of the MFF should strike the right balance between two seemingly conflicting requirements: on the one hand, the need for several EU policies – especially those under shared management, such as agriculture and cohesion – to operate on the basis of the stability and predictability of a commitment of at least seven years, and, on the other hand, the need for democratic legitimacy and accountability that results from the synchronisation of each financial framework with the five-year political cycle of the European Parliament and the European Commission;
Amendment 180 #
2017/2052(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines, therefore, the need for the MFF’s duration to move progressively towards a 5+5 period with a mandatory mid-term revision; calls on the Commission to elaborate a clear proposal setting out the methods of the practical implementation of a 5+5 financial framework;
Amendment 184 #
2017/2052(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 207 #
2017/2052(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls, in particular, for a substantial increase in the financial envelope of the Flexibility Instrument of up to an annual allocation of at least EUR 2 billion; recalls that the Flexibility Instrument is not linked to any specific policy field and can thus be mobilised for any purpose that is deemed necessary; considers, therefore, that this instrument can be mobilised to cover any new financial needs as they occur during the MFF;
Amendment 210 #
2017/2052(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points to the role of the Emergency Aid Reserve in providing a rapid response to specific aid requirements for third countries for unforeseen events, and stresses its particular importance in the current context; calls for a substantial increase in its financial envelope of up to an annual allocation of EUR 1 billion;
Amendment 213 #
2017/2052(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes, in particular, the significant mobilisation of the EU Solidarity Fund to provide assistance in a number of serious natural disasters with substantial budgetary consequences; stresses also the positive impact that this instrument has on public opinion; proposes the reinforcement of its financial envelope to an annual allocation of EUR 1 billion;
Amendment 230 #
2017/2052(INI)
Motion for a resolution
Subheading 9
Subheading 9
Amendment 233 #
2017/2052(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
Amendment 236 #
2017/2052(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
Amendment 245 #
2017/2052(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Agrees that the search forachieving real European added value should be one of the main principles guiding the EU institutions when deciding about the type of spending in the next MFF; points out, however, the existence of multiple interpretations of the concept and calls for a clear definition of the criteria thereof that should take territorial specificities into account;;
Amendment 255 #
2017/2052(INI)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Considers that better spending, i.e. the efficient use of every single euro of the EU budget based on critical assessment of current expenditure, can be achieved not only by directing EU resources towards actions with the highest European added value and the greatest increase in the performance of the EU’s policies and programmes, but also by achieving greater synergies between the EU budget and the national budgets, and by ensuring the tangible improvement of the spending architecture;
Amendment 258 #
2017/2052(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Reiterates that focus should equally be put on the relationship between spending and performance of the EU budget; supports the recommendations of the 2016 Annual Report of the European Court of Auditors, for an efficient measurement framework of indicators for the spending programmes, more streamlined and balanced reporting on performance, and an easier access to the assessment results.;
Amendment 263 #
2017/2052(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Underlines that the ‘health check’ of EU spending cannotshould provide for a reduction in the level of EU ambition or a sectoralisation of EU policies and programmes, nor should it lead to a replacement of grants by financial instrumentsn opportunity to re-prioritize with a view to generating some savings, as the great majority of actions supported by the EU budget are not suitable to be funded by the latter;
Amendment 278 #
2017/2052(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Questions the justification and added value of establishing instruments outside the Union budget; considers that decisions to set up or maintain such instruments are in reality driven by attempts to conceal the real financial needs and to bypass the constraints of the MFF and own resources ceilings; deplores that they often also result in bypassing Parliament in its triple responsibility as legislative, budgetary and control authority and lead to less transparency towards the general public and beneficiaries;
Amendment 299 #
2017/2052(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Recalls its request to the Commission to identify EU policy areas where grants could be combined with financial instruments and to reflect on a proper balance between the two; is convinced that subsidies should remain the predominant way of funding the EU project in the next MFF; underlines thatfor clearer division between instruments. The Commission should identify EU policy areas, which are best served by grants, those that could be better suited by financial instruments, and those where grants could be combined with financial instruments and to reflect on a proper balance between the two; underlines that the use of loans, guarantees, risk- sharing and equity financing should be used with caution, based on appropriate ex-ante assessments and only when their use can demonstrate a clear added value and a leverage effectin the next MFF must be accompanied by major efforts to facilitate access to these instruments for beneficiaries, in particular for start-ups, SMEs and mid- caps;
Amendment 318 #
2017/2052(INI)
Motion for a resolution
Paragraph 65
Paragraph 65
65. Believes, therefore, that the current presentation of the headings requires some improvements, but is against any unjustified radical changes; proposes, as a result, the following structure for the MFF post-2020; Heading 1: A stronger and sustainable economy Including programmes and instruments supporting: under direct mcalls on the Commission to propose a new structure for the MFF post-2020; transport, digitalisation, energy environment and climate chanagement: - research and innovation - industry, entrepreneurship and small and medium-sized enterprises - large-infrastructure projects - - adaptation - - - supporting investments in Europe (possible umbrella agriculture and rural development maritime affairs and fisheries horizontal (financial) instrument at EU level, incl. EFSI) Heading 2: Stronger cohesion and solidarity in Europe Including programmes and instruments supporting: - cohesion (under shared management): investments in innovations economic, social and territorial education and life-long learning culture, citizenship and health and food safety asylum, dmigitalisation, reindustrialisation, SMEs, transport, climate change adaptation employment, social affairs and social inclusion - - communication - - justice and consumers - national administrations Heading 3: Stronger responsibility in the world Including programmes and instruments supporting: - development - - - - - external relations facilities Heading 4: Security, peace and stability for all Including programmes and instruments supporting: - - - policy - Heading 5: An efficient administration at the service of Europeans - - equipment of EU institutionsration and integration, support to and coordination with international cooperation and neighbourhood enlargement humanitarian aid trade contribution to EU trust funds and security crisis response and stability common foreign and security defence financing EU staff financing the buildings and
Amendment 333 #
2017/2052(INI)
Motion for a resolution
Paragraph 67
Paragraph 67
67. Highlights the importance of completing the European research area, the energy union, the Single European Transport Area and the digital single market as fundamental elements of the European single market and reiterates the need for appropriate funding of the Connecting Europe Facility as strategic tool to support the attainment of these objectives;
Amendment 399 #
2017/2052(INI)
Motion for a resolution
Paragraph 75
Paragraph 75
75. Considers it essential to secure a sustainable and affordablclean, stable and competitive energy supply in Europe; calls, therefore, for the continuous support for investments ensuring the diversification of energy sources, increasing energy security andsustainable investments that stimulate renewable energy sources, enhancinge energy efficiency, including by CEF Energy; stresses in particular the importance of providing for comprehensive support, especially for carbon-intensive regions, energy transition, transition to a low-carbon economy, the modernisation of power generation and grids, carbon capture storage and utilisation technologies, and the modernisation of district heating; considers that the transformation of the energy sector in the light of the climate objectives should be supported by the creation of an Energy Transition Fund under the next MFF that would facilitate the structural changes in energy-intensive industries and carbon-intensive electricity production plants, and create incentives for low-carbon investments and innovative solution as a first fuel, increase energy security and energy independence from import of energy sources and that support new and innovative energy and industrial technologies that are in line with Europe’s long-term climate commitments;
Amendment 427 #
2017/2052(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Affirms that the common agricultural policy is fundamental for food security and autonomy, the preservation of rural populations, sustainable development and the provision of high-quality and affordable food products for Europeans; stresses the need to secure agricultural production in all parts of the EU as well as in the areas of natural constraints; points out that food requirements have increased, as has the need to develop environmentally friendly farming practices and the need to tackle climate change; underlines that the CAP is one of the most integrated policies and is mainly financed at EU level and, therefore, replaces national spending;
Amendment 452 #
2017/2052(INI)
Motion for a resolution
Paragraph 78
Paragraph 78
78. Expects the global amount of direct payments to be kept intact under the next MFF, as they generate clear EU added value and strengthen the single market by avoiding distortions of competition between Member States; opposes any total renationalisation and any national co- financing in that respect; stresses the need to increase funding in line with responses to the various cyclical crises in sensitive sectors, to create new instruments that can mitigate price volatility and to increase funding for Programmes of Options Specifically Relating to Remoteness and Insularity (POSEI); concludes, therefore, that the CAP budget in the next MFF should be at least maintained at its current level for the EU-27receive an adequate funding for the EU-27 based on an analysis of the needs and taking into account the evaluation of the implementation of the policy;
Amendment 467 #
2017/2052(INI)
Motion for a resolution
Paragraph 80
Paragraph 80
80. Stresses the importance of the EU’s leading role in tackling cneed for appropriate financial resources to be provided to ensure that EU can meet its international oblimgate change and its internal and external biodiversity commitments and goals; asks for appropriate financial resources to be provided to implement the Paris agreement and thorough climate mainstreaming of future EU spendiions made under the Paris Agreement and UN Sustainable Development Goals as well as its internal and external biodiversity commitments and goals; underlines the importance of sustaining and strengthening the EU’s leading role in tackling climate change; recalls that the next MFF should help the Union to achieve its 2030 climate and energy framework objectives; underlines that the EU should not finance projects and investments that are contrary to the achievement of these goals; calls for thorough climate mainstreaming of future EU spending;
Amendment 472 #
2017/2052(INI)
Motion for a resolution
Paragraph 80 a (new)
Paragraph 80 a (new)
80a. Draws attention to the first recommendations of the High Level Expert Group on Sustainable Finance1a,including those relating to the multiannual financial framework, and emphasize that the sustainability objectives must be supported by a financial system capable of promoting long-term, sustainable growth; calls on the Commission also to examine and address these recommendations for the next Multiannual Financial Framework, including the need to develop a 'sustainability test' for all future EU financial regulations and policies, and for financial instruments to achieve greater policy steering effects; __________________ 1a https://ec.europa.eu/info/sites/info/files/17 0713-sustainable-finance-report_en.pdf
Amendment 493 #
2017/2052(INI)
Motion for a resolution
Paragraph 81
Paragraph 81
81. StressUnderlines that cohesion policy post- 2020 should remainis the main investment policy of the European Union covering all EU regions while concentrating the majority of the resources on the most vulnerable ones; believes that, beyond the goal of reducing the disparities between levels of development and enhancing convergence as enshrined in the Treaty, it should focus on the achievement of the broad EU political objectives and proposes, therefore, that under the next MFF, the three cohesion policy funds – the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund – should concentrate mainly on providing support for innovation, structural reforms, digitalisation, reindustrialisation, SMEs, transport, climate change adaptation, employment and social inclusion; calls, moreover, for a reinforced territorial cooperation component and an urban dimension for the policy;
Amendment 509 #
2017/2052(INI)
Motion for a resolution
Paragraph 82
Paragraph 82
82. Considers maintaining thStresses the need for an adequate financing of cohesion policy post-2020 for the EU-27 at least abased on an analysis of the needs and taking into account the level of the 2014- 2020 budget to be of the utmost importancealuation of the implementation of the policy; stresses that GDP should remain one of the parameters for the allocation of cohesion policy funds, but believes that it should be complemented by an additional set of social, environmental and demographic indicators to better take into account new types of inequalities between EU regions; supports, in addition, the continuation under the new programming period of the elements that rendered cohesion policy more modern and performance-oriented under the current MFF;
Amendment 518 #
2017/2052(INI)
Motion for a resolution
Paragraph 82 a (new)
Paragraph 82 a (new)
82a. Considers that the allocation of structural funds post-2020 for the EU-27 shall be conditional on the respect of the fundamental principles of the rule of law, the acceptance of the control by the European Public Prosecutor of the use made of these funds, the acceptance of an effective solidarity in the sharing of the burdens resulting from common European policies; considers, furthermore, that macroeconomic conditionality shall be maintained when allocating these funds.
Amendment 549 #
2017/2052(INI)
Motion for a resolution
Paragraph 84
Paragraph 84
84. Emphasises in particular the continuous need to fight unemployment, especially among young people, and calls, therefore, for a doubling of the Ysubstantial strengthening of initiatives to boost youth Eemployment Initiative envelope in the next programming period; considers that investment to boost education and training, especially the development of digital skills, remains one of the top priorities of the EU; insists that the Union's resources in support of these initiatives result in a net increase in the funds available for NEETs (young people not in employment, education or training) and shall not replace expenditure previously financed by national budgets.
Amendment 586 #
2017/2052(INI)
Motion for a resolution
Paragraph 86
Paragraph 86
86. Expects that in the post-2020 period, the European Union will move from crisis-management mode to a permanent, European common policy in the field of asylum and migration; stresses that the actions in this field should be covered by a dedicated instrument, i.e. the Asylum, Migration and Integration Fund; emphasises that the future fund, as well as the relevant Justice and Home Affairs (JHA) agencies, must be equipped with an adequate level of funding for the whole of the next MFF to address the comprehensive challenges in this area; believes, furthermore, that the Asylum, Migration and Integration Fund (AMIF) should be complemented by additional components tackling this issue under other policies, in particular by the cohesion funds and the instruments financing external actions, as no single tool could hope to address the magnitude and complexity of needs in this field; recognises, moreover, the importance of cultural, educational and sports programmes in integrating refugees and migrants into European society;
Amendment 606 #
2017/2052(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Stresses that the world is confronted with multiple challenges including conflicts, cyber-attacks, terrorism, disinformation, natural disasters, climate change, biodiversity loss; marine pollution; human rights violations and protracted crises; believes that the Union has a particular political and financial responsibility which is founded on rules- based foreign policy, cooperation with partner countries, poverty eradication and crisis response;
Amendment 608 #
2017/2052(INI)
Motion for a resolution
Paragraph 88
Paragraph 88
88. Stresses that the world is confronted with multiple challenges including conflicts, cyber-attacks, hybrid warfare, terrorism, disinformation, natural disasters, climate change, human rights violations and protracted crises; believes that the Union has a particular political and financial responsibility which is founded on rules-based foreign policy, cooperation with partner countries, poverty eradication and crisis response;
Amendment 673 #
2017/2052(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Welcomes initiatives by the institutions, bodies and agencies to further enhance efficiency through increased administrative cooperation and the pooling of certain functions, thereby generating savings to the Union budget; highlights that, for certain agencies, further efficiency gains could be made, especially through increased cooperation among agencies with similar tasks, such as in the field of the financial market supervision and of agencies with multiple locations; calls, in a more general way, for a thorough assessment of the strategic interest and tasks of all agencies and the possibilities of grouping agencies according to the strategic nature of their mission and their result;
Amendment 2 #
2017/2044(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that Parliament's reading of the 2018 Budget fully reflects the political priorities adopted by an overwhelming majority in its abovementioned resolutions of 15 March 2017 on general guidelines and of 5 July 2017 on a mandate for the trilogue; recalls that jobs, sustainable growth and, security and tackling climate change are at the core of those priorities;
Amendment 8 #
2017/2044(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights that the Union continues to face numerous challenges and is convinced that, while maintaining budget discipline, the necessary financial resources need to be deployed from the Union budget, in order to meet the political priorities and allow the Union to deliver answers and effectively respond to those challenges; underlines that Union spending should be targeted to areas with genuine European added value, tackling issues with cross-border nature and always respecting the principle of subsidiarity;
Amendment 32 #
2017/2044(BUD)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Welcomes the fact that more and more Member States consider that cohesion funds should be a tool for guaranteeing solidarity in all Union policies, in particular for migration issues;
Amendment 34 #
2017/2044(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. BelieveRecalls that, while the peak ofUnion managed to put in place mechanisms helping to cope with the migratory and refugee crisis, seems to have passed,till over one hundred thousand refugees and migrants have arrived to Europe by sea so far in 2017 according to the UNHCR; therefore believes that the Union must stand ready to respond to any unforeseen event in this area and moreover pursue more proactive approach in the field of migration; therefore urges the Commission to continuously monitor the adequacy of allocations under Heading 3 and make full use of all available instruments to respond in a timely manner to any unforeseen event that might require additional funding; decides therefore to reinforce in a limited manner the Asylum Migration and Integration Fund and the Internal Security Fund; notes, once again, that the Heading 3 ceiling is vastly insufficient to provide for appropriate funding for the internal dimension of the migration and refugee crisis as well as other priority programmes, such as culture programmes;
Amendment 50 #
2017/2044(BUD)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Reminds that the Union budget must support the fulfilment of the objectives of the Paris Agreement and the Union’s own long-term climate goals by achieving the target of 20 % climate spending in the 2014-2020 MFF; regrets that the Commission has failed to put forward concrete and realistic proposals to achieve these goals; therefore proposes increases above the level of the DB for climate-related actions; notes however that these increases are not sufficient and calls on the Commission to present all the necessary proposals to reach the goals in the forthcoming amending letter and in the following draft budgets;
Amendment 55 #
2017/2044(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses that the trend by the Commission to resort to satellite budgetary mechanisms such as the Facility for Refugees in Turkey, trust funds and other similar instruments has not always proven to be a success; is concerned that the establishment of financial instruments outside the Union budget could threaten its unity and circumvent the budgetary procedure; considers, indeed, that it undermines the transparent management of the budget and hampers the right of the Parliament to exercise effective scrutiny of expenditures; considers, therefore, that external financial instruments which emerged in recent years must be incorporated into the Union budget, with Parliament having full scrutiny over the implementation of these instruments;
Amendment 66 #
2017/2044(BUD)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Warns that such cuts would jeopardize programmes with real European added value and a direct impact on job and growth creation, such as Horizon 2020 or CEF; points out, in particular, that sufficient funding for Horizon 2020 is essential to allow for the development of research and, innovation in Europe and for SMEs, leadership in digitalisation and for the support of SMEs in Europe; recalls that this programme has demonstrated a strong European added- value with 83% of Horizon 2020-funded projects that would not have gone ahead without Union-level support; reiterates the importance of the CEF funding instrument for the completion of the TEN-T network and for achieving a Single European Transport Area; consequently decides to reverse all cuts made by the Council and, furthermore, to fully restore the original profile of the Horizon 2020 and CEF lines that were cut for the provisioning of the EFSI Guarantee Fund;
Amendment 74 #
2017/2044(BUD)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the importance of stimulating cooperative defence research in Europe for addressing key capability shortfalls at a time when international developments increasingly require Europe to step up its efforts on defence; fully supports the increased allocation for the Preparatory Action on defence research but calls for a defence research programme with a dedicated budget within the next Multiannual Financial Framework; reiterates, nevertheless, its longstanding position that new initiatives should be financed through fresh appropriations and not at the expense of existing EU programmes; underlines, furthermore, the need to improve the competitiveness and innovation in the European defence industry that can contribute to stimulate growth and job creation;
Amendment 95 #
2017/2044(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Notes that, while the number of migrant crossings on the Central and Eastern Mediterranean routes into the Union fell in the first eight months of 2017, pressure on the Western Mediterranean route remains high; according to IOM, 134,549 migrants and refugees entered Europe by sea in the first nine months of 2017, compared with 302,175 arrivals across the region through the same period last year, with over 75 % arriving in Italy and the remainder divided between Greece, Cyprus and Spain; is of the opinion that additional funding is needed to fully cover the needs of the Union in the field of migration, notably through the Asylum, Migration and Integration Fund;
Amendment 102 #
2017/2044(BUD)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights the crucial role played by the EU agencies in the area of justice and home affairs in addressing pressing concerns of Union citizens; decides therefore to increase budgetary appropriations and staffing of Europol, including the creation of 7 staff posts for the new operating unit called Europol operating unit for missing children, as well as to reinforce Eurojust, EASO and CEPOL; reiterates the contribution of these agencies to enhancing cooperation between Member States in the field;
Amendment 153 #
2017/2044(BUD)
Motion for a resolution
Paragraph 56
Paragraph 56
56. Recalls also the significance of the European Globalisation Adjustment Fund (EGF), the Emergency Aid Reserve (EAR) and the EU Solidarity Fund (EUSF); supports the Commission’s intention to provide for a quicker mobilisation of the EUSF by putting most of its annual amount in a reserve in the Union budget, on top of the amount already budgeted for advances; regrets the Council’s cut in that respect and restores partially the DB level, with the exception of the amount which has been frontloaded to 2017 via amending budget 4/2017 and the mobilisation of the EUSF for Italy; extends the scope of the EUSF to provide assistance to victims of acts of terrorism and their families;
Amendment 3 #
2017/2043(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that in its resolution of 15 March 2017, Parliament confirmed that sustainable growth, jobs and, security and climate change are the core issues and main priorities for the 2018 EU budget;
Amendment 16 #
2017/2043(BUD)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that Trump Administration's decision to dismantle key climate programmes highlights the importance of delivering on EU's commitment to achieving the goals set at COP21; regrets, in this regard, that the EU is currently falling short of meeting the spending target of at least 20% of the EU budget on climate-related action in 2014-2020 MFF; reiterates, therefore, its position that the EU budget must support the fulfilment of the objectives of the Paris climate agreement and the EU's own long-term climate goals by speeding up the implementation of the 20% spending target and underlines, in this respect, that the contribution for 2018 should offset the lower allocations from the first half of the current MFF; stresses also that European-funded projects should not have a negative impact on the climate change mitigation and on the transition towards a circular, low carbon economy;
Amendment 22 #
2017/2043(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates its firm conviction that in order to achieve sustainable growth and job creation in the EU, investments in research, innovation, infrastructure, education and SMEs are key; welcomes in this respect the proposed reinforcements to Horizon 2020, the Connecting Europe Facility (CEF) and Erasmus+ as these programmes will contribute directly to reaching these goals; regrets, however, that the proposed allocation for COSME is lower in comparison with the 2017 budget and points to the need to further reinforce SMEs, which are the main source of job creation in the EU and have a crucial role in reducing the investment gap and contributing to the prosperity of the EU;
Amendment 31 #
2017/2043(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls the crucial role of SMEs in job creation and reduction of the investment gap and underscores that their adequate funding must remain one of the top priorities of the EU budget; regrets, in this respect, that the proposed allocation for COSME is lower in comparison with the 2017 budget, points to the need to further reinforce SMEs and calls for full delivery on the programme's financial commitments in the rest of the current MFF;
Amendment 43 #
2017/2043(BUD)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the quick uptake of funds in the SME Window of EFSI and welcomes its intended scale-up in the proposed extension of EFSI; welcomes the Commission's attempt at streamlining SME financing within Horizon 2020, regrets however the lack of a holistic approach to SME funding that would allow for a clear overview of total funds available;
Amendment 48 #
2017/2043(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Welcomes the EU initiatives and long-term perspective in the field of defence research and technology development and acquisition, which will contribute to achieving economies of scale in the sector and thus lead to greater coordination among Member States in the field; believes that this kind of pooling and sharing of resources can enable a better use of tax payer's money and offers a potential for savings; underlines also the need to improve the competitiveness and innovation in the European defence industry and to stimulate growth and job creation;
Amendment 55 #
2017/2043(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Stresses the importance of mainstreaming biodiversity protection across the EU budget, and reiterates its previous call for a tracking methodology that takes into account all biodiversity related spending and its efficiency;
Amendment 59 #
2017/2043(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Regrets thatWelcomes the Move2Learn, Learn2Move initiative by the Commission has not followed up on Parliament’s request to put forward an assessment and relevant proposals for an ‘18th Birthday Interrail Pass for Europe’; is convinced that this proposal has the potential to boost European consciousness and identity and can serve as a concrete example of European added value; strongly reiterates its previous call on the Commission to put forward relevant proposals in this regarda positive step to increase mobility, intercultural experience and European identity of the youth, while supporting learning and promoting low-emission travel and combination of various means of transport; believes that any possible future actions beyond this one-off initiative should be socially and geographically inclusive and always linked to educational objectives, based on multimodal and decarbonised transport, and not undermine the budget of other existing successful EU youth programmes;
Amendment 69 #
2017/2043(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the fact that the draft budget 2018 includes an additional allocation for the Youth Employment Initiative (YEI), responding thus to Parliament’s previous calls for the continuation of the programme; notes, in parallel, the proposal for draft amending budget 3/2017 that integrates the provision of EUR 500 million in commitments for YEI, as agreed upon by Parliament and the Council in the 2017 budgetary conciliation; is convinced that while the proposed amounts alone will not be sufficient to tackle youth unemployment, YEI will continue to contribute to the Union’s priority objective of growth and jobs; insists on the need to provide an effective response to youth unemployment across the European Union and underlines that YEI can be further improved and become more efficient;
Amendment 80 #
2017/2043(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. StressNotes that in 2018, cohesion policy programmes are expected to reach cruising speed and emphasises Parliament’s commitment to ensuring adequate appropriations for these programmes; is however preoccupied by the unacceptable delays in the implementation of operational programmes at national level; calls on Member States to ensure that the designation of managing, auditing and certifying authorities is concluded and implementation is accelerated;
Amendment 83 #
2017/2043(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Welcomes the fact that more and more Member States consider that cohesion funds should be a tool for guaranteeing solidarity in all Union policies, in particularly for migration issues;
Amendment 103 #
2017/2043(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Reaffirms that tackling the root causes of the migratory and refugee crisis represent the long-term sustainable solution and that investments in the countries of origin of migrants and refugees are key to achieving this objective; notes thereforwelcomes, in this regard, the External Investment Plan (EIP) and calls for the swith surpriseft agreement among the institutions and rapid implementation of the European Fund for Sustainable Development (EFSD); notes the decreases in Heading 4 which cannot be fully justified in the framework of past budgetary increases or low implementation rate; is convinced that the EU cannot enter in a post-migratory crisis scenario yet and that the efforts to address the instability in the Eastern and Southern Neighbourhood must be enhanced;
Amendment 127 #
2017/2043(BUD)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Reiterates its support for the implementation of the Commission's strategy 'Budget Focused on Results' and calls on continuous improvement of the quality and presentation of performance data, in order to provide accurate, clear and understandable information on EU programmes' performance;
Amendment 132 #
2017/2043(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is surprisedRegrets, however, that COSME commitment and payment appropriations have been reduced respectively by 2.9 % and 31.3 %, although support to SMEs is identified as one of the top priorities of the EU; expresses its intention to further reinforce this programme in the 2018 budget;
Amendment 140 #
2017/2043(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note of the Commission’s proposal to set up a European Solidarity Corps (ESC); notes, however, with concern that, despite Parliament’s warnings, the legislative proposal adopted on 30 May 2017 envisages that three fourths of the ESC budget would be financed by redeployments from existing programmes, and mainly from Erasmus+ (EUR 197.7 million); is also concerned byof the proposed cuts to the European Agricultural Fund for Rural Development and to LIFE programme; is concerned of the risk that this situation would pose to those EU programmes that are subject to cuts;
Amendment 142 #
2017/2043(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Takes note ofWelcomes the Commission’s proposal to set up a European Solidarity Corps (ESC); notes, however, with concern that, despite Parliament’s warnings, the legislative proposal adopted on 30 May 2017 envisages that three fourths of the ESC budget would be financed by redeployments from existing programmes, and mainly from Erasmus+ (EUR 197.7 million); is concerned by the risk that this situation would pose to those EU programmes and expresses its intention to further reinforce Erasmus+ in the 2018 budget;
Amendment 166 #
2017/2043(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Highlights the prolongation of exceptional support measures for certain fruits for which the market situation is still difficult, but; regrets that, however, that the Commission is not currently proposing support measures in the livestock sectors, and particularly in the dairy sector, related to the Russian ban on EU imports will not be extendedand expects, therefore, a change of course in this regard; expects, consequently, that if the margin of Heading 2 is deployed, a part of it will be allocated to dairy farmers in countries most affected from the Russian embargo; awaits the Commission’s letter of amendment, expected in October, which should be based on updated information on the EAGF funding to verify the real needs in the agricultural sector, taking duly into account the impact of the Russian embargo and other market volatilities;
Amendment 170 #
2017/2043(BUD)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes the proposed EUR 3 473.1 million in commitment appropriations for Heading 3; emphasises the need for joint, comprehensive and sustainable solutions to the current migration and refugee crisihallenges, and to addressing safety and security concerns particularly following the series of terrorist attacks that the European Union has known on its territory; welcomes, therefore, the Commission’s proposal for an additional EUR 800 million dedicated to tackling these issues;
Amendment 178 #
2017/2043(BUD)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Furthermore believes that cooperation among Member States in security related matters could be further enhanced through increased support from the EU budget; questions how such an objective could be reached while relevant budgetary lines of the ISF are significantly decreased compared to 2017 Budget; stresses the need to guarantee the necessary funding to implement the new information and border systems such as European Travel Information and Authorisation and Entry-Exit Systems.
Amendment 184 #
2017/2043(BUD)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Recalls Parliament’s consistently strong support for culture and media programmes; welcomes the proposed increases for the Creative Europe Programme compared with the 2017 budget, including for the European Year for Cultural Heritage under ‘Multimedia actions’; furthermore, insists on sufficient funding for the programme ‘Europe for Citizens’; appreciates, finally, also the increases in commitment appropriations for the Food and Feed programme, and the HealthConsumer programme and the Consumer programme compared with the 2017 budget; emphasises, finally, the importance of a strong Health Programme and an appropriate budget to enable European cooperation in the field of health, including new innovations in health care, health inequalities, the burden of chronic diseases, anti-microbial resistance, cross-border healthcare and access to care;
Amendment 200 #
2017/2043(BUD)
Motion for a resolution
Paragraph 38
Paragraph 38
38. NoteRegrets the increased support for political reforms for Turkey (IPA II); expects however the same logic to apply to due to Country's backslide in the fields of rule of law, freedom of speech and fundamental rights; expects sufficient funding to the IPA beneficiary countries in the Western Balkans which are in urgent need of financial support for reforms;
Amendment 221 #
2017/2043(BUD)
Motion for a resolution
Paragraph 46
Paragraph 46
46. Reiterates its conviction that the European agencies active in the Justice and Home Affairs field must be provided with the necessary operational expenditure and staffing levels to allow them to achieve the additional tasks and responsibilities they have been given in recent years; welcomes, in this regard, the substantial staff increases proposed for the European Coast and Border Guard Agency (Frontex) and the European Asylum Support Office (EASO), which it considers a minimum to ensure that these agencies can effectively perform their operations; calls the Commission to reassess whether the staff increase proposed for Europol is enough, as this does not reflect the increased workload related to the additional tasks recently conferred to the Agency, especially in the area of terrorism, cybercrime and migrant smuggling ; underlines the identified gaps in the existing exchange of information architecture and urges the Commission to provide eu-LISA with the appropriate human and financial resources to fulfil the additional tasks and responsibilities recently assigned to the Agency in this respect ; requests the Commission to reassess whether the proposed operational funding (-23.6 % compared to 2017) and staffing levels (-4) for Eurojust will indeed allow this agency to fulfil in an effective manner its key role in the promotion of judicial cooperation in civil and criminal matters, including in the fields of drug policy and crime prevention;
Amendment 227 #
2017/2043(BUD)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Notes that the year 2018 is the third REACH registration deadline affecting a large number of companies in Europe and the highest number of SMEs to date, which will consequently have a significant impact on the workload of ECHA; calls, therefore, on the Commission to refrain from the planned reduction of six Temporary Agent posts in 2018 and postpone this reduction until 2019 so that ECHA can effectively implement its entire 2018 Work Programme; notes, in this regard, that ECHA has already implemented a 10% REACH staff reduction since 2012;
Amendment 11 #
2017/2022(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the amount set aside for extraordinary investment and expenditure in 2018 is EUR 47,6 million, the same level as in 2017; considersrecalls that the distinction between ordinary and extraordinary expenditure, first introduced in the 2016 budget and included in the consecutive budgets, was made solely in order to respond to the urgent need for implementation measures concerning security of buildings and cybersecurity following the terrorist attacks; considers that the excessive use of that distinction,namely the inclusion of other expenditure in extraordinary expenditure, gives an erroneous indication of the evolution of the budgetary margin and is thus in contradiction with the principle of transparency of Parliament's expenditure; considers, therefore, that the 2019 communication campaign ought to not be considered as extraordinary expenditure;
Amendment 41 #
2017/2022(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the signature of a Memorandum of Understanding between the Belgian Government and the European Parliament, the Council, the Commission, the European External Action Service, and other institutions based in Brussels, on security verifications for all external contractors’ staff wishing to access the Union institutions; regrets that that Memorandum of Understanding was signed after the driver service had been internalised for safety reasons; invites the Secretary-General to consider the advisability of extending the application of this Memorandum of Understanding to officials and parliamentary assistants in order to allow the necessary security verifications before their recruitment;
Amendment 55 #
2017/2022(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers 2018 to be a critical year for the Konrad Adenauer (KAD) building, as it will mark the end of the work on the East site and the start of work on the West site; notes that the budget allocated to cover the management of this large-scale project has had to be revised in order to strengthen the teams which monitor the progress of the work; notesdraws attention to the on-going practice of using the year-end ‘'mopping up transfer’' (ramassage) to contribute to current building projects; considers that while this may be a pragmatic solution to reduce interest rate payments, it nevertheless exists in tension with the transparency of building projects within the Parliament’'s budget and could even incentivise over-budgeting in certain areas; highlights, on the basis of the figures for the years 2014, 2015 and 2016, that the year-end 'mopping up transfer' (ramassage) takes place systematically on the same chapters and titles and, with a few exceptions, exactly on the same lines; wonders, therefore, whether there is a programmed overvaluation of those chapters and lines in order to generate funds for the financing of buildings policy;
Amendment 95 #
2017/2022(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Welcomes in particular the ever increasing quality of advice and research provided to Members and committees through the European Parliamentary Research Service (EPRS) and the policy departments; recalls that a mid-term evaluation of the efficacy of the cooperation between the European EPRS and the policy departments was provided for when the EPRS was created in 2013; requests once again the Secretary- General to proceed to undertake such an evaluation and present to the Committee on Budgets its results before the Parliament's reading of the budget in autumn 2017; approves of the four specific projects being developed over the medium- term in the European Parliament library, namely the digital library, improved resources for research, comparative law sources and open library; considers these projects as a means to improve support to both Members and staff, as well as facilitating access to the external research community and citizens;
Amendment 8 #
2017/0352(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. The cost incurred in connection with the establishment and operation of a central EU backup solution for each system indicated in paragraph 1, where necessary, shall be borne by the general budget of the Union.
Amendment 9 #
2017/0352(COD)
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Costs incurred in connection with the integration of the existing national infrastructures and their connection to the national uniform interfaces as well as in connection with hosting and future developments of the national uniform interfaces shall be borne by the general budget of the Union.
Amendment 213 #
2017/0352(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Children and vulnerable persons merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safeguards concerned and their rights in relation to the processing of personal data. The interoperability components should pay particular attention to the protection of children and ensure that their rights and integrity are being fully respected.
Amendment 258 #
2017/0352(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check. Such query should be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuses to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query should not be allowed against minors under the age of 12 years old.
Amendment 259 #
2017/0352(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to identify unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident, Member States should be allowed to query the CIR with the biometric data of those persons.
Amendment 321 #
2017/0352(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) To support the purposes of statistics and reporting, it is necessary to grant access to authorised staff of the competent authorities, institutions and bodies identified in this Regulation and the integration of the existing national systems and infrastructures with those components to consult certain data related to certain interoperability components without enabling individual identification.
Amendment 328 #
2017/0352(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) It would be appropriate that, during the development phase of the interoperability components, the Commission assess the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. Those recommendations should also include an impact assessment and an assessment on their cost for the EU budget.
Amendment 344 #
2017/0352(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability borders and visa], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data contained in those systems to supplement each other.
Amendment 377 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) improving judicial cooperation in the areas of freedom, security and justice;
Amendment 383 #
2017/0352(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point e a (new)
Article 2 – paragraph 2 – point e a (new)
(ea) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Amendment 416 #
2017/0352(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
5 Non-discrimination and fundamental rights
Amendment 418 #
2017/0352(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her. Processing of personal data for the purposes of this Regulation by any user shall not result in discrimination against persons on any grounds such as sex, colour, social, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integritypolitical or any other opinion, membership of a national minority, property, birth, genetic features, language, disability, age or sexual orientation. It shall fully respect human dignity and integrity and fundamental rights, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability. The best interests of the child shall be a primary consideration.
Amendment 429 #
2017/0352(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol data, while fully respecting the principles of necessity and proportionality.
Amendment 464 #
2017/0352(COD)
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongs.
Amendment 469 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the Member State authority or EU bodies and the individual user of the ESP, including the ESP profile used as referred to in Article 8;
Amendment 474 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each Member State and EU body shall keep logs of queries of the authority and the staff duly authorised to use the ESP.
Amendment 478 #
2017/0352(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 482 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall immediately be notified by eu-LISA.
Amendment 485 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall immediately notify eu-LISA and the Commission.
Amendment 486 #
2017/0352(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the infrastructure of an EU body, that EU body shall immediately notify eu-LISA and the Commission.
Amendment 493 #
2017/0352(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates and enabling querying with biometric data across several EU information systems is established for the purposes of supporting the CIR and the multiple-identity detector and the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system], while fully respecting the principles of necessity and proportionality.
Amendment 506 #
2017/0352(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 532 #
2017/0352(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 538 #
2017/0352(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A common identity repository (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS-TCN system], of supporting the functioning of the multiple- identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime, while fully respecting the principles of necessity and proportionality.
Amendment 539 #
2017/0352(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Where it is technically impossible to query the CIR for the purpose of identifying a person pursuant Article 20, for the detection of multiple identities pursuant Article 21 or for law enforcement purposes pursuant Article 22, because of a failure of the CIR, the users of the CIR shall be immediately notified by eu-LISA.
Amendment 553 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Such query may be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuse to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query shall not be allowed against minors under the age of 12 years old.
Amendment 559 #
2017/0352(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident query the CIR with the biometric data of those persons.
Amendment 588 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point a
Article 24 – paragraph 4 – subparagraph 1 – point a
(a) the national file referencreference to the national investigation or case;
Amendment 591 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point e
Article 24 – paragraph 4 – subparagraph 1 – point e
(e) the name of the authorityindividual and unique user identifiers of both the competent authority and the person consulting the CIR;
Amendment 592 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Europol shall keep logs of queries of the staff duly authorised to use the CIR pursuant to Article 22.
Amendment 593 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The logs referred to in paragraphs 1, 5 and 5a may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. They shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 594 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The competent national authorities in charge of checking whether or not access is lawful, monitoring the lawfulness of data processing, self- monitoring and ensuring the proper functioning, data integrity and security, shall have access, within the limits of their competence and at their request, to these logs for the purpose of fulfilling their duties.
Amendment 595 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 7 b (new)
Article 24 – paragraph 7 b (new)
7b. For the purposes of self- monitoring and ensuring the proper functioning of the CIR, data integrity and security, the EU-Lisa shall have access, within the limits of its competence, to those logs.
Amendment 596 #
2017/0352(COD)
Proposal for a regulation
Article 24 – paragraph 7 c (new)
Article 24 – paragraph 7 c (new)
7c. The European Data Protection Supervisor shall have access, within the limits of its competence and at its request, to those logs for the purpose of fulfilling its tasks.
Amendment 600 #
2017/0352(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) creating and storing links between data in the EU information systems included in the common identity repository (CIR) and the SIS and as a consequence detecting multiple identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system], while fully respecting the principles of necessity and proportionality.
Amendment 673 #
2017/0352(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Each EU body shall keep logs of queries of the authority and the staff duly authorised to use the MID.
Amendment 674 #
2017/0352(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 721 #
2017/0352(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authorities and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 727 #
2017/0352(COD)
Proposal for a regulation
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
5a. The European Commission shall carry out annual evaluations to ensure that Member States are in full compliance with the obligations under each respective IT-systems. The concrete findings of the evaluations shall be communicated to the European Parliament and the Council, and in case of a breach, appropriate measures shall be taken thereafter.
Amendment 735 #
2017/0352(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. Without prejudice to the right of information referred to in Articles 11 and 12 of Regulation (EC) 45/2001 and Articles 13 and 14 of Regulation (EU) 2016/679, persons whose data are stored in the shared biometric matching service, the common identity repository or the multiple-identity detector shall be informed by the authority collecting their data, at the time their data are collected, about the processing of personal data for the purposes of this Regulation, including about identity and contact details of the respective data controllers, and about the procedures for exercising their rights of access, rectification and erasure, as well as about the contact details of the European Data Protection Supervisor and of the national supervisory authority of the Member State responsible for the collection of the data. Persons whose data is stored should also be informed of retention periods, automated decision- making and the fact that personal data is not transferred or made available to third countries, international organisations of private parties, with the exception of transfers to Interpol.
Amendment 755 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made shall reply to such requests within 45 days ofout undue delay and no longer than 45 days within the receipt of the request.
Amendment 763 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data. The Member State shall send a written confirmation to the data subject.
Amendment 766 #
2017/0352(COD)
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4a. Any person shall have the right to lodge a complaint and the right to a legal remedy in the Member State which refused the right of access to or the right of correction or deletion of data relating to him or her, in accordance with national or Union law;
Amendment 778 #
2017/0352(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party. Any breach to this shall be considered a serious security incident and shall be immediately reported and addressed in accordance with Article 44.
Amendment 786 #
2017/0352(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
Amendment 793 #
2017/0352(COD)
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
The European Commission, the European Parliament and Member States shall ensure that the European Data Protection Supervisor has sufficient resources to fulfil the tasks entrusted to it under this Regulation.
Amendment 819 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point g a (new)
Article 54 – paragraph 1 – point g a (new)
(g a) fully complying with the rules of each IT-system to ensure the security and integrity of personal data;
Amendment 820 #
2017/0352(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point h a (new)
Article 54 – paragraph 1 – point h a (new)
(h a) reporting any security incidents involving personal data to the Commission, eu-LISA, the national supervisory authorities and the European Data Protection Supervisor
Amendment 824 #
2017/0352(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Penalties Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 901 #
2017/0352(COD)
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
Member States and EU bodies shall organise for their staff authorised to process data from the interoperability components, appropriate training programme about data security, data quality, data protection rules and the procedures of the data processing.
Amendment 902 #
2017/0352(COD)
Proposal for a regulation
Article 66 – paragraph 1 b (new)
Article 66 – paragraph 1 b (new)
Common training courses about data security, data quality, data protection rules and the procedures of the data processing shall be organised at EU level at least once a year to enhance cooperation and exchange of best practices between staff of Member States and EU bodies authorised to process data from the interoperability components.
Amendment 904 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components and the integration of the existing national infrastructures and the connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.
Amendment 907 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
2 a. Six months after the start of the operations of each interoperability component, eu-LISA shall submit a report to the European Parliament and the Council on the state of play of the connection of Member States to the communication infrastructure of the ESP and the CIR and the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR.
Amendment 908 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 2 b (new)
Article 68 – paragraph 2 b (new)
2 b. During the development phase of the interoperability components, the Commission shall evaluate the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. The Commission shall transmit the evaluation report to the European Parliament and the Council. These evaluation reports shall include recommandations, an impact assessment and an assessment on their cost for the EU budget.
Amendment 912 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 4
Article 68 – paragraph 4
4. FourTwo years after the start of operations of each interoperability component and every four years thereafter, eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the connection of Member States to the communication infrastructure of the ESP and the CIR and the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR, as well as on the technical functioning of the interoperability components, including the security thereof.
Amendment 914 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – introductory part
Article 68 – paragraph 5 – subparagraph 1 – introductory part
In addition, one year after each report from eu-LISAeach year, the Commission shall produce an overall evaluation of the components, including:
Amendment 916 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point b
Article 68 – paragraph 5 – subparagraph 1 – point b
(b) an examination of the results achieved against objectives and the impact on fundamental rights, particularly the use of CIR with biometric data taken during an identity check;
Amendment 918 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
(d a) an assessment of the security of the connection of Member States to the communication infrastructure of the ESP and the CIR and the security of the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR.
Amendment 926 #
2017/0352(COD)
Proposal for a regulation
Article 68 – paragraph 8 a (new)
Article 68 – paragraph 8 a (new)
8 a. While respecting the provisions of national law on the publication of sensitive information, each Member State shall prepare annual reports containing information and statistics on the access to data stored in the common identity repository for identification pursuant to Article 20.
Amendment 8 #
2017/0351(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. The cost incurred in connection with the establishment and operation of a central EU backup solution for each system indicated in paragraph 1, where necessary, shall be borne by the general budget of the Union.
Amendment 9 #
2017/0351(COD)
Proposal for a regulation
Article 60 – paragraph 2 – subparagraph 1
Article 60 – paragraph 2 – subparagraph 1
Costs incurred in connection with the integration of the existing national infrastructures and their connection to the national uniform interfaces as well as in connection with hosting and future developments of the national uniform interfaces shall be borne by the general budget of the Union.
Amendment 214 #
2017/0351(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Children and vulnerable persons merit specific protection with regard to their personal data, as they may be less aware of the risks, consequences and safe guards concerned and their rights in relation to the processing of personal data. The interoperability components should pay particular attention to the protection of children and ensure that their rights and integrity are being fully respected.
Amendment 260 #
2017/0351(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure the correct identification of a person, Member State authorities competent for preventing and combating irregular migration and competent authorities within the meaning of Article 3(7) of Directive 2016/680 should be allowed to query the common identity repository (CIR) with the biometric data of that person taken during an identity check. Such query should be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuses to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query should not be allowed against minors under the age of 12 years old.
Amendment 261 #
2017/0351(COD)
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) In order to identify unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident, Member States should be allowed to query the CIR with the biometric data of those persons.
Amendment 324 #
2017/0351(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The implementation of the interoperability components provided for in this Regulation and the integration of the existing national systems and infrastructures with those components will have an impact on the way checks are carried out at border crossing points. These impacts will result from a combined application of the existing rules of the Regulation (EU) 2016/399 of the European Parliament and of the Council60 and the rules on interoperability provided for in this Regulation. _________________ 60 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders, OJ L 77, 23.3.2016, p.1.
Amendment 328 #
2017/0351(COD)
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) It would be appropriate that, during the development phase of the interoperability components, the Commission assess the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. Those recommendations should also include an impact assessment and an assessment on their cost for the EU budget.
Amendment 356 #
2017/0351(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation, together with [Regulation 2018/xx on interoperability police and judicial cooperation, asylum and migration], establishes a framework to ensure the interoperability between the Entry/Exit System (EES), the Visa Information System (VIS), [the European Travel Information and Authorisation System (ETIAS)], Eurodac, the Schengen Information System (SIS), and [the European Criminal Records Information System for third-country nationals (ECRIS-TCN)] in order for those systems and data contained in those systems to supplement each other.
Amendment 377 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
Article 2 – paragraph 1 – point e a (new)
(ea) contribute to the prevention, detection and investigation of terrorist offences or of other serious criminal offences.
Amendment 387 #
2017/0351(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(ca) improving judicial cooperation in the areas of freedom, security and justice;
Amendment 423 #
Amendment 425 #
2017/0351(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The protection of natural persons in relation to the processing of personal data is a fundamental right. Article 8(1) of the Charter of Fundamental Rights of the European Union (the ‘Charter’) and Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provide that everyone has the right to the protection of personal data concerning him or her. Processing of personal data for the purposes of this Regulation by any user shall not result in discrimination against persons on any grounds such as sex, colour, social, racial or ethnic origin, religion or belief, disability, age or sexual orientation. It shall fully respect human dignity and integritypolitical or any other opinion, membership of a national minority, property, birth, genetic features, language, disability, age or sexual orientation. It shall fully respect human dignity and integrity and fundamental rights, including the right to respect for one’s private life and to the protection of personal data. Particular attention shall be paid to children, the elderly and persons with a disability. The best interests of the child shall be a primary consideration.
Amendment 434 #
2017/0351(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. A European search portal (ESP) is established for the purposes of ensuring that Member State authorities and EU bodies have fast, seamless, efficient, systematic and controlled access to the EU information systems, the Europol data and the Interpol databases that they need to perform their tasks in accordance with their access rights and of supporting the objectives of the EES, the VIS, [the ETIAS], Eurodac, the SIS, [the ECRIS- TCN system] and the Europol data, while fully respecting the principles of necessity and proportionality.
Amendment 469 #
2017/0351(COD)
Proposal for a regulation
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The reply to the user of the ESP shall be unique and shall contain all the data to which the user has access under Union law. Where necessary, the reply provided by the ESP shall indicate to which information system or database the data belongs.
Amendment 474 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) the Member State authority or EU bodies and the individual user of the ESP, including the ESP profile used as referred to in Article 8;
Amendment 479 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Each Member State and EU body shall keep logs of queries of the authority and the staff duly authorised to use the ESP.
Amendment 483 #
2017/0351(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 487 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the ESP, the users of the ESP shall be immediately notified by eu-LISA.
Amendment 490 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the national infrastructure in a Member State, that Member State's competent authority shall immediately notify eu-LISA and the Commission.
Amendment 491 #
2017/0351(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. Where it is technically impossible to use the ESP to query one or several EU information systems referred to in Article 9(1) or the CIR, because of a failure of the infrastructure of a EU body, that EU body shall immediately notify eu-LISA and the Commission.
Amendment 498 #
2017/0351(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A shared biometric matching service (shared BMS) storing biometric templates and enabling querying with biometric data across several EU information systems is established for the purposes of supporting the CIR and the multiple-identity detector and the objectives of the EES, the VIS, Eurodac, the SIS and [the ECRIS-TCN system], while fully respecting the principles of necessity and proportionality.
Amendment 511 #
2017/0351(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
Amendment 538 #
2017/0351(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The logs may be used only for data protection monitoring, including checking the admissibility of a query and the lawfulness of data processing, and for ensuring data security pursuant to Article 42. Those logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs referred to in paragraph 1(a) shall be erased once the data is erased.
Amendment 544 #
2017/0351(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. A common identity repository (CIR), creating an individual file for each person that is recorded in the EES, the VIS, [the ETIAS], Eurodac or [the ECRIS-TCN system] containing the data referred to in Article 18, is established for the purpose of facilitating and assisting the correct identification of persons registered in the EES, the VIS, [the ETIAS], the Eurodac and [the ECRIS-TCN system], of supporting the functioning of the multiple- identity detector and of facilitating and streamlining access by law enforcement authorities to non-law enforcement information systems at EU level, where necessary for the prevention, investigation, detection or prosecution of serious crime, while fully respecting the principles of necessity and proportionality.
Amendment 545 #
2017/0351(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Where it is technically impossible to query the CIR for the purpose of identifying a person pursuant Article 20, for the detection of multiple identities pursuant Article 21 or for law enforcement purposes pursuant Article 22, because of a failure of the CIR, the users of the CIR shall be immediately notified by eu-LISA.
Amendment 558 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying a person, query the CIR with the biometric data of that person taken during an identity check. Such query may be carried out in principle in the presence of the person, solely where a Member State police authority was unable to identify a person on the basis of a travel document or with the identity data provided by that person following rules and procedures provided for in national law or where there are doubts as to the authenticity of the travel document or the identity of its holder or where the person is unable or refuse to cooperate, or where there are reasonable grounds to believe that the person is not telling the truth about his or her identity. Such query shall not be allowed against minors under the age of 12 years old.
Amendment 564 #
2017/0351(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Where a Member State police authority has been so empowered by national legislative measures as referred to in paragraph 2, it may, solely for the purpose of identifying unknown persons who are not able to identify themselves or unidentified human remains, in the event of a disaster or an accident query the CIR with the biometric data of those persons.
Amendment 594 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point a
Article 24 – paragraph 4 – subparagraph 1 – point a
(a) the national file referencreference to the national investigation or case;
Amendment 597 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 4 – subparagraph 1 – point e
Article 24 – paragraph 4 – subparagraph 1 – point e
(e) the name of the authorityindividual and unique user identifiers of both the competent authority and the person consulting the CIR;
Amendment 598 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Europol shall keep logs of queries of the staff duly authorised to use the CIR pursuant to Article 22.
Amendment 599 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 6
Article 24 – paragraph 6
6. The logs referred to in paragraphs 1, 5 and 5a may be used only for data protection monitoring, including checking the admissibility of a request and, the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. They shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun.
Amendment 600 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 7 a (new)
Article 24 – paragraph 7 a (new)
7a. The competent national authorities in charge of checking whether or not access is lawful, monitoring the lawfulness of data processing, self- monitoring and ensuring the proper functioning, data integrity and security, shall have access, within the limits of their competence and at their request, to these logs for the purpose of fulfilling their duties.
Amendment 601 #
2017/0351(COD)
7b. For the purposes of self- monitoring and ensuring the proper functioning of the CIR, data integrity and security, the EU-Lisa shall have access, within the limits of its competence, to those logs.
Amendment 602 #
2017/0351(COD)
Proposal for a regulation
Article 24 – paragraph 7 c (new)
Article 24 – paragraph 7 c (new)
7c. The European Data Protection Supervisor shall have access, within the limits of its competence and at its request, to those logs for the purpose of fulfilling its tasks.
Amendment 606 #
2017/0351(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. A multiple-identity detector (MID) creating and storing links between data in the EU information systems included in the common identity repository (CIR) and the SIS and as a consequence detecting multiple identities, with the dual purpose of facilitating identity checks and combating identity fraud, is established for the purpose of supporting the functioning of the CIR and the objectives of the EES, the VIS, the ETIAS], Eurodac, the SIS and [the ECRIS-TCN system], while fully respecting the principles of necessity and proportionality.
Amendment 689 #
2017/0351(COD)
Proposal for a regulation
Article 36 – paragraph 2 a (new)
Article 36 – paragraph 2 a (new)
2a. Each EU body shall keep logs of queries of the authority and the staff duly authorised to use the MID.
Amendment 690 #
2017/0351(COD)
Proposal for a regulation
Article 36 – paragraph 3
Article 36 – paragraph 3
3. The logs may be used only for data protection monitoring, including checking the admissibility of a request and the lawfulness of data processing, and for ensuring datafor self- monitoring, and for ensuring the proper functioning and the data integrity and security pursuant to Article 42. The logs shall be protected by appropriate measures against unauthorised access and erased onetwo years after their creation, unless they are required for monitoring procedures that have already begun. The logs related to the history of the identity confirmation file shall be erased once the data in the identity confirmation file is erased.
Amendment 735 #
2017/0351(COD)
Proposal for a regulation
Article 44 – paragraph 3
Article 44 – paragraph 3
3. Without prejudice to the notification and communication of a personal data breach pursuant to Article 33 of Regulation (EU) 2016/679, Article 30 of Directive (EU) 2016/680, or both, Member States shall notify the Commission, eu- LISA, the national supervisory authorities and the European Data Protection Supervisor of security incidents. In the event of a security incident in relation to the central infrastructure of the interoperability components, eu-LISA shall notify the Commission and the European Data Protection Supervisor.
Amendment 741 #
2017/0351(COD)
Proposal for a regulation
Article 44 – paragraph 5 a (new)
Article 44 – paragraph 5 a (new)
5a. The European Commission shall carry out annual evaluations to ensure that Member States are in full compliance with the obligations under each respective IT-systems. The concrete findings of the evaluations shall be communicated to the European Parliament and the Council, and in case of a breach, appropriate measures shall be taken thereafter.
Amendment 749 #
2017/0351(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
Amendment 769 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The Member State responsible for the manual verification of different identities as referred to in Article 29 or the Member State to which the request has been made shall reply to such requests within 45 days ofout undue delay and no longer than 45 days with in the receipt of the request.
Amendment 777 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
4. Where, following an examination, it is found that the data stored in the multiple-identity detector (MID) are factually inaccurate or have been recorded unlawfully, the Member State responsible or, where applicable, the Member State to which the request has been made shall correct or delete these data. The Member State shall send a written confirmation to the data subject.
Amendment 780 #
2017/0351(COD)
Proposal for a regulation
Article 47 – paragraph 4 a (new)
Article 47 – paragraph 4 a (new)
4a. Any person shall have the right to lodge a complaint and the right to a legal remedy in the Member State which refused the right of access to or the right of correction or deletion of data relating to him or her, in accordance with national or Union law;
Amendment 792 #
2017/0351(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
Personal data stored in or accessed by the interoperability components shall not be transferred or made available to any third country, to any international organisation or to any private party, with the exception of transfers to Interpol for the purpose of carrying out the automated processing referred to in [Article 18(2)(b) and (m) of the ETIAS Regulation] or for the purposes of Article 8(2) of Regulation (EU) 2016/399. Such transfers of personal data to Interpol shall be compliant with the provisions of Article 9 of Regulation (EC) No 45/2001 and Chapter V of Regulation (EU) 2016/679. Any breach to this shall be considered a serious security incident and shall be immediately reported and addressed in accordance with Article 44.
Amendment 801 #
2017/0351(COD)
Proposal for a regulation
Article 49 – paragraph 1 a (new)
Article 49 – paragraph 1 a (new)
1 a. Each Member State shall ensure that the supervisory authority or authorities designated pursuant to Article 51 of Regulation (EU)2016/679 and Article 41 of Directive (EU)2016/680 shall monitor the lawfulness of the processing of personal data under this Regulation.
Amendment 808 #
2017/0351(COD)
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
The European Commission, the European Parliament and Member States shall ensure that the European Data Protection Supervisor has sufficient resources to fulfil the tasks entrusted to it under this Regulation.
Amendment 834 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point g a (new)
Article 54 – paragraph 1 – point g a (new)
(g a) fully complying with the rules of each IT-system to ensure the security and integrity of personal data;
Amendment 835 #
2017/0351(COD)
Proposal for a regulation
Article 54 – paragraph 1 – point h a (new)
Article 54 – paragraph 1 – point h a (new)
(h a) reporting any security incidents involving personal data to the Commission, eu-LISA, the national supervisory authorities and the European Data Protection Supervisor
Amendment 838 #
2017/0351(COD)
Proposal for a regulation
Article 55 a (new)
Article 55 a (new)
Article 55 a Penalties Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
Amendment 987 #
2017/0351(COD)
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
Member States and EU bodies shall organise for their staff authorised to process data from the interoperability components, appropriate training programme about data security, data quality, data protection rules and the procedures of the data processing.
Amendment 988 #
2017/0351(COD)
Proposal for a regulation
Article 66 – paragraph 1 b (new)
Article 66 – paragraph 1 b (new)
Common training courses about data security, data quality, data protection rules and the procedures of the data processing shall be organised at EU level at least once a year to enhance cooperation and exchange of best practices between staff of Member States and EU bodies authorised to process data from the interoperability components.
Amendment 990 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. eu-LISA shall ensure that procedures are in place to monitor the development of the interoperability components and the integration of the existing national infrastructures and the connection to the national uniform interface in light of objectives relating to planning and costs and to monitor the functioning of the interoperability components in light of objectives relating to the technical output, cost-effectiveness, security and quality of service.
Amendment 993 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
Amendment 994 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 2 b (new)
Article 68 – paragraph 2 b (new)
2 b. During the development phase of the interoperability components, the Commission shall evaluate the necessity of further harmonisation of national systems and infrastructures of Member States at external borders. The Commission shall transmit the evaluation report to the European Parliament and the Council. These evaluation reports shall include recommandations, an impact assessment and an assessment on their cost for the EU budget.
Amendment 998 #
2017/0351(COD)
4. FourTwo years after the start of operations of each interoperability component and every four years thereafter, eu-LISA shall submit to the European Parliament, the Council and the Commission a report on the connection of Member States to the communication infrastructure of the ESP and the CIR and the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR, as well as on the technical functioning of the interoperability components, including the security thereof.
Amendment 1000 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – introductory part
Article 68 – paragraph 5 – subparagraph 1 – introductory part
In addition, one year after each report from eu-LISAeach year, the Commission shall produce an overall evaluation of the components, including:
Amendment 1002 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point b
Article 68 – paragraph 5 – subparagraph 1 – point b
(b) an examination of the results achieved against objectives and the impact on fundamental rights, particularly the use of CIR with biometric data taken during an identity check;
Amendment 1004 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
Article 68 – paragraph 5 – subparagraph 1 – point d a (new)
(d a) an assessment of the security of the connection of Member States to the communication infrastructure of the ESP and the CIR and the security of the integration of the existing national systems and infrastructures with the ESP, shared BMS, MID and the CIR.
Amendment 1012 #
2017/0351(COD)
Proposal for a regulation
Article 68 – paragraph 8 a (new)
Article 68 – paragraph 8 a (new)
8 a. While respecting the provisions of national law on the publication of sensitive information, each Member State shall prepare annual reports containing information and statistics on the access to data stored in the common identity repository for identification pursuant to Article 20.
Amendment 22 #
2017/0225(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The use of network and information systems by citizens, businesses and governments across the Union is now pervasive. Digitisation and connectivity are becoming core features in an ever growing number of products and services and with the advent of the Internet of Things (IoT) millions, if not billions, of connected digital devices are expected to be deployed across the EU during the next decade. While an increasing number of devices are connected to the Internet, security and resilience are not sufficiently built in by design, leading to insufficient cybersecurity. In this context, the limited and fragmented use of certification leads to insufficient information for organisational and individual users about the cybersecurity features of ICT products and services, undermining trust in digital solutions.
Amendment 43 #
2017/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) The Agency should contribute towards raising the awareness of the public about risks related to cybersecurity and provide guidance on good practices for individual users aimed at citizens and organisations. The Agency should also contribute to promote best practices and solutions at the level of individuals and organisations by collecting and analysing publicly available information regarding significant incidents, and by compiling reports with a view to providing guidance to businesses and citizens and improving the overall level of preparedness and resilience. The Agency should furthermore organise, in cooperation with the Member States and the Union institutions, bodies, offices and agencies regular outreach and public education campaigns directed to end-users, aiming at promoting cybersecurity education, safer individual online behaviour and raising awareness of potential threats in cyberspace, including cybercrimes such as phishing attacks, botnets, financial and banking fraud, as well as promoting basic authentication and data protection advice. The Agency should play a central role in accelerating end-user awareness on security of devices.
Amendment 46 #
2017/0225(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that it fully achieves its objectives, the Agency should liaise with relevant institutions, agencies and bodies, including CERT-EU, European Cybercrime Centre (EC3) at Europol, European Defence Agency (EDA), European Agency for the operational management of large-scale IT systems (eu- LISA), European Aviation Safety Agency (EASA) and any other EU Agency that is involved in cybersecurity. It should also liaise with European and national authorities dealing with data protection in order to exchange know-how and best practices and provide advice on cybersecurity aspects that might have an impact on their work. Representatives of national and Union law enforcement and data protection authorities should be eligible to be represented in the Agency’s Permanent Stakeholders Group. In liaising with law enforcement bodies regarding network and information security aspects that might have an impact on their work, the Agency should respect existing channels of information and established networks.
Amendment 53 #
2017/0225(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In view of the above, it is necessary to establish a harmonised European cybersecurity certification framework laying down the main horizontal requirements for European cybersecurity certification schemes to be developed and allowing certificates for ICT products and services to be recognised and used in all Member States. The European framework should have a twofold purpose: on the one hand, it should help increase trust in ICT products and services that have been certified according to such schemes. On the other hand, it should avoid the multiplication of conflicting or overlapping national cybersecurity certifications and thus reduce costs for undertakings operating in the digital single market. The schemes should be non-discriminatory and based on international and / or Union standards, unless those standards are ineffective or inappropriate to fulfil the EU’s legitimate objectives in that regard.
Amendment 55 #
2017/0225(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) ENISA should develop a certification scheme with a global perspective in order to prevent future trade barriers. In the process of developing the criteria for the certification scheme ENISA should engage in dialogue with relevant partners in the sector to ensure market feasibility.
Amendment 69 #
2017/0225(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Agency shall increase cybersecurity capabilities at Union level in order to complement and support the action of Member States in preventing and responding to cyber threats, notably in the event of cross- border incidents.
Amendment 80 #
2017/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f a (new)
Article 6 – paragraph 1 – point f a (new)
(fa) and cooperate with national data protection supervisory authorities, where necessary
Amendment 87 #
2017/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) raise awareness of the public about cybersecurity risks, disseminate adequate measures for prevention of incidents, and provide guidance on good practices for individual users aimed at citizens and organisations;
Amendment 29 #
2017/0158(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) In the light of the Council Conclusions of 12 February 2016 on the fight against the financing of terrorism, the Communication from the Commission to the European Parliament and the Council on an Action Plan for strengthening the fight against terrorist financing24 and the Directive on combating terrorism25, common rules on trade with third countries should be enacted so as to ensure the effective protection againsttrafficking, the loss of cultural goods, the preservation of humanity's cultural heritage and the prevention of terrorist financing and money laundering through the selling of looted cultural heritage to buyers in the Union. __________________ 24 COM(2016) 50 final. 25 Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA; OJ L 88, 31.3.2017, p.6-21
Amendment 60 #
2017/0158(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Since certain categories of cultural goods, namely archaeological objects, elements of monuments, rare manuscripts and incunabula are particularly vulnerable to pillage and destruction, it seems necessary to provide for a system of increased scrutiny before they may enter the customs territory of the Union. Such a system should require the presentationocurement of a licence issued electronically by the competent authority of the Member State of entry prior to the release for free circulation of those goods or their placement under a special customs procedure other than transit. Persons seeking to obtain such a licence should be able to prove licit export from the source country with the appropriate supportive documents and evidence, in particular, export certificates or licences issued by the third country of export, ownership titles, invoices, sales contracts, insurance documents, transport documents and experts appraisals. Based on complete and accurate applications, the competent authorities of the Member States should decide whether to issue a licence without undue delay. The decisions of the competent authorities should be communicated immediately to the relevant customs offices.
Amendment 75 #
2017/0158(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to take account of experience with the implementation of this Regulation and of changing geopolitical and other circumstances which place cultural goods at risk, while not impeding trade with third countries disproportionally, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of modifications to the minimum age threshold criterion for the different categories of cultural goods and their origin. That delegation should also allow the Commission to update the Annex following amendments to the Combined Nomenclature. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201627. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 27 OJ L 123, 12.5.2016, p. 1. OJ L 123, 12.5.2016, p. 1.
Amendment 93 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘competent authorities’ means the authorities designated by the Member States to issue importer certificates and register importer statements;
Amendment 94 #
2017/0158(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 12 in order to amend the second column of the table in the Annex following amendments in the Combined Nomenclature and, to amend the minimum age threshold in the third column of the table in the Annex in the light of experience gathered during the implementation of this Regulation, and to add geographical areas in which cultural goods are at a significantly higher risk of trafficking and pillaging.
Amendment 97 #
2017/0158(COD)
Proposal for a regulation
Article 3 – paragraph 1 – subparagraph -1 (new)
Article 3 – paragraph 1 – subparagraph -1 (new)
The entry into the EU customs area of cultural goods which have been illegally exported from third countries is prohibited.
Amendment 130 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. If the application is accepted, the competent authority shall immediately send a copy of the import certificate electronically to the relevant customs authorities. If the application is rejected under Article 4(4), the competent authority shall immediately inform the relevant customs authorities and the Commission, stating its reasons for refusing the application. The Commission shall send the information it has received to the other Member States in order to ensure the uniform application of this Regulation. When an application is made for a certificate for cultural goods for which a previous application has been rejected, the applicant must inform the competent authority to which the application is submitted of the previous rejection. Member States shall recognise the rejection of applications by the competent authorities of the other Member States, where the rejection was based on the provisions of this Regulation. This need not apply, however, where the circumstances have significantly changed or where new evidence to support an application has become available. If a competent authority issues a certificate in cases such as these, it shall inform the Commission that it has done so, stating the reasons behind its decision.
Amendment 136 #
2017/0158(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. The Commission mayshall establish, by means of implementing acts, the template for the importer declaration and for the application for the import licence as well as the procedural rules on the submission and processing of such an application. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 146 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
Article 5 – paragraph 2 – subparagraph 1
The importer statement shall be sent electronically to the competent authorities and shall contain a declaration signed by the holder of the goods that the goods have been exported from the source country in accordance with its laws and regulations. However, where the export country is a Contracting Party to the UNESCO Convention on Cultural Property, the importer statement shall contain a declaration signed by the holder of the goods that the goods have been exported from that country in accordance with its laws and regulations.
Amendment 149 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
The importer statement shall include a standardised document describing the cultural goods in question in sufficient detail for them to be identified by the customs authorities. Importers shall also state in a declaration that they are aware of the consequences of submitting a false statement.
Amendment 157 #
2017/0158(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The Commission mayshall adopt, by means of implementing acts, the template for the importer statement as well as the procedural rules on the submission and processing of the importer statement. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 13.
Amendment 162 #
2017/0158(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. With regard to cultural goods requiring the submission of an importer statement to enter the customs territory of the Union, the customs authorities shall check whether the importer statement complies with the requirements provided for in or on the basis of Article 5 and corresponds to the goods presented. For that purpose, they may require additional information from the declarant and physically examine the cultural goods, including by conducting an expertise. They shall register the importer statement by attributing to it a serial number and a registration date and, upon release of the goods, provide the declarant with a copy of the registered importer statement and send the statement to the competent authorities.
Amendment 166 #
2017/0158(COD)
Proposal for a regulation
Article 6 – paragraph 4 a (new)
Article 6 – paragraph 4 a (new)
4a. The customs authorities, in partnership with Europol where appropriate, may decide to subject customs control and verification to more thorough scrutiny using a risk-based approach.
Amendment 172 #
2017/0158(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Customs authorities shall seize and temporarily retain cultural goods brought into the customs territory of the Union where the cultural goods in question entered the customs territory of the Union without the conditions laid down in paragraphs 1 and 2 of Article 3 being fulfilled, or where there are doubts that the goods concerned have been legally acquired.
Amendment 178 #
2017/0158(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Article 8a Technical assistance, guidance and exchange of information The Member States, with the help of the Commission if necessary, may provide assistance and technical or other guidance to importers, taking account of the situation of small and medium-sized enterprises, in order to help them comply with the requirements of this Regulation. The Member States, with the assistance of the Commission, shall help to disseminate useful information on the illicit trafficking of cultural goods, in particular with a view to helping importers assess the risks, and on best practices for the implementation of this Regulation. Assistance shall be provided in a way that does not undermine the powers of the competent authorities referred to in Article 2(1)(h)(a), and which allows them to remain independent in the monitoring of compliance with this Regulation.
Amendment 179 #
2017/0158(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. For the purposes of implementing this Regulation, Member States shall ensure co-operation between their competent authorities referred to in Article 3(4)The competent authorities referred to in Article 2(h)(a) and the Member States’ customs authorities shall work together and with the Commission to ensure that this Regulation is complied with.
Amendment 183 #
2017/0158(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. An electronic system mayshall be developed for the storage and the exchange of information between the competent authorities of the Member States and Member State customs authorities, in particular regarding importer statements and import licences.
Amendment 188 #
2017/0158(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – introductory part
Article 9 – paragraph 3 – subparagraph 1 – introductory part
The Commission mayshall lay down, by means of implementing acts,
Amendment 190 #
2017/0158(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1 – point b
Article 9 – paragraph 3 – subparagraph 1 – point b
(b) the detailed rules regarding the storage and exchange of information between the competent authorities of the Member States and Member State customs authorities by means of the electronic system referred to in paragraph 2.
Amendment 199 #
2017/0158(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
The Member States shall lay down the rules on penalties applicable to infringements of Articles 3, 4 and 5 and, in particular, to the import into the EU of cultural goods without the relevant certificate, to the use of a certificate for cultural goods other than those for which it was issued, or to the making of false statements and the submission of false information to obtain entry of cultural goods into the customs territory of the Union, and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those rules and of those measures within 18 months of the entry into force of the Regulation and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 209 #
2017/0158(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – point b
Article 14 – paragraph 1 – subparagraph 1 – point b
(b) information on infringements of this Regulation and the penalties applied;
Amendment 214 #
2017/0158(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2 a (new)
Article 14 – paragraph 1 – subparagraph 2 a (new)
On the basis of the Member States’ replies to the questionnaires referred to in paragraph 1, the Commission may ask Member States to provide additional information on the processing of import license applications. The Member States shall provide the information requested as quickly as possible.
Amendment 215 #
2017/0158(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission shall present a report to the European Parliament and the Council on the implementation of this Regulation three years after the date of application of this Regulation and, after that, every five years. The reports shall assess whether this Regulation is being implemented in a uniform way, how well it functions and how effective it is, and may be accompanied if necessary by appropriate legislative proposals.
Amendment 56 #
2017/0144(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The ECRIS legal framework, however, does not sufficiently cover the particularities of requests concerning third country nationals. Although it is nowcurrently possible to exchange information on third country nationals through ECRIS, there is no procedure or mechanism in place to do so efficiently.
Amendment 61 #
2017/0144(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) This Regulation should therefore lay down rules on creating a centralised system containing and protecting personal data at the level of the Union, the division of responsibilities between the Member State and the organisation responsible for its development and maintenance, as well as any specific data protection provisions needed to supplement the existing data protection arrangements and provide for an adequate overall level of data protection and data security. The fundamental rights of the persons concerned should be protected as well.
Amendment 63 #
2017/0144(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) The ECRIS-TCN system allows processing of fingerprint data and facial images with the aim of identifying the Member State(s) in possession of information on the criminal record of a third-country national and in order to confirm their identity. The introduction and use of fingerprint data and facial images must never exceed what is strictly necessary to achieve the aim, must respect fundamental rights, including the best interests of children, and must be in conformity with Directive (EU) 2016/680.
Amendment 66 #
2017/0144(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Adequate and proportionate financial and human resources should be allocated to the Agency in order to ensure the smooth implementation and management of the ECRIS-TCN system.
Amendment 73 #
2017/0144(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the event that there is a match between data recorded in the Central System and those used for search by a Member State (hit), the identity information against which a 'hit' was recorded is provided together with the hit. That information should only be used to assist in confirming the identity of the third country national concerned in order to verify that the recorded data is accurately assigned to the correct person to which the hit relates. This may include the recording of such data in the national criminal record database of the querying Member States as an alias of the third country national.
Amendment 82 #
2017/0144(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The use of biometrics is necessary as it is the most reliable method of identifying third country nationals within the territory of the Member States, who are oftensometimes are not in possession of documents or any other means of identification, as well as for more reliable matching of third country nationals data.
Amendment 87 #
2017/0144(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The Member States should also be able to create a record in the ECRIS-TCN system whenever they obtain, in the course of a criminal procedure, information on convictions linked to terrorist offences or serious crime handed down to a national of a third country with which Eurojust has signed a judicial cooperation agreement.
Amendment 103 #
2017/0144(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Directive (EU) 2016/680 of the European Parliament and of the Council26 should apply to the processing of personal data by competent national authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security. Regulation (EU) 2016/679 of the European Parliament and of the Council27 should apply to the processing of personal data by national authorities provided that national provisions transposing Directive (EU) 2016/680 do not apply. Coordinated supervision should be ensured in accordance with Article 62 of [the new data protection regulation for Union institutions and bodies]. _________________ 26 Directive (EU 2016/680 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 by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89) 27 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
Amendment 109 #
2017/0144(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Since using the ECRIS-TCN system involves submitting a specific request for information on possible convictions in a Member State, the Commission should, when reviewing this Regulation, assess the possibility and opportunity of creating a European criminal record, from which third-country nationals and Member State nationals would be able to obtain an extract on request.
Amendment 150 #
2017/0144(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The convicting Member State shall systematically create the data record as soon as possible afterwithout delay and in any case within 24 hours of the conviction wasbeing entered into the national criminal records register.
Amendment 153 #
2017/0144(COD)
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The convicting Member States shall, within no more than one month of the ECRIS-TCN system coming online, create data records also for convictions handed down prior to [date of entry into force of this Regulation] to the extent that such data are stored in its national criminal records or national fingerprints database.
Amendment 155 #
2017/0144(COD)
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. Whenever a Member State obtains, in the course of a criminal proceeding, information on convictions linked to terrorist offences as set out in Articles 3 to 12 of Directive (EU) 2017/541 or to serious crime as defined in Article 2.2 of Council Framework Decision 2002/584/JAI which have been handed down to third-country nationals by a judicial authority of a third country with which Eurojust has signed a judicial cooperation agreement, that Member State may create a record in the ECRIS- TCN system.
Amendment 178 #
2017/0144(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 183 #
2017/0144(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Upon expiry of the retention period referred to in paragraph 1, the central authority of the convicting Member State shall erase the individual data record without delay from the Central System, and in any event no later than one month24 hours after the expiry of that retention period.
Amendment 188 #
2017/0144(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. If a Member State has reason to believe that the data it has recorded in the Central System are inaccurate or that data were processed in the Central System in contravention of this Regulation, it shall check the data concerned and, if necessary, amend them or delete them from the Central System without dimmediatelay.
Amendment 199 #
2017/0144(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) the technical specifications for data quality, including a mechanism and procedures to carry out data quality checks;
Amendment 225 #
2017/0144(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. Prior to the design and development phase, a Programme Management Board composed of a maximum of ten members shall be established by the Management Board of eu-LISA. It shall be composed of eightseven representatives appointed by the Management Board from among its members or their alternates, the Chair of the ECRIS-TCN system Advisory Group referred to in Article 36, a member representing eu-LISA appointed by its Executive Director and one member appointed by the Commission. The members appointed by the Management Board shall be elected only from those Member States which are fully bound under Union law by the legislative instruments governing the ECRIS and which will participate in the ECRIS-TCN system. The Management Board shall ensure that the representatives it appoints shall have the necessary experience and expertise in the development and management of IT systems supporting judicial and criminal records authorities. The Programme Management Board shall meet at least once every three months, and more often when necessary. It shall ensure the adequate management of the design and development phase of the ECRIS-TCN system. The Programme Management Board shall submit written reports every month to eu-LISA’s Management Board on progress of the project. It shall have no decision-making power nor any mandate to represent the members of the Management Board.
Amendment 232 #
2017/0144(COD)
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. During the design and development phase, the ECRIS-TCN system Advisory Group referred to in Article 36 shall be composed of the national ECRIS-TCN system project managers and chaired by eu-LISA. During the design and development phase it shall meet at least once a month until the start of operations of the ECRIS-TCN system. It shall report after each meeting to the Management Board of eu-LISA. It shall provide the technical expertise to support the tasks of the Management Board and shall follow-up on the state of preparation of the Member States.
Amendment 250 #
2017/0144(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Authorised staff of Eurojust shall have direct access to the ECRIS-TCN system for the purpose of the implementation of Article 14, as well as for fulfilling its statutory tasks.
Amendment 252 #
2017/0144(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Authorised staff of Europol [and of the European Public Prosecutor's Office] shall have direct access to the ECRIS-TCN system for the purpose of fulfilling their statutory tasks.
Amendment 270 #
2017/0144(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Europol, Eurojust [and the European Public Prosecutor's Office] shall take the necessary measures to ensure that members of their staff authorised to access the ECRIS-TCN system are subjected to disciplinary measures by the Agency [or the Court] if they make use of data from the ECRIS-TCN system in a way which does not conform with this regulation.
Amendment 275 #
2017/0144(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. Access to the ECRIS-TCN system for entering, amending, deleting and consulting the data referred to in Article 5 shall be reserved exclusively to duly authorised staff of the central authorities, and to duly authorised staff of the bodies referred to in Article 15 for consulting the data. That access shall be limited to the extent needed for the performance of the tasks in accordance with the purpose referred to in paragraph 1, andshall be proportionate toand necessary for the objectives pursued.
Amendment 279 #
2017/0144(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. If a request is made to a Member State other than the convicting Member State, the authorities of the Member State to which the request has been made shall check the accuracy of the data and the lawfulness of the data processing in the ECRIS-TCN system within a time limit of one month if that check can be done without consulting the convicting Member State. Otherwise, the Member State other than the convicting Member State shall contact the authorities of the convicting Member State within 14 days and the convicting Member State shall check the accuracy of the data and the lawfulness of the data processing within one monthweek from the contact.
Amendment 288 #
2017/0144(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1 (new)
Article 25 – paragraph 1 – subparagraph 1 (new)
Amendment 299 #
2017/0144(COD)
Proposal for a regulation
Article 29 – paragraph 6 a (new)
Article 29 – paragraph 6 a (new)
6a. Logs shall be deleted two years after their creation. They may be kept longer if they are required for monitoring procedures that are already under way.
Amendment 307 #
2017/0144(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
The Member States shall notify eu-LISA of their central authorities which have access to enter, amend, delete consult or search data. eu-LISA shall regularly publish a list of these central authorities. as soon as a change occurs.
Amendment 313 #
2017/0144(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Three years after the start of operations of the ECRIS-TCN system and every four years thereafter, the Commission shall produce an overall evaluation of the ECRIS-TCN system and the ECRIS reference implementation. That overall evaluation shall include an assessment of the application of the Regulation, an examination of results achieved against objectives and the impact on fundamental rights, and an assessment of the continuing validity of the underlying rationale, the application of the Regulation, the security of the system and any implications on future operations, and shall make any necessary recommendations, including ones concerning the establishment of a European criminal record, from which third-country nationals and Member State nationals would be able to obtain an extract on request using the ECRIS and ECRIS- TCN system. The Commission shall transmit the evaluation report to the European Parliament and the Council.
Amendment 20 #
2017/0102(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) This Regulation lays down a financial envelope for the period 2018- 2020 which is to constitute the prime reference amount, within the meaning of Point 17 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management23, for the European Parliament and the Council during the annual budgetary procedure. The prime reference amount includes redeployments from the Erasmus+ programme (EUR 197.7 million) and from the Employment and Social Innovation programme (EUR 10 million) for the financial years 2018, 2019 and 2020, and it is complemented by contributions from several Union programmes under different headings, such as the European Social Fund, the Union Civil Protection Mechanism, the LIFE programme and the European Agricultural Fund for Rural Development. _________________ 23 Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, OJ C 373, 20.12.2013, p. 1.
Amendment 22 #
2017/0102(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Solidarity Corps should target young people aged 186-305. Participation in the activities offered by the European Solidarity Corps should require prior registration in the European Solidarity Corps Portal.
Amendment 23 #
2017/0102(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 25 #
2017/0102(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 26 #
2017/0102(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) “volunteering” means a full- time32 unpaid voluntary service for a period of up to twelve months, which provides young people with the opportunity to contribute to the daily work of non-profit organisations active in solidarity-related fields, to the ultimate benefit of the communities within which the activities are carried out, including a solid learning and training dimension in order to enable the young volunteer(s) to gain skills and competences, which will be useful for their personal, educational, social and professional development, and which will also contribute to improving their employability; _________________ 32 As a general principle, an activity carried out continuously, 5 days a week for 7 hours a day.
Amendment 27 #
2017/0102(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) to provide young people, with the support of participating organisations, with easily accessible opportunities for engagement in solidarity activities while improving their knowledge, skills and competences for personal, educational, social, civic, cultural and professional development, as well as their employability and facilitating transition into the labour market, including by supporting the mobility of young volunteers, trainees and workers;
Amendment 28 #
2017/0102(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(da) the setting up of information campaigns to raise awareness of European Solidarity Corps actions.
Amendment 29 #
2017/0102(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 35 #
2017/0102(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. TAfter 2020 and on the basis of the report provided for in Article 15(3), the European Solidarity Corps shallmay be opened up for the participation of other countries on the basis of bilateral agreements. Cooperation shall be based, where relevant, on additional appropriations to be made available in accordance with the procedures to be agreed with those countries.
Amendment 36 #
2017/0102(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
Amendment 37 #
2017/0102(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Young people aged 176 to 305 years willing to participate in the European Solidarity Corps shall register in the European Solidarity Corps Portal. However, at the moment of commencing a placement or a project a registered young person shall be at least 18 years of age and not older than 30.
Amendment 38 #
2017/0102(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. An application from an eligible entity to become a European Solidarity Corps participating organisation shall be assessed by the competent implementing body of the European Solidarity Corps in order to ascertain that its activities adhere to the principles and requirements ofset out in the European Solidarity Corps Charter.
Amendment 39 #
2017/0102(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. As a result of the assessment the entity may be attributed the European Solidarity Corps quality label. The obtained label shall be re-assessed periodically and may be revokedregularly and at least every two years, and may be revoked as soon as the activities of that entity no longer adhere to the principles and requirements set out in the European Solidarity Corps Charter.
Amendment 40 #
2017/0102(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3a. Any entity which has received the European Solidarity Corps quality label shall be incorporated into the database of European organisations participating in the European Solidarity Corps on the Europe Youth Portal, which all young Europeans can access.
Amendment 41 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission, in cooperation with the participating countries, shall regularly monitor the performance of the European Solidarity Corps towards achieving its objectivesand adherence to its principles, specifically cohesion and solidarity.
Amendment 42 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point a
Article 15 – paragraph 2 – subparagraph 1 – point a
(a) number and profile of participants in volunteering placements (in-country and cross-border);
Amendment 43 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point b
Article 15 – paragraph 2 – subparagraph 1 – point b
(b) number and profile of participants in traineeship placements (in-country and cross-border);
Amendment 44 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point c
Article 15 – paragraph 2 – subparagraph 1 – point c
(c) number and profile of participants in job placements (in-country and cross- border);
Amendment 45 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point d
Article 15 – paragraph 2 – subparagraph 1 – point d
(d) number and profile of participants in solidarity projects;
Amendment 46 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – point e a (new)
Article 15 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) employment rate of former participants.
Amendment 47 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. In 2020 the Commission shall publish a report taking stockon the cost-effectiveness of the programme, on its qualitative and quantitative aspects and ofn the progress made towards achieving its results, including the target of offering 100 000 young people opportunities under the European Solidarity Corps by 2020 (covering all the placements and projects referred to in points (a) and (b) of Article 7(1)).
Amendment 48 #
2017/0102(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Four years after the date of application of this Regulation, the Commission shall carry out an independent evaluation of this Regulation and present a report on the main findings to the European Parliament, the Council, the Committee of the Regions and the European Economic and Social Committeeto assess the efficiency, effectiveness and impact of the programme against its objectives and shall present a report on the main findings, including recommendations for the future of the programme, to the European Parliament, the Council, the Committee of the Regions and the European Economic and Social Committee. As part of that evaluation, the Commission shall consult regularly with all stakeholders, including participants, participating organisations and the local actors concerned. The results of the evaluation shall feed back into the future design of the programme and any new resource allocation proposals.
Amendment 157 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent beforehave the possibility of objecting to their personal data arebeing included in a directory. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 160 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consendo not object to their data being included in such directories, they should be able to determine on a consentmake an objection on basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should informprovide accessible information to the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consenobject on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user's contact details can be searched should not necessarily be the same.
Amendment 286 #
2017/0003(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Publicly available directories of end-users of electronic communications services are widely distributed. Publicly available directories means any directory or service containing end-users information such as phone numbers (including mobile phone numbers), email address contact details and includes inquiry services. The right to privacy and to protection of the personal data of a natural person requires that end-users that are natural persons are asked for consent beforehave the possibility of objecting to their personal data arebeing included in a directory. The legitimate interest of legal entities requires that end-users that are legal entities have the right to object to the data related to them being included in a directory.
Amendment 289 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consendo not object to their data being included in such directories, they should be able to determine on a consentmake an objection on basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directories should informprovide accessible information to the end-users of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consenobject on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same.
Amendment 330 #
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 especially in order to secure the integrity, security and access of the information society service, to enhance user experience or for measures to protect against unauthorised use or access to the information society services in agreement with the terms of use for making available the service to the end-user; or
Amendment 338 #
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-user.ement, including measurement with the purposes of determining collective rights, remuneration or other payment systems or
Amendment 385 #
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 7Article 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 393 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes 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 the continued use of the information society service after having been provided with accessible and comprehensive information about this action of the end-user.
Amendment 407 #
2017/0003(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 447 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consent ofoperators of electronic communication shall provide the option to end- users who are natural persons to includeobject to their personal data being included in the directory and, consequently, shall obtain consent from these end-users forprovide to these end-users the option to object to the inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 453 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall informprovide accessible and intelligible information to end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enablingprovide the end-users' the option to disable such search functions related to their own data.
Amendment 454 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publiclyoperators of electronic communication services available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideThe operators shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act for a commercial or economic purpose, such as freelancers, one-man businesses and individual professionals shall be considered legal persons.
Amendment 497 #
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 alsoEach member state shall determine which relevant supervisory authority should 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-users.
Amendment 533 #
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 especially in order to secure the integrity, security and access of the information society service, to enhance user experience or for measures to protect against unauthorised use or access to the information society services in agreement with the terms of use for making available the service to the end-user; or
Amendment 551 #
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-user.ement, including measurement with the purposes of determining collective rights, remuneration or other payment systems or
Amendment 611 #
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 7Article 7 (1), (2), and (3) of Regulation (EU) 2016/679/EU shall apply.
Amendment 625 #
2017/0003(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. Without prejudice to paragraph 1, where technically possible and feasible, for the purposes 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 the continued use of the information society service after having been provided with accessible and comprehensive information about this action of the end-user.
Amendment 656 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Upon installation, the software shall inform the end-user about the privacy settings options and, to continue with the installation, require the end-user to consent to a setting.Such software shall ensure that a consent given by an end user under Article 8 (1) point (b) prevails over the privacy settings chosen at the installation of the software.
Amendment 662 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software shall not block data processing wich is legally allowed to Art. 8 (1) a), c) or d) or (2) a), irrespective of the browser settings.
Amendment 700 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The providers of publicly available directories shall obtain the consent ofoperators of electronic communication shall provide the option to end- users who are natural persons to includeobject to their personal data being included in the directory and, consequently, shall obtain consent from these end-users forprovide to these end-users the option to object to the inclusion of data per category of personal data, to the extent that such data are relevant for the purpose of the directory as determined by the provider of the directory. Providers shall give end- users who are natural persons the means to verify, correct and delete such data.
Amendment 708 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The providers of a publicly available directory shall informprovide accessible and intelligible information to end-users who are natural persons whose personal data are in the directory of the available search functions of the directory and obtain end-users’ consent before enablingprovide the end-users' the option to disable such search functions related to their own data.
Amendment 714 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of publiclyoperators of electronic communication services available directories shall provide end-users that are legal persons with the possibility to object to data related to them being included in the directory. ProvideThe operators shall give such end-users that are legal persons the means to verify, correct and delete such data. Natural persons who act for a commercial or economic purpose, such as freelancers, one-man businesses and individual professionals shall be considered legal persons
Amendment 785 #
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 alsoEach member state shall determine which relevant supervisory authority should 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-users.
Amendment 1 #
2016/2328(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the UN Convention on the Right of the Child;
Amendment 2 #
2016/2328(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the United Nations Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, adopted on 29 November 1985,
Amendment 3 #
2016/2328(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- Having regard to the European Parliament Resolution on the EU accession to the Istanbul Convention to prevent and combat violence against women and domestic violence of 12 September 2017;
Amendment 4 #
2016/2328(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims,
Amendment 5 #
2016/2328(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
- having regard to Directive (EU) 2016/800 of the European Parliament and of the Council of 11 May 2016 on procedural safeguards for children who are suspects or accused persons in criminal proceedings,
Amendment 6 #
2016/2328(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Regulation (EU) No 606/2013 of the European Parliament and of the Council of 12 June 2013 on mutual recognition of protection measures in civil matters,
Amendment 7 #
2016/2328(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- Having regard to Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children online and offline and to the European Parliament Resolution on the implementation of the Directive of 14 December 2017;
Amendment 10 #
2016/2328(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
- having regard to the European Parliament study of September 2017 entitled 'How can the EU and the Member States better help victims of terrorism?'
Amendment 12 #
2016/2328(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- Having regard to the study by the European Union Agency for Fundamental Rights (FRA) entitled ‘Child-friendly justice -Perspectives and experiences of children involved in judicial proceedings as victims, witnesses or parties in nine EU Member States’, published in February 2017,
Amendment 13 #
2016/2328(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
- Having regard to the FRA Fundamental Rights Report 2017, published June 2017
Amendment 36 #
2016/2328(INI)
Motion for a resolution
Recital F
Recital F
F. whereas there is still a systematic underreporting of incidences or perpetrators of domestic violence in the EU, particularly in cases involving minorities, LGBT persons, antisemitic offences, child sexual abuse and gender- based violence;
Amendment 57 #
2016/2328(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the ratification and full implementation of the Istanbul Convention provides a coherent European legal framework to prevent and combat violence against women and to protect the victims;
Amendment 62 #
2016/2328(INI)
Motion for a resolution
Recital I – indent 4
Recital I – indent 4
- ensuring equal accessibility for all victims to victim support services, particularly in the cases of child victims, LGBT victims and victims of hate crimes and honour- related crimes;
Amendment 85 #
2016/2328(INI)
Motion for a resolution
Paragraph 4 – indent 2
Paragraph 4 – indent 2
- the fact that clear information is often not provided in more than one language, making it de facto difficult for victims to seek protection abroad in another Member State;
Amendment 96 #
2016/2328(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encouragescalls on the Member States to promote access to justice, as this contributes greatly to breaking the silence and increasing the victim’s sense of justice, decreases the possibility of impunity and allows the victim to begin the process of psychological recovery;
Amendment 106 #
2016/2328(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Calls on the Member States to clarify their national provisions on extraterritoriality so as to guarantee the right of victims of crimes committed in a Member State other than that in which they reside to lodge complaints with the competent authorities of the Member State of residence;
Amendment 114 #
2016/2328(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that one of the most important objectives of the Victims’ Rights Directive wais to improve the position of victims of crime across the EU and to place the victim at the centre of the criminal justice system;
Amendment 119 #
2016/2328(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18 a. Calls on the Member States to step up criminal procedure law measures guaranteeing the protection of child victims throughout the entirety of criminal proceedings and thereafter to ensure that they receive assistance and support, thereby avoiding that child victims are exposed to secondary victimisation;
Amendment 131 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minorschildren and of child victims of human trafficking, child sexual abuse and exploitation; recalls that child victims shall be always considered to have specific protection needs due to their vulnerability as foreseen in art.22 par 4 of the Directive;
Amendment 132 #
2016/2328(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Member States to pay particular attention to the individual assessment of minors and of child victims of human traffickingany form of crime, and stresses the need to deal with children and young victims in a way that takes proper account of their vulnerability;
Amendment 136 #
2016/2328(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Highlights the fact that individual assessments are crucial as they help the victim realise that he or she has certain rights, and the right to make decisions, in the proceedings they are involved in and, if a child, the right to have access to the specific procedural safeguards that would apply to them from the very beginning of the legal proceedings;
Amendment 143 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victims, as a means of reducing post-traumatic stress; recalls that particular attention should be given to training professionals dealing with victims of child-related crimes, especially in cases of sexual abuse and sexual exploitation; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 146 #
2016/2328(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Commission and the Member States to provide training programmes and guidelines for law practitioners, police officers, prosecutors and judges to ensuring that they are better able to execute individual assessments without delay once a crime has taken place, to avoid further victimisation or secondary victimisation experienced by victims of crime and to empower victimsprovide victims with information about their rights and the services which they can access and to empower them, as a means of reducing post-traumatic stress; stresses that such training should also be included in education programmes and that compulsory training should be available, on a regular basis, to all professionals involved in dealing with victims of crime, in order to develop a victim-oriented mind- set;
Amendment 157 #
2016/2328(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls on the Member States to guarantee access for victims of crimes committed in another Member State to information concerning their rights and to the support services and compensation schemes available in the Member State in which the crime was committed; calls, in this regard, on the Member States to take appropriate action to facilitate cooperation between their competent authorities or entities providing specialist support to ensure that victims have effective access to such information and services;
Amendment 162 #
2016/2328(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reminds the Member States of the requirement to provide translation and interpretation services free of charge, noting that lack of information in other languages may constitutes an obstacle for the effective protection of the victim and a form of discrimination against the victim;
Amendment 163 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law; stresses that such awareness-raising campaigns should also be organised in schools to inform children of their rights and also provide them with tools to detect all forms of crime they have suffered or witnessed;
Amendment 166 #
2016/2328(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Urges the Commission and the Member States to engage actively in information campaigns to increase awareness about the rights of victims as established by EU law, including the specific needs of child victims;
Amendment 171 #
2016/2328(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Member States to exchange best practices on establishing mechanisms to encourage and facilitate for victims to report the crimes they have suffered; Calls on the Member States to step up specific measures to protect more effectively child victims of child sexual abuse by also improving the role of national helplines, given that self- reporting of children is limited;
Amendment 173 #
2016/2328(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a Reminds the Member States that particular attention should be paid to the risk of intimidation and retaliation and to the need to protect the dignity and physical integrity of victims, including during questioning and when testifying, in order to determine whether and to what extent they should receive protection measures during the criminal proceedings;
Amendment 177 #
2016/2328(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission to counteract the judicial and practical flaws in the implementation of this directive by a proper interplay of the various EU victim- protection instruments, such as Directive 2011/99/EU of 31 December 2011 on the European Protection Order, Directive 2011/36/ EU of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, Directive 2011/93/EU of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and Directive 2014/42/EU of 3 April 2014 on the freezing and confiscation of instrumentalities and proceeds of crime; calls on the Member States to implement these important instruments, including the Istanbul Convention on preventing and combating violence against women and girls, with coherence in order to ensure that victims in Europe fully enjoy their rights;
Amendment 183 #
2016/2328(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Member States to put in place measures to ensure that written and oral communications comply with simple language standards taking in consideration vulnerable groups such as children and people with disabilities, so that victims can be kept informed in an adequate and targeted manner before, during and after criminal proceedings;
Amendment 188 #
2016/2328(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the seven Member States that have not yet done so to consider stalking a criminal offense on the basis of the relevant provisions in the directive on the right to protection of privacy, the right to protection and, in particular, the right to avoid contact with the offender and as called for under art.34 of the Istanbul Convention to prevent and combat violence against women and girls;
Amendment 194 #
2016/2328(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to guarantee assistance to victims from victim support services before, during and after criminal proceedings, including psychological support; deplores the fact that in some countries, governments rely heavily on NGOs to provide key support services to victims (‘volunteerism’)underlines the important role of civil society in victims support; considers nevertheless that governments shall not rely only on NGOs to provide key support services to victims (‘volunteerism’) and shall build capacity to develop victims support mechanisms, involving law enforcement authorities, health and social services and civil society;
Amendment 216 #
2016/2328(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls on the Member States to establish coordinated mechanisms to collect information on victims of a terrorist attack taking place in their territory, and to provide victims, through the creation and development of a one-stop shop, a web portal and an emergency telephone line, with specific information relevant to their needs, including psychological first aid and referral possibilities in the immediate aftermath of the attack and during any criminal proceedings;a confidential, free of charge and easily accessible support service1 a. This support service must be able to provide assistance and support to victims of terrorism in accordance with their specific needs, such as emotional and psychological support, advice and information on any legal, practical or financial matters in the immediate aftermath of the attack and during any criminal proceedings, and assistance in national compensation claim procedures; _________________ 1a Support service as provided for in Article 24 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism.
Amendment 223 #
2016/2328(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Calls on the Member States to establish coordination mechanisms to ensure effective transition of support for victims from immediate care in the aftermath of a crime to assistance as needed in the longer term; stresses that such mechanisms should, in particular, ensure the referral of victims to long-term services whereby different organisations provide support during different phases, noting that these mechanisms should also have a cross-border functionality in order to provide victim support services, and guarantee the victim’s right to be informed, assisted and compensated in their place of residence when the crime has taken place in a Member State other than the one in which the victim resides;
Amendment 229 #
2016/2328(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Calls on the Commission to propose the creation of a European fund for assistance to victims of terrorism;
Amendment 232 #
2016/2328(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Calls on the Member States to establish a permanent dedicated website on which all public information on support services established following a terrorist attack that has taken place in that Member State can be accessed;
Amendment 235 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Calls on the Commission to begin a dialogue with the Member States in order to reduce the strong disparities2 a in national financial compensation granted by each Member State to victims of terrorist attacks; _________________ 2aNational financial compensation ranges from the symbolic amount of one euro in some Member States up to EUR 250 000 or more in others.
Amendment 237 #
2016/2328(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on all Member States and the EU to ratify and fully enforce the Council of Europe Istanbul Convention to prevent and combat violence against women and girls and protect victims;
Amendment 244 #
2016/2328(INI)
Motion for a resolution
Paragraph 36 a (new)
Paragraph 36 a (new)
36 a. Calls on the Commission to submit a legal act to support Member States in the prevention and suppression of all forms of violence against women and girls and of gender-based violence;
Amendment 8 #
2016/2326(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes the shortcomings of the financial planning and implementation system that led to the accumulation of unpaid bills and the build-up of an unprecedented backlog that rolled over from the last MFF to the current one; is increasingly concerned about the slow start-up of the implementation of the 2014- 2020 operational programmes, which may lead to the same situation in the future; calls on the Commission to come up with a structural solution to solve such problems before the end of the current MFF and to prevent them from happening again in the next MFF; calls for a good balance of financial instruments and grants in the cohesion policy;
Amendment 17 #
2016/2326(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses the importance of endorsing simplification and coherence of the cohesion policy to minimise many different sets of rules and to make financing more efficient;
Amendment 22 #
2016/2323(BUD)
Motion for a resolution
Subheading 1
Subheading 1
A budget for sustainable growth, jobs and security
Amendment 55 #
2016/2323(BUD)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Underlines that the EU budget must support the fulfilment of the objectives of the Paris agreement and the EU's own long-term climate goals by meeting the 20% spending target for climate in 2014-2020 MFF; stresses, in this regard, that the contribution for 2018 should overshoot the overall target in order to offset the lower allocations from the first half of the current MFF and that the mechanism of climate change mainstreaming should be fully optimized;
Amendment 74 #
2016/2323(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that investments in research and innovation represent a pre- condition for achieving genuine competitiveness in the EU; regrets the fact that, a, and for having an innovative and competitive EU economy on a global level; regrets that Member States a result of an alarmingly low success rate of applications, fewer high- quality projects in the field of research and innovation are receiving EU funding cutting their funding for R&I activities and recognises that more applications are directed towards the EU as a result and notes that many interested parties, many of which are new comers or SME's, are being deterred from submitting time-consuming Horizon 2020 project proposals due to lower success rates; calls in this respect for an adequate level of appropriations to be ensured for Horizon 2020;
Amendment 98 #
2016/2323(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the important role and potential of the European Fund for Strategic Investments (EFSI) in reducing the investment gap in Europe, and recognises the positive results achieved so far; welcomes also the Commission proposal for extending the EFSI until 2020, which will serve to further improve its functioning, especially as regards the additionality principle and the geographical balance; with added focus on technological additionality; underlines that the selection of projects finances through EFSI should be based on quality and demand-driven; welcomes the Commission's intentions to reinforce the role of the European Investment Advisory Hub in terms of providing more targeted local technical assistance across the EU; has reservations on the proposal to again cut funds from Connecting Europe Facility;
Amendment 110 #
2016/2323(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Considers education to be a prerequisite for well-paid, stable jobs; welcomes in this respect the role played by Erasmus+ in facilitating intra-European mobility of young studenunderlines the importance of cross-border mobility as a means of enabling young Europeans to take advantage of the variety of skills of people while expanding opportunities for training and employment; welcomes in this respect the role played by Erasmus+ in facilitating intra-European mobility of young students and apprentices; support the development of the European voluntary service (EVS) which helps young people travel abroad to participate in volunteering projects; calls, in this context, for the financing of this programme Eramus+ to continue to be increased in 2018;
Amendment 120 #
2016/2323(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines that youth unemployment is one of the main concerns at European level and that it puts at risk an entire generation of young Europeans; stresses that, as part of the conciliation agreement for the 2017 EU budget, a EUR 500 million allocation will be granted to the Youth Employment Initiative through an amending budget in 2017; remains firmly committed to securing adequate funding to fight against youth unemployment and for the continuation of the Youth Employment Initiative until the end of the current MFF, while at the same time improving its functioning and implementation;
Amendment 123 #
2016/2323(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Acknowledges the importance of Erasmus+ programme as a key component in increasing fellowship among European youth; believes that especially in the times of rising nationalism and populism it is important to facilitate natural interaction between different European nations and cultures to increase European consciousness and identity;
Amendment 164 #
2016/2323(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Is convinced that, under the current circumstances, where the ceiling in Heading 3 is too low, the EU budget has maximised its impact in dealing with the effects of the migratory and refugee crisis; points out, however, that a sustainable solution must be found to this issue, as it has been shown by the repeated mobilisation of special instruments, such as the flexibility instrument, that the EU budget was not initially designed to address crises of such magnitudehas proven to insufficient to provide for appropriate funding for the internal dimension of the current security as well as humanitarian and migratory challenges, as it has been shown by the repeated mobilisation of special instruments, such as the flexibility instrument; points out that a sustainable solution must be found in the future to this issue as a matter of utmost urgency and priority; recalls, however, that the necessity to mobilise supplementary means to face these challenges should not take precedence over other important Union policies, for example in the field of jobs and growth;
Amendment 176 #
2016/2323(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the role played by instruments such as the Internal Security Fund (ISF) and the Asylum, Migration and Integration Fund (AMIF) in addressing the effects of the migratory and refugee crisisecurity and humanitarian and migratory challenges, and calls for adequate budgeting in the coming years for these funds; welcomes also the role of EU agencies in the area of justice and home affairs, such as Europol and the, European Asylum Agency, European Border and Coast Guard, Eurojust and EU-LISA, and calls, in this context, for their mandate to be executed through adequate budgeting and staffing; is convinced that the EU needs to invest more in strengthening its borders, managing migration, enhancing cooperation between law enforcement national authorities and agencies, fighting terrorism and, radicalisation and ensuringserious and organized crime, ensuring the interoperability of information systems and guarantee sound return operations;
Amendment 187 #
2016/2323(BUD)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Strongly supports initiatives in the field of defence research with the aim of encouraging better cooperation between Member States and calls for a defence research programme with a dedicated budget within the next Multiannual Financial Framework; recalls that, while respecting provisions enshrined in the Treaties, strengthened cooperation in the field of defence is needed in order to meet the security challenges that the EU is facing, which are generated by prolonged instability in the EU neighbourhood and uncertainty regarding the commitment of certain EU partners towards NATO objectives; underlines, furthermore, the need to improve the competitiveness and innovation in the European defence industry that can contribute to stimulate growth and job creation;
Amendment 210 #
2016/2323(BUD)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reaffirms its conviction that in order to tackle the root causes of the migratory and refugee crisicurrent humanitarian and migratory challenges, the EU needs to step up its role through investments in the countries of origin of the refugees and migrants; notes that investments in infrastructure, housing, education, medical services and support for SMEs are part of the solution to tackle the root causes of migration; welcomes therefore the External Investment Plan as a coherent and coordinated framework to promote investments in Africa and the Neighbourhood countries;
Amendment 212 #
2016/2323(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. MaintainsNotes that the current trend by the Commission to resort to satellite budgetary mechanisms such as the Facility for Refugees in Turkey, trust funds and other similar instruments has not always proven to be a success; is concerned that the establishment of financial instruments outside the Union budget could threaten its unity and circumvent the budgetary procedure; considers, indeed, that it undermines the transparent management of the budget and hampers the right of the Parliament to exercise effective scrutiny of expenditures; maintains, therefore, its previous position that ad hoc external financial instruments which emerged in recent years must be incorporated into the EU budget, with Parliament having full scrutiny over the implementation of these instruments; recalls, however, that the funding needed for these instruments should not be deployed to the detriment of the Union's existing external action, including its development policy;
Amendment 226 #
2016/2323(BUD)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Underlines that one of the conditions for preserving stability and prosperity in the EU is a stable EU Neighbourhood; calls on the Commission therefore to ensure that priority is given to investments in the EU Neighbourhood in order to support efforts to tackle the main issues that this area is facing: the migration and refugee crisicurrent humanitarian and migratory challenges in the Southern Neighbourhood and Russian aggression in the Eastern Neighbourhood; reiterates that supporting countries which are implementing association agreements with the EU is key to facilitating political and economic reforms;
Amendment 262 #
2016/2323(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Underlines that predictability and long-term sustainability of the EU budget is a prerequisite for a strong and stable European Union; draws attention to the fact that the United Kingdom’s withdrawal from the EU will provide an opportunity to address the long-standing issues which have prevented the EU budget from reaching its real potential, especially as regards the revenue side of the budget; reaffirms its position in favour of an in- depth reform of EU own resources, and welcomes in this respect the presentation of the final report of the High-Level Group on Own Resources (HLGOR); invites all involved parties to draw the appropriate conclusions from this report and analyse the feasibility of implementing the recommendations of the HLGOR that would help make the EU budget more stable and predictable; welcomes the conclusion of the HLGOR regarding the fact that the EU budget needs to focus on areas bringing the highest European added value and regarding the ‘juste retour’ approach, which should end, as it has been shown by the report that all Member States benefit from the EU budget, irrespective of their ‘net-balance’;
Amendment 264 #
2016/2323(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Underlines that predictability and long-term sustainability of the EU budget is a prerequisite for a strong and stable European Union; draws attention to the fact that the United Kingdom’'s withdrawal from the EU will provide an opportunity to address the long-standing issues which have prevented the EU budget from reaching its real potential, especially as regards the revenue side of the budget; reaffirms its position in favour of an in- depth reform of EU own resources, and welcomes in this respect the presentation of the final report of the High-Level Group on Own Resources (HLGOR); invites all involved parties to draw the appropriate conclusions from this report and analyse the feasibility of implementing the recommendations of the HLGOR that would help make the EU budget more simple, stable and, predictable; welcom and environmentally sustainable; notes the conclusion of the HLGOR regarding the ‘'juste retour’' approach, which should end, as it has been shown by the report that all Member States benefit from the EU budget, irrespective of their ‘net-balance’; believes that any new own resource should lead to a reduction in Member States' GNI- contributions;
Amendment 268 #
2016/2323(BUD)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Encourages the Commission to continue developing and implementing the 'EU budget focused on results' strategy; underlines, in this regard, the importance of simplifying rules, streamlining the monitoring process and developing relevant performance indicators;
Amendment 1 #
2016/2120(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. NotWelcomes the use of the FlexiCommission's proposal for an additional EUR 1,8 billity Instrument under heading 3 in the Draft Budget 2017 for an amount of EUR 530 million and recalls that this amount is the maximum one that can be mobilised in 2017 with this instrument with the current MFF rules;on to tackle the humanitarian and migratory challenges in the Union, above the amount initially been programmed for 2017; stresses, however, that the Commission proposes to finance this reinforcement through the mobilisation of the Flexibility Instrument under heading 3 for EUR 530 million, thereby fully exhausting the funding available for 2016; reiterates that budgetary flexibility has its limits and can only be a short-term solution.
Amendment 6 #
2016/2120(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the useproposed mobilisation of the Flexibility Instrument under heading 3 in the Draft Budget 2017 for an amount of EUR 530 million and recalls that this amount is the maximum one that can be mobilised in 2017 withtranslates to the full amount available for this instrument within 2017 under the current MFF rules;
Amendment 10 #
2016/2120(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the financial impact of the current refugee, migration and internal security crises was not accounted for when the current MFF was adopted in 2014; stresses that the Flexibility Instrument has to be used according to the purpose for which it was created, for clearly identified expenses which cannot be covered bunprecedented level of funding of the current humanitarian and migratory challenges was not accounted for when the current MFF was adopted in 2014; acknowledges that, even with the systematic mobilisation of the totality of the Flexibility Instrument under heading 3 in the coming years, the financial resources available will not be sufficient to tackle the increased needs; regrets that the Commission did not use the opportunity of ther Union budgetary resources MFF mid-term revision to adjust the ceiling of heading 3 accordingly;
Amendment 13 #
2016/2120(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Acknowledges that the financial impact of the current refugee, migration and internal security crises was not accounted for when the current MFF was adopted in 20143; stresserecalls that the Flexibility Instrument has to be used according to the purpose for which it was created, for clearly identified expenses which cannot be covered by other Union budgetary resourcewithin the limits of the ceilings available for one or more other headings;
Amendment 15 #
2016/2120(BUD)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 21 #
2016/2120(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. NotEmphasises that, even with the systematic mobilisation of the totality of the Flexibility Instrument under heading 3 in the coming years, the financial resources available will not be sufficient to tackle the increased needs; therefore considers as essential a fair distribution of funding according to priorities, full transparency, accountability and wise spending;
Amendment 24 #
2016/2120(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes, the proposals of the Commission to createin the context of the MFF mid-term revision which aim to increase the capability of the budget to react quickly and adequately to unforeseen events; points in particular to the proposal for the creation of a new European Union cCrisis rReserve to be financed from de- committed appropriations, as part of the MFF mid-term review; with regard to the doubling of the annual amounts, which can be mobilised withwell as the doubling in size of the Flexibility Instrument and the eEmergency aAid rReserve, requests the Commission to clarify the source of the financing in the interests of budgetary stability and predictability; stresses that the changes introduced in the MFF revision should secure the budgetary stability and predictability for the remainder of the MFF 2014-2020.
Amendment 25 #
2016/2120(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes, the proposal of the Commission to create a newintroduce a special instrument for setting up a European Union cCrisis rReserve, to be financed from de-committed appropriations, as part of the MFF mid-term reviewsion; with regard to the doubling of the annual amounts, which can be mobilised with the Flexibility Instrument and the emergency aid reserve, requests the Commission to clarify the source of the financing in the interests of budgetary stability and predictability.
Amendment 1 #
2016/2118(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. NotWelcomes the moCommission's proposal for an additional EUR 1,8 billisation in the Draft Budget 2017on to tackle the humanitarian and migratory challenges in the Union, above the amount initially programmed for 2017; stresses, however, that the Commission proposes to finance part of this reinforcement through the mobilisation of the Contingency Margin for an amount of EUR 1 164,4 million in commitment appropriations over and above the commitment ceiling of heading 3;
Amendment 3 #
2016/2118(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the mobilisationCommission proposal in the Draft Budget 2017 ofto mobilise the Contingency Margin for an amount of EUR 1 164,4 million in commitment appropriations over and above the commitment ceiling of heading 3 in order to respond to the additional funding needs arising from the migration, refugee and security crisis given the exhaustion of the margin available under heading 3 and the Flexibility Instrument for 2017;
Amendment 6 #
2016/2118(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that additional financial needs are likely to arise in relationShares the Commission's view that the financial needs linked to the migration, refugee and internal security criseis in 2017 and recalls that no more margin is available under the ceiling of heading 3 while the Flexibility Instrument has already been used up in its entirety for 2017will significantly exceed the funding available under heading 3; therefore, requests the Commission to clarify if and how additional funds could be possibly mobilised using the Contingency Margin to respond to possible additional financial needs for heading 3 during the course of 2017;
Amendment 8 #
2016/2118(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Considers that additional financial needs are likely to arise in relation to the migration, refugee and internal security crisescurrent humanitarian and migratory challenges faced in 2017 and recalls that no more margin is available under the ceiling of heading 3 while the Flexibility Instrument has already been used up in its entirety for 2017; therefore, requests the Commission to clarify if and how additional funds could be possibly mobilised using the Contingency Margin to respond to possible additional financial needs for heading 3 during the course of 2017;
Amendment 14 #
2016/2118(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the proposals of the Commission to mobilisereinforce heading 3 with an additional EUR 2,55 billion under heading 3 over the period 2018-2020 as part of the MFF mid- term review/revision to provide sufficient resources for the necessary reinforcement of Europol and the newly created European Border and Coast Guard as well as to take account of recent Commission proposals in the area of security and migration; recalls that immediate response is needed to the security, migration and refugee crises and considers it important that full transparency of payments and regular monitoring/reporting of the expenditure are ensured by all actors involved.
Amendment 15 #
2016/2118(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Notes the proposals of the Commission to mobilise an additional EUR 2,55 billion under heading 3 over the period 2018-2020 as part of the MFF mid- term review/revision; recalls that immediate response is needed to the security, migration and refugee crises and considers it important that full transparency of payments and regular monitoring/reporting of the expenditure are ensured by allrent humanitarian and migratory challenges; considers that all recent budgetary decisions to secure fresh appropriations in the field have actually shown the need for a revision of the ceiling of heading 3; regrets that the Commission did not use the opportunity of the MFF mid-term revision to adjust the ceiling actcors involveddingly.
Amendment 921 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 25 – paragraph 7
Rule 25 – paragraph 7
7. The Bureau shall draw upadopt Parliament's preliminary draft budget estimates.
Amendment 1013 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 96 – title
Rule 96 – title
Estimates of Parliament and establishment plan
Amendment 1014 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 96 – paragraph 1
Rule 96 – paragraph 1
1. The Bureau shall draw up, at the latest at its first meeting of February adopt the preliminary draft estimates and establishment plan on the basis of a report prepared by the Secretary-Generaland the medium and long term planning prepared by the Secretary-General. The medium- and long-term planning shall establish a clear distinction between investments and operational expenditure.
Amendment 1015 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 96 – paragraph 2
Rule 96 – paragraph 2
2. The President shall without delay forward the preliminary draft estimates as well as the Secretary General’s report and the medium- and long-term planning to the committee responsible for budgetary issues, which shall draw upadopt the draft estimates and report to Parliament.
Amendment 1016 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 96 – paragraph 4
Rule 96 – paragraph 4
4. Parliament shall adopt the estimates. Should the Parliament fail to do so, the Bureau shall propose new preliminary draft estimates to the committee responsible on budgetary issues.
Amendment 1017 #
2016/2114(REG)
Parliament's Rules of Procedure
Rule 97
Rule 97
Amendment 25 #
2016/2064(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that EFSI was launched to help resolve difficulties and remove obstacles to financing as well as to implement strategic, transformative and productive investments that provide a high level of added value to the economy, the environment and society to complement structural reforms in EU Member States to modernise their economies to create growth and jobs;
Amendment 50 #
2016/2064(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that the purpose of EFSI is to ensure additionality by helping to address market failures or suboptimal investment situations and supporting operations which could not have been carried out under existing Union financial instruments; notes however that there is a need for further clarification of the concept of additionality; recalls that EIB’s Special Activities operations are currently automatically considered as providing additionality and requires that EIB demonstrates and documents in a systemic way that all EFSI guaranteed projects meet the additionality criteria as set out in Article 5(1) of the Regulation (EU) 2015/2017;
Amendment 87 #
2016/2064(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 217 #
2016/2064(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 224 #
2016/2064(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that the Managing Director (MD) is responsible for the day-to-day management of EFSI, the preparation and chairing of meetings of the IC and for external representation; recalls that the MD is assisted by the Deputy Managing Director (DMD); regrets that, in practice, the respective roles, especially that of the DMD, have not been clearly identified; invites the EIB to reflect on spelling out the tasks of the MD and the DMD more clearly in order to ensure transparency and accountability; suggests that the MD, assisted by the DMD, could be explicitly put in charge of setting the agenda of the IC meetings, of carrying out an initial screening of the projects presented by the EIB as well as being made explicitly accountable for the decisions of IC experts; suggests, furthermore, that the MD should devise procedures for tackling potential conflicts of interest within the IC, report to the Steering Board (SB), propose sanctions for breaches as well as the means to implement them; believes that the authority of the MD and the DMD in carrying out these tasks would be enhanced by enjoying greater autonomy vis-à-vis the EIB; invites the EIB accordingly to explore options for increasing the independence of the MD and the DMD;
Amendment 253 #
2016/2064(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that diversified investments with a geographical or thematic focus should be made possible by helping to finance and bundle projects and funds from different sources; notes with concern that the first investment platform was only set up in the third quarter of 2016; requests the EIB and the EIAH to promote the use of investment platforms as a way to achieve geographic and thematic diversification of investments;
Amendment 295 #
2016/2064(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Acknowledges that GDP and the number of projects approved are linked; recognises that larger Member States are able to take advantage of more developed capital markets and are therefore more likely to benefit from a market-driven instrument such as EFSI; underlines that lower EFSI support in EU-13 may be attributable to other factors, such as the small size of projects, and competition from the European Structural and Investment Funds (ESIF); observes with concern, however, the disproportionate benefit to certain countries and underlines the need to diversify geographical distribution further, especially in crucial sectors such as modernising andby improving the productivity and sustainability of economies with a key focus on technological development;
Amendment 324 #
2016/2064(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Notes that the Commission has proposed an extension of EFSI, both in terms of duration and financial capacity, and that this would have an impact on the EU budget; recalls the Parliaments opposition to finance EFSI by making cuts to Connecting Europe Facility and Horizon 2020 and expresses its intention to put forward alternative financing proposals for the proposed extension;
Amendment 338 #
2016/2064(INI)
Motion for a resolution
Subheading 13
Subheading 13
Complementarities with other EU financing sources and policies
Amendment 380 #
2016/2064(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that EFSI alone - and on a limited scale- will probably not be able to close the investment gap in Europe, but that it nevertheless constitutes a central pillar of the EU’s investment plan and signals the EU’s determination to tackle this issue; calls for further proposals to be made on how to permanently boost investment in Europe, such as completing the single market in services, digital and energy, and establishing a genuine Capital Markets Union;
Amendment 4 #
2016/2052(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that, with around EUR 200 billion of annual military spending, European countries are unable to avert the deterioration of their security environment and to weigh on global affairs because of fragmented defence policies that create inefficiencies and hinder their force projection; believes that a more integrated framework for defence could result in significant savings, additional capabilities and more sustained investment; recalls that, according to ‘cost of non-Europe’ estimates, annual efficiency gains in this area could range between EUR 26 billion in the less optimistic scenarios and EUR 130 billion; stresses that the funding of the first preparatory action should be integrated in the European Budget and not remain in an unclear intergovernmental frame; calls on the Member states to agree with Commission and EP on the future financial frame of defence added to the existing European Budget;
Amendment 16 #
2016/2052(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Believes that common funding has a key role to play in incentivising the use of mechanisms whose potential remains largely untapped, such as permanent structured cooperation and EU Battlegroups; calls, therefore, for the Athena mechanism to be expanded and for consideration to be given to alternative funding for military expenditure in order to do away with the ‘costs lie where they fall’ principle; stresses that, in this context, the EU budget should be able to fund the administrative costs of establishing strategic structures, such as joint operational headquarters, as well as to prepare, organize and deliver defence research, technology and developments activities; calls also for more ambitious civilian missions that are better integrated in the policy cycle and in the range of available instruments;
Amendment 31 #
2016/2052(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Believes that the time is ripe for unfreezing the budget of the European Defence Agency, and is convinced that more should be done to close the investment gap in defence capabilities, including via EU innovative financing as a preparatory action for defence research; endorses, finally, the proposal for a ‘European Semester’ on defence, whereby Member States would coordinate their defence spending plans in an open process involving the European Parliament and the national parliaments.
Amendment 3 #
2016/2047(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the commitments of the EC to provide the necessary resources to protect the external borders of the EU, to reinforce security inside and outside the Union, to provide MS support for the reception of people in need for international protection and to address the root causes of migration flows in the countries of origin and transit; points out however that the EUR 5.2 billion programmed in 2017 for Heading III and IV to address challenges posed by the refugee and migration crisis and unprecedented threat levels posed to the security of European citizens by terrorism, cybercrime and other serious organized crime of increasingly complex and cross-border nature represent less than 3,5% of the total Union budget, which is little considering existential stakes involved for the EU; considers that the Union should show solidarity with those in real need and the preservation of the European democratic values, when they are under threat by terrorism and intolerance aimed at destroying the European tolerance;
Amendment 8 #
2016/2047(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the commitments of the EC to provide the necessary resources to protecteffectively control the external borders of the EU, to reinforce security inside and outside the Union, to provide MS support for the reception of people in need for international protection and to address the root causes of migration flows in the countries of origin and transit; points out however that the EUR 5.2 billion programmed in 2017 for Heading III and IV to address challenges posed by the refugee and migration crisis represent less than 3,5% of the total Union budget, which is little considering existential stakes involved for the EU; considers that the Union should show solidarity with those in real need and the preservation of the European democratic values, when they are under threat by terrorism and intolerance aimed at destroying the European tolerance;
Amendment 15 #
2016/2047(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for a revision of the MFF to deliver a more powerful and sustainable response to the current crisis infrom 2017 and requests simplification of the financial regulation and procedures, as well as the verification of how European funds are spent;
Amendment 16 #
2016/2047(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that the Union is currently facing a number of serious emergencies and new challenges, which could not be foreseen at the time when the MFF 2014-2020 was set-up; is convinced that the necessary financial resources need to be deployed from the Union budget, in order to meet the political challenges and allow the Union to deliver answers and effectively respond to those crises as a matter of utmost urgency and priority; considers that a strong political commitment is needed to secure fresh appropriations in 2017 and until the end of the programming period for this purpose;
Amendment 21 #
2016/2047(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the use of the flexibility instrument and the contingency margin under Heading 3 for an amount of EUR 1.7 billion but notes that further flexibility is no longer possible in 2017; regretnotes that actions under Heading 4 are only partially financed by the Union budget, which is a concern f; invites Member States to live up to their commitments and the Commission to support their implementation of the agreements as much as possible;
Amendment 22 #
2016/2047(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the use of the flexibility instrument and the contingency margin under Heading 3 for an amount of EUR 1.7 billion but notesis concerned that further flexibility is no longer possible in 2017; regrets that actions under Heading 4 are only partially financed by the Union budget, which is a concern for their implementation;
Amendment 23 #
2016/2047(BUD)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Recalls that whilst Parliament has supported the Commission’s actions in the tackling of the migration and refugees crisicurrent humanitarian and migratory challenges and the sustainable development goals, it has always insisted that thisese challenges not take precedence over other important Union policies, for example in the field of jobs and growth; notes that the Heading 3 ceiling is vastly insufficient to provide for appropriate funding for the internal dimension of the migration and refugee crisicurrent humanitarian and migratory challenges as well as priority programmes, such as culture programmes;
Amendment 27 #
2016/2047(BUD)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates its position that requests for additional funding needed for addressing the migration and refugee crisicurrent humanitarian and migratory challenges should not be deployed to the detriment of the Union’s existing external action, including its development policy; repeats that the setting-up of the Facility for Refugees in Turkey (FRT), Trust Funds, and any other ad-hoc instruments cannot be financed by cuts to other existing instruments; is concerned that the establishment of financial instruments outside the Union budget could threaten its unicity and circumvent the budgetary procedure, that requires the involvement and scrutiny of the European Parliament; notes that the Heading 4 ceiling (Global Europe) is vastly insufficient to provide a sustainable and effective response to the current external challenges, including the migration and refugee crisicurrent humanitarian and migratory challenges;
Amendment 28 #
2016/2047(BUD)
4. Welcomes funding of AMIF (EUR 1.6 billion) and ISF (EUR 0.7 billion); considers that this increase adds to the need to ensure a fair and transparent distribution of annual funding between the different programs and objectives of the funds; supports the total funding (EUR 3 billion) for setting up the European Border and Coast Guard agency, the new Entry-Exit System, the new Common European Asylum System and for creating the instrument providing fast and efficient emergency humanitarian assistance within the EU;
Amendment 33 #
2016/2047(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Reiterates its conviction that the Union budget should find ways of financing new initiatives which are not to the detriment of existing Union programmes and policies and is disappointed that the Preparatory Action for defence research, which will amount to EUR 80 million in the next three years will be squeezed under the current budget of the MFF; underlines the need to improve the competitiveness and innovation in the European defence industry and to stimulate growth and job creation; is convinced that with an already underfinanced Union budget, additional efforts for operations, administrative costs, preparatory actions and pilot projects in relation to the common security and defence policy also need additional financial means by the Member States; considers that the current MFF mid-term review/revision should be used by the Member States in that respect; calls for a defence research programme with a dedicated budget within the next MFF;
Amendment 33 #
2016/2047(BUD)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that while the budgetary resources and the number of posts for the European Border and Coast Guard seem adequate for now, the future needs of the agency in terms of operational resources and staff will have to be closely monitored so that the agency does not lack behind reality; suggests, that the grades of temporary posts shall be increased to meet the complex nature of the new tasks assigned to the agency by the revised regulation;
Amendment 38 #
2016/2047(BUD)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that, in compliance with the goals of the Europe 2020 Strategy, and in order to respond to the challenges and investment needs related to climate action, the Commission took the commitment to mainstream climate action in the 2014-2020 MFF and aims at reaching the target of at least 20% of Union spending dedicated to climate- related actions; notes that, according to the Statement of Estimates for the financial year 2017, the draft budget is expected to allocate 19,2% of expenditure to this aim; strongly encourages the Commission to pursue on this track so to apply the 20% target for the second half of this MFF;
Amendment 40 #
2016/2047(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Supports the budget increase of the efficient JHA agencies involved with migration and security; requests to further justify the dramatic 92%, EUR 73 million increase of the budget of EU-LISA for the Entry Exit System, the revision of Eurodac regulation, the interoperability of Information Systems and the revision of Dublin legislation as well as to explain break-down of appropriations between EU- LISA budget and the ISF;
Amendment 42 #
2016/2047(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Announces that, for the purpose of adequately financing those pressing needs, and considering the very tight MFF margins in 2017, Parliament will finance the reinforcements above the DB by the exhaustion of all margins available and an increased recourse to the Contingency Margin, to be offset against the remaining margins of 2016 and 2017;
Amendment 44 #
2016/2047(BUD)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Stresses that a coordinated approach between the Member States to fight organised crime, cybercrime, terrorism and other serious crime with cross-border dimension is more important than ever and urges for an increase of Europol and Eurojust operational resources and staff; underlines especially Europol's need for sufficient human and operational resources; In this context is very concerned about the vulnerability of unaccompanied minors and young women during the migration crisis who can easily become victims of criminals; additional posts are needed to improve among others the identification of victims, to intensify the persecution of criminals, to destroy the organized networks of sexual abusers and to accelerate the detection, analysis and removal of child abuse material on- and offline; also stresses the urgency to combat terrorists misusing the migration flow for terrorist purposes and to combat organised crime networks misusing the hardship of migrants for their criminal intents;
Amendment 45 #
2016/2047(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Restores all cuts related to the European Fund for Strategic Investments (EFSI) in the Connecting Europe Facility (CEF) and Horizon 2020 for a total of EUR 1 240 million in commitments via new appropriations to be obtained through the mid-term revision of the MFF; insists on the need to provide an effective response to youth unemployment accross the Union; therefore increases the Youth Employment Initiative with additional EUR 1 500 million in commitment appropriations to provide an effective response to youth unemploymentenable its continuation, which should also be financed by additional funds provided in the mid-term revision of the MFF;
Amendment 80 #
2016/2047(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls that the Commission has not proposed any commitment appropriations for the Youth Employment Initiative in 2017 as a result of its frontloading in the years 2014-2015; decides, in line with the Regulation on the European Social Fund7 which foresees the possibility of such a continuation, to increase the Youth Employment Initiative with additional EUR 1 500 million in commitment appropriations and EUR 500 million in payment appropriations to provide an effective response to youth unemployment, drawing lessons from the results of the coming Commission's evaluation of the YEI implementation; notes that, in line with Parliament’s requests, these new appropriations should be financed by the use of all financial means available under the current MFF Regulation and through the MFF mid-term revision; urges the Member States to do their utmost to speed up the implementation of the Initiative on the ground, for the direct benefit of young Europeans; __________________ 7 Regulation (EU) No 1304/2013 of the European Parliament and of the Council of 17 December 2013 on the European Social Fund and repealing Council Regulation (EC) No 1081/2006 (OJ L 347, 20.12.2013, p. 470).
Amendment 91 #
2016/2047(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Awaitnticipates the presentation of the Amending Letter for the emergency support package in particular for the dairy sector and increases therefore the appropriations by EUR 600 million; considers that this measure will contribute significantly to improving market disposition and will be reflected in improved prices for European dairy producers, in particular after the end of the quota system, and the financial impact of the Russian ban;
Amendment 96 #
2016/2047(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines that Parliament continues to put the current migration challenge at the top of its agenda; welcomes the Commission’s proposal for an additional EUR 1,8 billion to tackle the migration crisishallenge in the Union, above what had initially been programmed for 2017; notes that the big deviation of the original programming shows the need of a full revision of the current MFF; is disappointed that the Commission did not use the opportunity to adjust the ceilings accordingly, particularly of Heading 3; stresses that the Commission proposes to finance this reinforcement through the mobilisation of the Flexibility Instrument (for EUR 530 million, thereby fully exhausting the funding available for this year) and the Contingency Margin (for EUR 1 160 million); given the unprecedented level of funding for migration-related expenditure (totalling EUR 5,2 billion in 2017 in headings 3 and 4 and the mobilization of the European Development Fund) and the proposals for applying flexibility on the table, does not request further reinforcements for migration-related policies; at the same time, will resist any attempts to reduce funding for Union actions in this field;
Amendment 104 #
2016/2047(BUD)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. In the context of the current security and migration challenges, welcomes the increase of the funding of AMIF (EUR 1,6 billion) and ISF (EUR 0,7 billion); considers that the increase of AMIF adds to the need to ensure a fair and transparent distribution of annual funding between the different programs and objectives of the fund and a better readability on how these financial resources will be spent;
Amendment 111 #
2016/2047(BUD)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Welcomes the Commission’s proposal, as part of the MFF mid-term revision, to establish a new European Union Crisis Reserve, to be financed from de-committed appropriations, as an additional instrument to react rapidly to crises, such as the current migrhumanitariant and refugee crisimigratory challenges, as well as a wider set of events with serious humanitarian or security implications;
Amendment 114 #
2016/2047(BUD)
Motion for a resolution
Paragraph 29
Paragraph 29
29. In the face of increased threat levels in several Member States and, the concurrent challenges of migration management and, the fight against terrorism and organised crime, requests funding for additional staff for Europol and the necessity for a coordinated European response, requests funding for additional staff for Europol, with the aim to establish a 24/7 counter-terrorism cell providing Member States' competent authorities with intelligence responses; considers that this increase is also provided to improve the fight against trafficking with human beings (with a special focus on unaccompanied minors) and to reinforce the human resources at the Italian and Greek hotspots;
Amendment 118 #
2016/2047(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Condemns the Council’s cuts to numerous programmes in the areas of culture, the media, citizenship, fundamental rights and public health by a total of EUR 24,3 million in commitment appropriations; considers it a detrimental sign by the Council to cut culture programmes in order to free funds for the refugee and migration crisicurrent humanitarian and migratory challenges; deplores that many of these cuts seem applied in an arbitrary manner and disregard excellent implementation rates; is of the opinion that even small cuts risk jeopardising the achievement of programme outcomes and the smooth implementation of Union actions; therefore restores all cuts to the level of the DB;
Amendment 123 #
2016/2047(BUD)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32 a. Welcomes the establishment of a Victims of Terrorism Response Co- ordination Centre (EUR 2 million) which should overcome barriers such as poor knowledge and weak skills development by bringing together key operational experts, victim advocates and organisation from around Europe to identify key priorities and issues for victims of terrorism and deliver a coordinated support for victims of terrorism across borders in order to have a proper victim- oriented approach in emergency response infrastructures;
Amendment 132 #
2016/2047(BUD)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that, in the light of the ongoing refugee crisihumanitarian and migratory challenges, the Union’s external action is faced with ever growing funding needs which largely exceed the current size of Heading 4; therefore, underlines that the Heading 4 ceilings are vastly insufficient to provide for appropriate funding for the external dimension of the migration and refugee crisicurrent humanitarian and migratory challenges; is disappointed that the Commission did not use the opportunity to adjust the ceilings, particularly of Heading 4 accordingly; deplores, that in order to fund new initiatives such as the FRT, the Commission chose in its DB to cut other programmes such as the Development Cooperation Instrument (DCI) and the Instrument contributing to Stability and Peace (IcSP) which is against the principle that humanitarian distress must go in parallel with the development processes,; regrets also that appropriations for humanitarian aid and for the Mediterranean strand of the European Neighbourhood Instrument (ENI) are below those approved in the 2016 budget, despite their obvious relevance in tackling the large number of external challenges; disapproves, finally, the irresponsible cuts made by the Council, in particular on DCI and support expenditure lines;
Amendment 139 #
2016/2047(BUD)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Notes with concern that, despite their topical nature and significant size, EU Trust Funds as well as the FRT are virtually invisible in the Union budget; calls for them to be incorporated in a way that is more transparent and more respectful of the unity of the Union budget and of the prerogatives of the budgetary authority, and creates new budget lines to that end; also calls on the Commission to provide evidence that the use of financial instruments under the Trusts Funds does not result in diverting appropriations from the objectives under their initial legal bases; notes that the objective of leveraging national contributions on top of the Union budget has so far notoriously failed; highlights in that respect that, in future calls for an EU budget contribution to the Trust Funds, the Parliament will only agree to them once a comparable amount of Member States’ contributions has been delivered; invites, therefore, Member States to live up as soon as possible to their commitments;
Amendment 149 #
2016/2047(BUD)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42 a. Welcomes the budget increase of the efficient JHA agencies, especially those involved with migration and security; stresses that these agencies must be sufficiently resourced (including for investing in new technologies) and staffed when their mandates are increased;
Amendment 150 #
2016/2047(BUD)
Motion for a resolution
Paragraph 43
Paragraph 43
43. In the context of the current security challenges, and, bearing in mind the necessity for a coordinated European response, decconsiders to increase, within the overall package on security, the appropriations for the European Union Agency for Network and Informhat some of these increases are not sufficient and decides to reinforce the appropriations for the European Police Office (Europol), the European Union’s Judicial Cooperation SecurUnity (ENISAurojust), the European Police Office (Europol) and the European Union’s Judicial Cooperation UnitAgency for the operational management of large- scale IT systems (EU-LISA) and the European Union Agency for Network and Information Security (ENISA),;
Amendment 156 #
2016/2047(BUD)
Motion for a resolution
Paragraph 44
Paragraph 44
44. In view of the deteriorating humanitarian situation in Europe’s southern neighbourhood, and the increased number of asylum seekers, and mainly the intention to reinforce its mandate further than the Commission's proposal, decides furthermore to increase the 2016 budget appropriations for the European Asylum Support Office;
Amendment 161 #
2016/2047(BUD)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Considers that the grades of temporary posts for the European Border and Coast Guard Agency have to be increased to meet the complex nature of the new tasks assigned to the agency by the revised regulation;
Amendment 174 #
2016/2047(BUD)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Maintains unchanged the overall level of its budget for 2017, as adopted by the plenary on 14 April 2016 at EUR 1 900 873 000; incorporates the budgetary neutral technical adjustments to reflect into the budget its recent decisions and releases the reserve on the transport of Members, persons and goods budget line; opposes the additional expense of EUR 3,7 million to internalize the chauffeur service, which is against the Parliament's will as expressed in the abovementioned paragraph 47 of its resolution of 14 April 2016 on Parliament's estimates of revenue and expenditure for 2017;
Amendment 176 #
2016/2047(BUD)
Motion for a resolution
Paragraph 53
Paragraph 53
Amendment 182 #
2016/2047(BUD)
Motion for a resolution
Paragraph 56
Paragraph 56
Amendment 192 #
2016/2047(BUD)
Motion for a resolution
Paragraph 60 c (new)
Paragraph 60 c (new)
60 c. Regrets that despite numerous calls by the Committee on Budgets, mid- term and long-term strategy for Parliament buildings is not available for informed committee deliberations;
Amendment 196 #
2016/2047(BUD)
Motion for a resolution
Paragraph 61
Paragraph 61
Amendment 202 #
2016/2047(BUD)
Motion for a resolution
Paragraph 69
Paragraph 69
Amendment 204 #
2016/2047(BUD)
Motion for a resolution
Paragraph 71
Paragraph 71
Amendment 2 #
2016/2019(BUD)
Motion for a resolution
Recital E
Recital E
E. whereas a budget of EUR 1 910 073 000 has been proposed by the Secretary- General for Parliament's preliminary draft estimates for 2017, representing an overall increase of 3,94,3% on the 2016 budget, from which 1,7% is considered to be ordinary expenditure, and 19,26% of heading V of the 2014-2020 MFF;
Amendment 6 #
2016/2019(BUD)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas additional extraordinary investments of EUR 15 million had been earmarked for urgent security and cyber security measures in the 2016 budget, out of which EUR 8 million to reinforce the entrances of the main building as well as reinforcing the glazing into bullet proof glazing where needed, EUR 4 million to replace the badge system, EUR 1,45 million to install informatics and software for an integrated security system and EUR 1,55 million for cyber security measures;
Amendment 12 #
2016/2019(BUD)
Motion for a resolution
Recital H e (new)
Recital H e (new)
He. whereas the credibility of Parliament as one arm of the budgetary authority depends to a large extent on its ability to bring its own spending under control;
Amendment 13 #
2016/2019(BUD)
Motion for a resolution
Recital H f (new)
Recital H f (new)
Hf. whereas the Bureau adopted on 26 October 2015 a new set of rules for the management of the parliamentary assistance allowances, reinforcing the requirements for the reimbursement of local assistant contracts, namely by earmarking at least 25% of the parliamentary assistance allowance to cover expenditure on accredited assistants;
Amendment 17 #
2016/2019(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes that extraordinary expenditure representing a 0,2% increase over the 2016 budget for the phasing out ofor the Irish language and a 2% increase over the 2016 budget for the additional needs for security and cybersecurity have been requestedtemporary derogation measures for the usage of the Irish language that were established by Regulation No. 1 of 15 April 1958;
Amendment 19 #
2016/2019(BUD)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
2a. Observes the request of 2 % increase for security and cybersecurity, which would more than double the resources allocated in 2016; urges the Secretary- General to provide the Committee on Budgets detailed information in a transparent manner on current and upcoming security and cybersecurity measures and the breakdown of their costs;
Amendment 30 #
2016/2019(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 36 #
2016/2019(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its call for a medium and long term budgetary planning, including clear information with regard to expenditure relating to investments (buildings, acquisitions, etc.) and the spending relating to the functioning of Parliament as well as its statutory obligation, as requested in its resolution of 29 April 2015 on Parliament's estimates of revenue and expenditure for the financial year 20167; __________________ 7calls accordingly for a change to the nomenclature that makes a clear distinction between investment expenditure and operating expenditure; __________________ 7 Texts adopted, P8_TA(2015)0172. Texts adopted, P8_TA(2015)0172.
Amendment 37 #
2016/2019(BUD)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Commends the Bureau and the DG ITEC on the new layout of Members' personal pages on the official website of the Parliament providing more transparency on the composition and the status of their working team (creation of a new "assistant" tab with sub headings : assistants, accredited assistants, accredited assistants (grouping), local assistants, services providers, paying agents, trainees); asks the Secretary- General to ensure the necessary controls for the implementation of the new set of rules for the parliamentary assistance allowances adopted by the Bureau on 26 October 2015;
Amendment 39 #
2016/2019(BUD)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Secretary-General to take the necessary measures to facilitate the access to all Members, researchers, journalists and citizens in general to the Parliament's budget content, in an intelligible and user friendly manner, on the website of the Parliament;
Amendment 40 #
2016/2019(BUD)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls for a medium and long term budgetary planning, including clear information with regard to expenditure relating to security and cybersecurity; moreover, in light of recent events, invites the Bureau to update the Global Security Concept and communicate it, as fast as possible and at the latest by June 2016;
Amendment 41 #
2016/2019(BUD)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers that any measure in this field should be based on a clear evaluation of Parliament's needs and proportionality with the incurred risks; requests the Secretary- General and the Bureau to present on time before the Parliament's reading on the 2017 budget to the Committee on Budgets a global evaluation on security measures envisaged, accompanied by detailed evaluation of their budgetary impact on 2017 budget and the following budgets, with a clear distinction between investments and recurrent expenditure and to outline the measures envisaged to reinforce Parliament's security inside and outside of its premises, as well as the impact of such measures on the 2017 budget; calls for information on the financial consequences of the interinstitutional administrative cooperation arrangements in the field of security;
Amendment 43 #
2016/2019(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 45 #
2016/2019(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 54 #
2016/2019(BUD)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the increasing quality of advice and research provided to Members and committees; recalls that Parliament has been recruiting a maximum of 80 members of staff affected by the restructuring of the translation service of the European Economic and Social Committee and the Committee of the Regions and will work for the European Parliamentary Research Service (EPRS); recalls that a mid-term evaluation of the efficacy of the cooperation between the European Parliamentary Research Service (EPRS) and the policy departments has been foreseen when creating the EPRS in 2013; requests therefore the Secretary- General to proceed to such an evaluation and present to the Committee on Budgets its results by the end of 2016; considers that this evaluation should contain proposals as to how to ensure that the support provided by EPRS is better articulated with developments in the respective thematic committees; expects, furthermore, that in-house production will increase with less budgetary means devoted to outsourcing studies, assessments or evaluations;
Amendment 56 #
2016/2019(BUD)
Motion for a resolution
Paragraph 16
Paragraph 16
16. BIs of the opinion that Members' need in their constituencies should be evaluated, also taking into account differences between constituencies, in order to better empower the Members at their constituency work; believes that mobile workspaces for Members and support in constituencies should be based on needs and use assessment; insists that no hardware should be provided as the GEA provides sufficient resources for the purchase of state-of-the- art devices; questions the need for developing a private mobile work space for Members as this does not seem to correspond to the way Members and their offices organise themselves;
Amendment 58 #
2016/2019(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Agrees that the IT tools are an important instrument for Members to deliver on their function; reiterates, however, the necessity to allow the installation of free-source software which would allow considerable cost savings in/from communication fees, and would improve the work-flow of Members' offices, while taking cybersecurity into account;
Amendment 64 #
2016/2019(BUD)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Welcomes the new reform on additional written questions adopted on 3 September 2015 by the Committee on Constitutional Affairs on a request of the Committee on Budgets upon the adoption of Parliament's budget for the year 2016; asks the Secretary-General to set up the necessary controls for the implementation of the new interpretation; invites the Conference of Presidents to carry out an assessment of this new regime of written questions in respect of additional questions to analyse the generate savings and to inform the Commission on Budgets of the results of this assessment by August 2016, before the Parliament's reading of the budget in autumn 2016;
Amendment 67 #
2016/2019(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Considers it appropriate to maintain the appropriations for the envelope of the expenditure regarding parliamentary assistance for 2017 at same level as for 2016, subject to the indexation applicable under Staff Regulations;
Amendment 74 #
2016/2019(BUD)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates itsHighlights the need for a greater transparency as regards the general expenditure allowance for Members; call tos on the Bureau to work on the definition of more precise rules regarding the accountability of the expenditure authorised under the general expenditure allowance, which could include cost effective measures such as Members publishing their spending records, as already practiced by a growing number of Members, and could be accompanied by a simplified system for re-paying the unused funds; reiterates that this should not require additional staff for Parliament's administrationis allowance, without generating additional costs to the Parliament;
Amendment 80 #
2016/2019(BUD)
Motion for a resolution
Paragraph 22
Paragraph 22
22. DRecalls that the mid-term building strategy, which was adopted by the Bureau in 2010, is currently under revision; deplores that the Bureau has not concluded yet its deliberations on Parliament's mid-term strategy for buildings; reiterates, therefore, once again its call for the new mid-term building strategy to be presented to the Committee on Budgets in time invites the Secretary-General to present to the Committee on Budgets the new mid-term strategy on building as soon as possible and at the latest by August 2016, before the preparation of Parliament's reading onf the 2017 budget in autumn 2016;
Amendment 83 #
2016/2019(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Bureau to present a long term strategy for Parliament buildings; reiterates that long-term investments, such as Parliament's building projects, need to be handled prudently and transparently; insists on strict cost management, project planning and supervision; reiterates its call for a transparent decision-making process in the field of buildings policy, based on early information, having due regard to Article 203 of the Financial Regulation; believes that a report on the reasons of the delay and the higher costs of the House of European History should feed into the long term building strategy;
Amendment 84 #
2016/2019(BUD)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Deems that the authorisCalls for more information ofn the study on the renovation of the Paul Henri Spaak (PHS) building should be conditional upon further clarifications, including concerning what different renovation and use options are to be studiedatus quo of the project to renovate the PHS building; requests that the a study on the renovation is launched and examined by the Bureau; expects the Bureau to take into consideration the need for healthy and safe working conditions when setting up the renovation timeframe; asks that the Bureau informs the Committee on Budgets on all steps as soon as available; invites, in this context, the Bureau to lay the groundwork for transforming the PHS building into an exemplary state-of- the-art building in terms of energy efficiency and to promptly proceed with the modernization of the building;
Amendment 85 #
2016/2019(BUD)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Invites the Vice Presidents responsible to present to the Committee on Budgets a progress report on the KAD building;
Amendment 86 #
2016/2019(BUD)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Considers that the structural and organisational reforms aimed at achieving greater efficiency, environmental sustainability, and effectiveness should continue through the thorough examination of possible synergies and savings; recalls the substantial savings that could be made by having only one place of work instead of three (Brussels, Strasbourg, Luxembourg); underlines that this process should be lead without endangering Parliament's legislative excellence, its budgetary powers and powers of scrutiny, or the quality of working conditions for Members, assistants, and staff;
Amendment 92 #
2016/2019(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Supports the additional posts required for Irish language translation and interpretation; exempts these additional posts from the reduction target of 5% in line with the recommendation of the Commission; asks the Secretary General to consult Irish Members with view to a possible rationalisation of the use of the Irish language without compromising the guaranteed rights of Members;
Amendment 103 #
2016/2019(BUD)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Takes note ofHas extremely strong reservations about the proposal of internalisation of chauffeur service replacing the external service provider with Parliament's contractual agents, which will correspond to approximately EUR 23,7 million of immediate additional expenses; considers that a well organised external contract concluded pursuant to applicable public procurement rules, where the external service provider is clearly obliged to take responsibility for security and background checks as well as for decent working conditions and pay, would be a preferable alternative;
Amendment 108 #
2016/2019(BUD)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 111 #
2016/2019(BUD)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Asks the Secretary-General to hold discussions with Parliament's travel agency with view to systematically proposing the cheapest options of travel; encourages the travel agency to intensify comparison of prices; calls on the travel agency to actively seek less expensive tickets when booking and, in general, to offer more competitive prices for Members and all categories of staff;
Amendment 115 #
2016/2019(BUD)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Recalls on the Secretary-General to report to the Committee on Budgets on the evaluation of the 2014 parliamentary election campaign as well as the effectiveness of the Parliament's communication measures dedicated to the general public;
Amendment 126 #
2016/2019(BUD)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Urges the Secretary-General to provide clarification on the current management of the Parliament's gym and on the current use of Parliament's staff in this context ; requests, furthermore, clarification on the pending litigation and on the options that are on the table to ensure its efficient and cost-effective management in the future;
Amendment 137 #
2016/2019(BUD)
Motion for a resolution
Paragraph 39
Paragraph 39
Amendment 140 #
2016/2019(BUD)
Motion for a resolution
Paragraph 40
Paragraph 40
Amendment 4 #
2016/2009(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
- having regard to the UN Convention of 1949 for the Suppression of the Traffic in Persons and of the Exploitation or the Prostitution of Others,
Amendment 16 #
2016/2009(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to its resolution of 15 April 2015 on the occasion of International Roma Day - anti-Gypsyism - in Europe and EU recognition of the memorial day of the Roma genocide during World War II 14,
Amendment 57 #
2016/2009(INI)
Motion for a resolution
Citation 33 a (new)
Citation 33 a (new)
- having regard to its resolution of 25 February 2014 with recommendations to the Commission on combating Violence Against Women (2013/2004(INL)),
Amendment 59 #
2016/2009(INI)
Motion for a resolution
Citation 33 b (new)
Citation 33 b (new)
- having regard to its resolution of 9 June 2015 on the EU Strategy for equality between women and men post 2015,
Amendment 97 #
2016/2009(INI)
Motion for a resolution
Citation 46 a (new)
Citation 46 a (new)
- having regard to the List of actions by the European Commission to advance LGBTI Equality, presented at the EPSCO Council on 7 December 2015,
Amendment 108 #
2016/2009(INI)
Motion for a resolution
Citation 48 a (new)
Citation 48 a (new)
- having regard to the European Court of Justice conclusion on the case CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia, of 16 July 2015, case C-83/14,
Amendment 153 #
2016/2009(INI)
Motion for a resolution
Recital B
Recital B
B. whereas acts of terrorism constitute one of the most serious violations of fundamental rights and freedoms; whereas it is necessary to have adequate tools in place to protect EU citizens and residents and to respond properly to such violations within the framework of the rule of law and fundamental rights;
Amendment 170 #
2016/2009(INI)
Motion for a resolution
Recital D
Recital D
D. whereas trafficking in human beings is a serious crime often committed within the framework of organised crime, constitutes a gross violation of fundamental rights, disproportionately affects women and girls and is explicitly prohibited by the Charter;
Amendment 190 #
2016/2009(INI)
Motion for a resolution
Recital E
Recital E
E. whereas racism, xenophobia and hate crimediscrimination, hate crime and hate speech, motivated by racism, xenophobia, or bias against a person' religion or belief, age, disability, sexual orientation or gender identity, threaten the values of the EU and its Member States; whereas there is an increase in hate speech among political forces and increasing xenophobia and other bias in important sectors of the population;
Amendment 205 #
2016/2009(INI)
Motion for a resolution
Recital G
Recital G
G. whereas gender-based violence and violence against women is still ‘silently’ tolerated in many places and a zero tolerance approach is necessary;
Amendment 258 #
2016/2009(INI)
Motion for a resolution
Recital O a (new)
Recital O a (new)
Oa. whereas based on Commission proposals, the Justice and Home Affairs Council adopted in September 2015 two Decisions to relocate 160,000 asylum seekers from Italy and Greece, to assist them in dealing with the pressures of the refugee crisis;
Amendment 264 #
2016/2009(INI)
Motion for a resolution
Recital O b (new)
Recital O b (new)
Ob. whereas in the European Union the respect of Fundamental Rights is guaranteed both at national level by Member´s State constitutional democratic systems and at the EU level by the Charter;
Amendment 271 #
2016/2009(INI)
Motion for a resolution
Recital O c (new)
Recital O c (new)
Oc. whereas the European Commission stated that in some Member States main issues which threaten the rule of law have not been resolved;
Amendment 272 #
2016/2009(INI)
Motion for a resolution
Recital O d (new)
Recital O d (new)
Od. whereas the European Court of Justice in its ruling on 6 October 2015 declared the old Safe Harbour framework invalid; whereas the Court stressed in this regard the right, guaranteed by the Charter, to the protection of personal data and the task with which the national supervisory authorities are entrusted under the Charter;
Amendment 274 #
2016/2009(INI)
Motion for a resolution
Recital O e (new)
Recital O e (new)
Oe. whereas according to FRA's field work research with public officials and professionals prevailing negative social attitudes and stereotypes represent a major barrier to tackling discrimination and hate crime against LGBT persons;
Amendment 275 #
2016/2009(INI)
Motion for a resolution
Recital O f (new)
Recital O f (new)
Of. whereas recent reports show an increase in fear and insecurity amongst the Jewish and Muslim communities in the EU; http://fra.europa.eu/sites/default/files/fra-2015- paper-01-2015-post-paris-attacks-fundamental-rights- considerations-0_en.pdf;
Amendment 276 #
2016/2009(INI)
Motion for a resolution
Recital O g (new)
Recital O g (new)
Og. whereas according to a research by the European Network Against Racism, people of African descent are particularly victims of discrimination and racism, in particular police violence and hate crime;
Amendment 289 #
2016/2009(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Strongly deplores the fact that the Council has still not adopted the 2008 proposal for a directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation; welcomes the prioritisation of this directive by the Commission; reiterates its call to the Council to adopt the proposal as soon as possible;
Amendment 346 #
2016/2009(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers that the social inclusion and cultural integration of refugees and migrants in the host society is a dynamic, two-dimensional process (involving rights and duties), representing a challenge and an opportunity that requires responsibilities and efforts both by the refugees and by the Member States, their local and regional administrations and host communities;
Amendment 352 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Deplores that between September and December 2015 the Commission adopted 49 infringement decisions against Member States for inadequate implementation of legislation making up the Common European Asylum system;
Amendment 357 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Deplores that many Member Sates didn't respect their commitments under the temporary emergency relocation schemes and the European resettlement scheme;
Amendment 358 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Underlines the fundamental right to seek asylum; encourages the EU and the Member States to open up and devote sufficient resources to create new safe and legal possibilities and channels for asylum seekers to enter the European Union, so as to reduce the risks inherent in attempting to enter illegally and to combat human trafficking and smuggling networks that profit from endangering the lives of migrants and from their sexual and labour exploitation;
Amendment 361 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Urges Member States to guarantee reception conditions in compliance with existing fundamental rights and asylum legislation, with special attention paid to vulnerable people and to reducing the risk of social exclusion of asylum seekers; calls on the Commission to monitor the implementation of the Common European Asylum System (CEAS), and in particular of Directive 2013/32/EU, with specific attention to asylum seekers in need of special procedural guarantees;
Amendment 363 #
2016/2009(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Calls on Member States to refrain from inciting fear and hatred in their citizens towards migrants and asylum- seekers for political gains, therefore, calls on Member States to put an end to their strongly biased xenophobic communication strategies (such as anti- refugee billboard campaigns);
Amendment 370 #
2016/2009(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls on Member States to apply cultural, political and social inclusion policies as swiftly as possible and with adequate dedicated resources; recalls that social inclusion policies must engage local, regional and national instituhighlights the fact that the principles of equal treatment, non-discriminations and should focus on individuals rather than on groups or communities, as this can lead to sequal opportunities should always be ensured when designing and implementing social inclusion and integregation policy and measure;
Amendment 389 #
2016/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Reiterates that intercultural and inter-religious tolerance needs to be promoted via constant efforts and extensive dialogue and that the crisis arising from the waves of migration cannot be tackled without the involvement of all relevant state and non-state actors, including churches and religious organisations;
Amendment 400 #
2016/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the EU and the Member States to develop comprehensive policies to end all forms of violence against women and girls, and specific measures to ensure that women and girls refugees and asylum seekers are protected and get access to justice and to ensure that asylum policies and procedures are gender sensitive to help women and girls to escape or denounce male violence;
Amendment 408 #
Amendment 409 #
2016/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Deplores increasing Islamophobia and some political parties’ exploitation of terrorist acts and migration flows in order to arouse hatred of the Muslim community; deplores similarly the fresh upsurge in anti-Semitic acts and the renewed sense of insecurity that is causing within the Jewish community; calls on Member States to take a zero- tolerance approach and to impose appropriate and deterrent penalties for any act of hatred or discrimination against religious communities, and to promote religious tolerance through, in particular, intercultural dialogue involving all relevant stakeholders and awareness-raising campaigns in schools;
Amendment 469 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Recommends that Member States' counter-radicalisation and counter- terrorism criminal or administrative measures ensure that responses are proportionate and that any restriction to the enjoyment of human rights are subject to judicial review and/or independent oversight; encourages Member States to ensure that such policies do not create 'suspect categories' broadly based on religious affiliations or practices, nor cultivate environments of stereotyping and religious hatred;
Amendment 478 #
2016/2009(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Points up the fact that migrants and refugees making use of irregular migration channels to come to Europe are especially at risk of being trafficked and that unaccompanied minors are being particularly targeted by criminal networks; points out that establishing legal migration channels is a key factor in combating irregular migration, smuggler and trafficker networks, and the violations of fundamental rights with which they are inextricably bound up; calls therefore on the EU and Member States to step up their efforts to establish legal migration channels and, in particular, to bring about an ambitious European resettlement programme;
Amendment 528 #
2016/2009(INI)
Motion for a resolution
Subheading 5
Subheading 5
Hate crime, hate speech and xenophobia on the rise
Amendment 562 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Is concerned by increasing racism and xenophobia in the form of Afrophobia, anti-Gypsyism, Anti- Semitism, Islamophobia and anti-migrant sentiment;
Amendment 563 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Condemns incidents of hate crime and speech motivated by racism, xenophobia or religious intolerance or by bias against a person's disability, sexual orientation or gender identity, which occur in the EU on a daily basis; 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 567 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 c (new)
Paragraph 13 c (new)
13c. Deplores increasing levels of hate speech from within certain institutions, political parties, individuals and media;
Amendment 568 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 d (new)
Paragraph 13 d (new)
13d. Expresses its concern at the lack of reporting of hate crimes by victims due to inadequate safeguards and failure of authorities to properly investigate and bring convictions for hate crimes in Member States;
Amendment 570 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Expresses its concern that several Member States have not correctly transposed the provisions of Framework Decision 2008/913/JHA; calls on Member States to implement the Framework Decision on Combatting Racism and Xenophobia and the new Victims of Crime Directive and for the Commission to monitor the transposition of these instruments and to launch infringement procedures against those Member States that fail to transpose them;
Amendment 571 #
2016/2009(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Calls on the Commission to propose a review of the Framework Decision on combating certain forms and expressions of racism and xenophobia by means of criminal law to include other forms of bias-motivated crime, including on grounds of sexual orientation, gender identity and gender expression;
Amendment 582 #
2016/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Welcomes the annual EU Colloquium on Fundamental Rights and the appointment of Coordinators on anti- Semitism and anti-Muslim hatred; encourages the Commission to appoint Coordinators on Afrophobia and anti- Gypsyism and recommends adoption of European frameworks for national strategies to combat Afrophobia, anti- Gypsyism, anti-Semitism and Islamophobia;
Amendment 584 #
2016/2009(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Calls on the Commission to support training programmes for law enforcement and judicial authorities, and for the relevant EU agencies, in preventing and tackling discriminatory practices and hate crime; calls on the Member States to provide the authorities responsible for investigation and prosecution with practical tools and skills to enable them to identify and deal with the offences covered by the Framework Decision, and to interact and communicate with victims;
Amendment 595 #
2016/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the EU and the Member States to strengthen the role of human rights education in national curricula as a tool for preventing racism, homophobia and related intolerance, and calls for greater rights awareness;
Amendment 600 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 – subparagraph 1 (new)
Paragraph 15 – subparagraph 1 (new)
Gender Equality and LGBTI Rights
Amendment 601 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 602 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Notes with concern that FRA's findings show that many public officials and professionals, including healthcare professionals, perceive homosexuality as a pathological condition or disease. This can undermine efforts to protect and promote the fundamental rights of LGBTI persons;
Amendment 603 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 c (new)
Paragraph 15 c (new)
15c. Calls on EU Member States to pursue efforts to effectively implement relevant legislation prohibiting discrimination based on sexual orientation or gender identity in employment. This includes ensuring that LGBTI people, in particular, are fully informed of their rights, that discrimination victims are encouraged to lodge formal complaints, and that they are supported in doing so;
Amendment 604 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 d (new)
Paragraph 15 d (new)
15d. Notes that discrimination based on sexual orientation is still widely underreported, hampering assessments of the effi-ciency of national laws implementing Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation (Employment Equality Directive) in this field;
Amendment 605 #
2016/2009(INI)
Motion for a resolution
Paragraph 15 e (new)
Paragraph 15 e (new)
15e. Notes the intersectionality between gender and other grounds of discrimination and the disproportionate impact of multiple discrimination on women; encourages Member States to work with regional and local authorities, law enforcement bodies, national equality bodies and civil society organisations to increase monitoring of the intersectionality between different grounds of discrimination and gender;
Amendment 635 #
2016/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Highlights that improvements are still needed to combat violence against women and girls, and calls on the Member States and the EU to sign and ratify the Istanbul Convention following the launch of the procedure by the Commission in March 2016;
Amendment 649 #
2016/2009(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges Member States to lead more targeted awareness-raising campaigns, to prevent andviolence, to encourage women to report offences, to impose appropriate and deterrent penalties on offenders, to protect victims of violence and to protect their rights without delay in line with the Victims’ Rights Directive;
Amendment 655 #
2016/2009(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to assess the implementation of the Directive 2011/99/EU on the European Protection Order with regards to violence against women;
Amendment 662 #
2016/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights that no cultural, religious, national or ethnic background can justify any form of gender-based violence and that EU and national authorities should strengthen their cooperation, in particular through stepped-up exchanges of good practices and improved gathering and comparability of data on all forms of violence against women;
Amendment 672 #
2016/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Stresses that female genital mutilation is an extremely serious form of violence against women; calls on the Member States to raise the awareness of all those concerned by focusing their anti- FGM measures on prevention; further urges Member States to cooperate fully with one another so as to improve data collection and understanding of the phenomenon, in order to optimise the results of their action to protect women and girls from such mutilation;
Amendment 703 #
Amendment 719 #
2016/2009(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for a focus on violence against children at all levels, from homes to schools, public places and detention centres for migrants; encourages the European Commission to strengthen peer-learning between Member States on how to best address school bullying, in particular when it affects specific groups such as children with disabilities, LGBTI children or children from minority ethnic background;
Amendment 730 #
2016/2009(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a multi-stage system in child protection based on the best interests of the child, which should not be designed to punish parents and care-givers, but and the full respect of his or her Fundamental Rights, which should be designed to send a clear message that all forms of physical and emotional violence against children are unacceptable, and in which the separation of the child from the family would be the very last step;
Amendment 746 #
2016/2009(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Highlights that child protection should be enhanced in the digital world and calls for further cooperation between the private and public sectors; encourages those involved to follow good examples of prevention and complaint mechanisms in online social media and to implement these EU-wide; further takes the view that children should, as a matter of course, be properly informed about the dangers of the internet, for example by means of awareness raising campaigns and school programmes;
Amendment 751 #
2016/2009(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a code of conduct on protecting children’s rights online and offline in cyber space, and recalls that in the fight against cybercrime by law enforcement authorities special attention needs to be paid to crimes against children; stresses in this connection the role of Europol and the importance of Member States cooperating with one another and with Europol to combat this type of crime, and in particular to combat the online sexual exploitation of children;
Amendment 770 #
2016/2009(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28 a. Highlights that According to the Commission Report on the progress made in the fight against trafficking in human beings (2016) at least 15 % of the registered victims were children;
Amendment 778 #
2016/2009(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Highlights that traditional national minorities who have been living together with or alongside traditional majority cultures for centuries in Europe are facing the negative consequences of the migration crisis, i.e. mistrust towards non- majority autochthonous minorities; believes that the solution to this problem lies in the establishment of minimum standards on protecting the rights of traditional minorities, as preserving European heritage gives added value to diversitynational or ethnic, religious and linguistic minorities are still facing discriminations in the EU;
Amendment 857 #
2016/2009(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Highlights that discrimination on the basis of age is often combined with other forms of discrimination, such as discrimination on grounds of race and ethnicity, religion, disability, health, sexual orientation and gender identity or socio- economic conditions;
Amendment 887 #
2016/2009(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. recalls the European Court of Justice conclusion on the case CHEZ Razpredelenie Bulgaria AD v Komisia za zashtita ot diskriminatsia stating that the principle of equal treatment contained in the Directive "protects not only persons who are themselves a member of a particular race or ethnic group, but also those who are not members of such a group but suffer particular disadvantage or less favourable treatment on one of those grounds";
Amendment 892 #
2016/2009(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. calls on Member States, in the light of the Commission's Report on the implementation of the EU Framework for National Roma Integration Strategies 2015, to put in place specific measures to fight racial discrimination against Roma, and to mainstream non-discrimination policies within other EU policies such as employment and structural funds;
Amendment 907 #
2016/2009(INI)
Motion for a resolution
Subheading 11 a (new)
Subheading 11 a (new)
Upholding procedurals rights, judicial system and the rule of law (new heading)
Amendment 908 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41 b. Believes that to address the rule of law concerns raised about some EU Member States in 2015 and prevent further rule of law crises, all relevant actors at national level, including governments, parliaments and the judiciary, need to step up efforts to uphold and reinforce the rule of law;
Amendment 909 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 c (new)
Paragraph 41 c (new)
41 c. Notes that regular exchange with the EU, and among the Member States themselves, based on objective comparative criteria (such as indicators) and contextual assessments, could be an important element to mitigate or prevent any rule of law problems in the future;
Amendment 916 #
Amendment 917 #
2016/2009(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Stresses the need to consider the impact which some new technologies – such as drones – can have on fundamental rights and in particular on the right to privacy; also highlights the challenge presented by the implications of widespread internet access for fundamental rights, particularly as regards protecting personal data and combating online harassment and trafficking in human beings;
Amendment 925 #
2016/2009(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Notes the rise in euroscepticism and violent political views, and therefore urges the EU and its Member States to strengthen participation by citizens in EU matters so that Europeans understand that their voices are being heard in the EU and that policymakers are responsive to public opinion expressedand civil society organizations' in EU matters so that Europeans can voice their concerns and express their opinions through democratic channels;
Amendment 927 #
2016/2009(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Stresses the need to inform European citizens and residents, as well as migrants and refugees, of the importance of the values on which the Union is founded and which are set out in Article 2 of the Treaty; takes the view that awareness-raising campaigns should be set up, e.g. as part of school curricula and migrant assistance programmes;
Amendment 930 #
2016/2009(INI)
Motion for a resolution
Paragraph 42 b (new)
Paragraph 42 b (new)
42b. Expresses deep alarm at recent developments in some Member States vis- à-vis respect for the rule of law; stresses that the rule of law is one of the EU’s founding values and is inseparably yoked to respect for human rights; also stresses that it is the responsibility of the Union to ensure that it is fully respected both by accession candidates and by Member States; notes in this connection that every Member State should be continually, officially and objectively monitored as to its respect for the rule of law;
Amendment 943 #
2016/2009(INI)
Motion for a resolution
Paragraph 44
Paragraph 44
44. Notes that civil society organisations, including volunteering and youth work, play a key role in social and civic participation and calls on the EU and the Member States to support and to promote their work;
Amendment 962 #
2016/2009(INI)
Motion for a resolution
Paragraph 46 a (new)
Paragraph 46 a (new)
46 a. Reiterates the importance of the Charter awareness raising. The 2015 Eurobarometer survey on awareness of the Charter showed that the interest on information about the rights people enjoy under the Charter remains high;
Amendment 967 #
2016/2009(INI)
Motion for a resolution
Paragraph 46 b (new)
Paragraph 46 b (new)
46 b. Calls on EU Member States to complement their efforts with more proactive policy initiatives. This could include a pronounced emphasis on mainstreaming Charter obligations in EU-relevant legislative files and dedicated policymaking to promote awareness of the Charter rights among target groups;
Amendment 1 #
2016/2004(BUD)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the joint statement for a payment plan 2015-2016 agreed on 19 May 2015,
Amendment 42 #
2016/2004(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes the Commission’s European Economic Forecast (Autumn 2015), which indicates a modest recovery; stresses, however, that this recovery remains worryingly weak and too slow for a prompt return to full employment to be achieved, with long-term and very long-term unemployment on the rise; notes, furthermore, the appearance of new challenges, such as the risk of slowdown in emerging market economies and global trade, with particular pressure arising from volatility on Chinese markets, the need to tackle the refugee crisis, and persisting geopolitical tensions;
Amendment 64 #
2016/2004(BUD)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets that the Union budget has in recent years been a collateral victim of Member States’ fiscal consolidation efforts aimed at complying with their obligations under the Stability and Growth Pact, which have led them to consider their contribution to the Union budget as a burden and to treat it as an adjustment variable;
Amendment 78 #
2016/2004(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. HighlightRecalls the fact that the Union has had to face numerous crises in recent years; recalls that a solution has still not been found for the Europe-wide migrant and refugee crisis, which escalated in 2015 with a sudden and massive increase in the numbers of refugees and migrants travelling to the Union to seek asylum, which has further impacted on the internal crisis; underlineshighlights that, despite the Commission's migration action plan, the refugee crisis that knows the Union but also the neighbouring countries of the Syrian conflict has not been solved yet and has even been accelerated in 2015; deplores that a long-term and sustainable European solution has still not been found; stresses the need that the EUnion budget should be used as part of a European solution to overcome these emergenciestrongly revised upwards in order to be able to effectively finance the implementation of EU policies dealing with this crisis;
Amendment 81 #
2016/2004(BUD)
Motion for a resolution
Paragraph 7
Paragraph 7
7. HighlightRecalls the fact that the Union has had to face numerous crises in recent years; recalls that a solution has still not been found for the Europe-wide migrant and refugee crisis, which escalated in 2015 with a sudden and massive increase in the numbers of refugees and migrants travelling to the Union to seek asylum, which has further impacted on the internal crisis; underlineshighlights that, despite the Commission's migration action plan, the refugee crisis that knows the Union but also the neighbouring countries of the Syrian conflict has not been solved yet and has even been accelerated in 2015; deplores that a long-term and sustainable European solution has still not been found; stresses the need that the EUnion budget should be used as part of a European solution to overcome these emergenciestrongly revised upwards in order to be able to effectively finance the implementation of EU policies dealing with this crisis;
Amendment 88 #
2016/2004(BUD)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the Union budget provides the backbone of the investment plan by making available the EUR 8 billion required in commitment and payment appropriations for the provisioning of the guarantee fund of the European Fund for Strategic Investments (EFSI), out of which a total of EUR 3.38 billion has already been mobilised in the 2015 and 2016 budgets; reiterates its commitmnotes the first examples of synergy betweent to reinforcehe EFSI and Horizon 2020 and the Connecting Europe Facility through the annual budgetary procedure, in order to compensate the cuts agreed during the EFSI negotiations as much as possible; calls on the Commission to actively facilitate synergies between different EU funds, including ESIF, Horizon2020, COSME and EFSI, by using all new regulatory possibilities and setting up a tracking system to identify cases of a combination of EU funding;
Amendment 91 #
2016/2004(BUD)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Notes with satisfaction the high absorption rates of Horizon2020 programmes but is concerned about the worryingly low average success rate of project financing, which does not only leave many excellent projects unfinanced but could discourage participation in the calls for interest; reiterates its commitment to reinforce Horizon 2020 and the Connecting Europe Facility through the annual budgetary procedure, in order to compensate the cuts agreed during the EFSI negotiations as much as possible; calls on Member States to explore possibilities to take over the Horizon2020 projects that received a positive evaluation but cannot be co- financed due to unavailability of budget;
Amendment 101 #
2016/2004(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers the European Youth Initiative (YEI), in particular, to be a fundamental contribution to the Union’s priority objective for jobs and growth, and therefore reiterates its commitment to continued funding for this programme with a view to scaling it up and thereby offering a greater number of young people the prospect of effectively entering the labour market by receiving a good quality offer of employment, continued education or apprenticeship; recalls the commitment made by the three institutions to ‘ensure appropriate funding via an Amending Budget in 2016, by making use of all available means provided for in the MFF, and primarily of the Global Margin for Commitments’; notes that the figures for implementation indicate full success in terms of absorption capacity; calls on the Commission to present its evaluation of the YEI at the latest by the end of April 2016, and at all events in time for the inclusion of a prolongation of the programme in the EU budget 2017, while also laying the groundwork for the search for a permanent source of funding for the YEI as part of the revision of the MFF; underlines, furthermore, the need to extend access to EGF support to young people up to the age of 25 who are not in employment, education or training (NEETs) in equal numbers to workers receiving support in regions with high youth unemployment;
Amendment 124 #
2016/2004(BUD)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the Commission to urgently present a medium and long term political and financial plan, taking into account the different scenarios and their impact on the 2017 budget , to deal with the migration crisis;
Amendment 128 #
2016/2004(BUD)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11 b. Points out, in regard of the migration crisis, that the Union Agencies require the resources necessary to allow them to fulfil their assigned tasks; calls on the Commission to provide updated and consolidated information on the needs of the agencies; asks the Commission to propose a medium and long term strategy regarding the actions of the agencies in the field of JAI: objectives, tasks, coordination, Hotspots and financial resources;
Amendment 144 #
2016/2004(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the principle and objectives of the EUR 3 billion Refugee Facility for Turkey, and calls on each Member State to take on its share, butCalls on each Member State to take on its share in the package of the Refugee Facility for Turkey; raises the question of how the Union contribution should be made available within the respective ceilings of the Union budget for 2016 and 2017; deplores the fact that Parliament was not properly involved in either the setting- up of the facility or the mobilisation of the Union’s contribution, as shown by the Commission’s announcement of its intention to finance the Union contribution by redeployment from the recently adopted Union budget for 2016 and by pre-empting the margins of the 2017 budget; considers these actions to be clear infringements of Parliament’s rights as an arm of the budgetary authority;
Amendment 154 #
2016/2004(BUD)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that in the 2015 and 2016 budgets the Commission in many cases refrained from asking for additional payment appropriations for a number of its crisis responses (frontloading of EUR 2 billion for Greece, first initiatives in the area of migration), instead reverting to the redeployment of already existing resources; stresses that this has increased the burden on payment appropriations in 2016 and beyond, potentially re-creating a situation where appropriations may not be sufficient to meet the actual needs of financial programmes across headings; is concerned that this situation, added to the delay in starting the implementation of programmes under shared management, could re-create the conditions which led, at the end of the last MFF, to an unprecedented level of RALs and an unsustainable backlog of outstanding payment claims ; recalls its long-standing position that unforeseen payment needs should be financed with fresh appropriations;
Amendment 176 #
2016/2004(BUD)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s efforts in developing the ‘EU Budget Focused on Results’ strategy; stresses that particular att, as called for in the TFEU, Interinstitutional agreementi on should be paid to the performance of financial instruments under the Union funding programmes; believes, furthermore, that, aparbudgetary discipline and Parliament resolutions; calls on the Commission to propose a pilot fprom the Union institutions, considerable responsibility also lies wject that would implement in a chosen area of activithy the Member States, given the fact that 80 % of the budget is under ‘shared management’; calls on the Member States, therefore, to do their utmost to guarantee sound financial management and the reduction of errors, and to avoid any delays in the implementation of programmes under their responsibilityconcept of the "performance based budgeting", including the definition of measurable priorities and targets, credible measures to achieve them and adequate quantitative and qualitative indicators to measure performance;
Amendment 177 #
2016/2004(BUD)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Stresses that particular attention should be paid to the performance of financial instruments under the Union funding programmes, which have proved to be able to reach out to important target groups such as SMEs, innovative enterprises and microenterprises and to mobilise significant additional resources from the private and public sector; calls on the Commission to further expand the use of financial instruments, in particular to improve SMEs and microenterprises access to finance as well as to provide them with couching activities, business and financial advice;
Amendment 179 #
2016/2004(BUD)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19 b. Believes, furthermore, that, apart from the Union institutions, considerable responsibility also lies with the Member States, given the fact that 80 % of the budget is under 'shared management'; calls on the Member States, therefore, to do their utmost to guarantee sound financial management and the reduction of errors, and to avoid any delays in the implementation of programmes under their responsibility;
Amendment 198 #
2016/2004(BUD)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its position in favour of an in-depth reform of the system of Union own resources, and gives the highest political importance to the work of the High Level Group on Own Resources created as part of the MFF 2014-2020 agreement; expects the Commission and the Council to take on board the final outcome, which is expected by the end of 2016, including any new candidate for own resources; recalls that the leading idea behind the own resources reform is to make the Union budget more stable, more sustainable, more predictable, and more autonomous, while alsoautonomous, while ensuring its stability, sustainability and predictability as well as alleviating the burden of excessive spending from national budgets and improving transparency and visibility for the citizens;
Amendment 173 #
2016/0409(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) SIS includes a central system (Central SIS) and national systems withhich may contain a full or partial copy of the SIS database. Considering that SIS is the most important information exchange instrument in Europe, it is necessary to ensure its uninterrupted operation at central as well as at national level. Therefore each Member State should establish a partial or full copy of the SIS database and should set uplarge investments are needed to bolster and improve the central system and its backup system(s).
Amendment 174 #
2016/0409(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts (SIRENE manual). National authorities in each Member State (the SIRENE Bureaux), should ensure the quick and efficient exchange of this information.
Amendment 177 #
2016/0409(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to maintain theguarantee the quick and efficient exchange of supplementary information concerning the action to be taken specified in the alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning the available resources, user training and the response time to the inquiries received from other SIRENE Bureaux.
Amendment 179 #
2016/0409(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Without prejudice to the responsibility of Member States for the accuracy of data entered into SIS, the Agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool, and for providing reports at regular intervals to Member States. With a view to improving the quality and processing of data by end users, the eu-LISA agency must also be responsible for organising, particularly for Sirene staff, training on how to use SIS II, in accordance with Article 3 of its Regulation. (Regulation (EU) No 1077/2011)
Amendment 180 #
2016/0409(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) With a view to ensuring the security of SIS data processing carried out by end users, the Member States must make sure that staff who have access to SIS receive regular training on the security and data protection rules and on the processes related to data processing set out in the SIRENE manual.
Amendment 181 #
2016/0409(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning criminal offences, the Agency should be able to develop a state-of-the-art capability for statistical reporting to the Member States, the European Parliament, the Commission, Europol and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. Any statistic produced should not contain personal data.
Amendment 185 #
2016/0409(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographscopic data, photographs and facial images for identification purposes. The use of dactyloscopic data and facial images for identification purposes in SIS should also help to ensure consistency in border control procedures where the identification and the verification of identity are required by the use of fingerprints and facial images. Searching with dactylographscopic data should be mandatory if there is any doubt concerning the identity of a person. A consultation with the help of fingerprints may be carried out before the entry of a new alert in order to check whether the person is already the subject of an alert in SIS under another identity or another alert. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 193 #
2016/0409(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) Fingerprints and palm prints found at a crime scene should be allowed to be checked against the fingerprintsdactylographic data stored in SIS if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA47 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA48 . _________________ 47Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). 48Council Framework Decision 2002/475/JHA of 13 June 2002Directive (EU) of 15 March 2017 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 196 #
2016/0409(COD)
Proposal for a regulation
Recital 19 a (new)
Recital 19 a (new)
(19a) Any processing of photographs, facial images, DNA profiles and dactyloscopic data must not go beyond what is necessary to achieve the general objective being pursued and must be subject to the appropriate guarantees. Any use of photographs, facial images, DNA profiles or dactyloscopic data must be authorised under EU law or the law of the Member States. Any processing of photographs, facial images, DNA profiles or dactyloscopic data within the framework of SIS, including retention and use for identification purposes, must comply with the applicable provisions on data protection provided for in the SIS legal instruments, Regulation (EU) 2016/679 and the provisions in Directive 2016/680. The provisions in the legal instruments shall apply to the processing of photographs, facial images, DNA profiles and the dactyloscopic data of third-country nationals and EU citizens. In accordance with the principle of specifying the purpose, the method of use and the purpose for photographs, DNA profiles, facial images and dactyloscopic data in the SIS must be clearly defined. To that end, the Commission must be authorised to adopt an implementing act in accordance with Article 55(2).
Amendment 197 #
2016/0409(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
(19b) Any processing of photographs, facial images or dactyloscopic data of minors should be carried out in full observance of the child’s best interest as laid down in Article 3 of the 1989 United Nations Convention on the Rights of the Child.
Amendment 203 #
2016/0409(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) SIS should contain alerts on missing persons to ensure their protection or to prevent threats to public security. Issuing, at the request of the competent judiciary authority, an alert in SIS for children at risk of abduction (i.e. in order to prevent a future harm that has not yet taken place as in the case of children who are at risk of parental abduction) should be limited, therefore it is appropriate to provide for strict and appand for minors in danger (as may be the case when there is a genuine and manifest risk that the child will imminently be removed from the Member State for the purpose of forced marriage, genital mutilation or activities linked to a terropriate safeguardsst offence as referred to in Titles II and III of Directive 2017/541). In cases of children, these alerts and the corresponding procedures should serve the best interests of the child having regard to Article 24 of the Charter of Fundamental Rights of the European Union and the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 217 #
2016/0409(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) A new action should be included for cases of suspected terrorism and serious crime, allowing for a person who is suspected to have committed a serious crime or where there is a reason to believe that he or she will commit a serious crime, to be stopped and questioned in order to supply the most detailed information to the issuing Member State (investigation check). This new action should not amount either to searching the person or to his or her arrest. It should supply, however, sufficient information to decide about further actions. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA.
Amendment 218 #
2016/0409(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order to reduce the administrative burden on the different authorities involved in processing data on individuals for different purposes, it is appropriate to align the retention period of alerts on persons with the retention periods envisaged for return and illegal stay purposes. Moreover, Member States regularly extend the expiry date of alerts on persons if the required action could not be taken within the original time period. Therefore, tThe retention period for alerts on persons should be a maximum of fivthree years. Under the general principle, alerts on persons should be automatically deleted from SIS after a period of fivthree years, except those entered for the purpose of a discreet, specific or investigative check, which must be deleted after a year. Alerts on objects for the purpose of discreet, investigative or specific checks should be automatically deleted from SIS after a year, as they are still linked to persons. Alerts on objects for seizure or use as evidence in criminal proceedings should be automatically deleted from SIS after a period of five years, as after such a period the likelihood of finding them is very low and their economic value is significantly diminished. Alerts on issued and blank identification documents should be kept for 10 years, as the validity period of documents is 10 years at the time of issuance. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 222 #
2016/0409(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. Offences pursuant to Articles 1, 2, 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective 2017/541 on combating terrorism50 constitute a very serious threat to public security and integrity of life of individuals and to society, and these offences are extremely difficult to prevent, detect and investigate in an area without internal border controls where potential offenders circulate freely. Where a person or object is sought or monitored as part of criminal proceedings in relation to these offences, it is always necessary to create the corresponding alert in SIS on persons sought for a criminal judicial procedure, on persons or objects subject to a discreet, inquiry and specific check as well as on objects for seizure, as no other means would be as effective in relation to that purpose. The term ‘criminal proceedings’ is understood to cover all stages of the proceedings, from the moment a person is suspected or accused of having committed a criminal offence until the decision on the final determination of whether that person committed the criminal offence concerned has become definitive. In exceptional circumstances, the Member States should be able to derogate from that obligation only if entering an alert risks jeopardising an ongoing investigation or the safety of an individual, or when it would be contrary to the essential security interests of the Member State concerned. _________________ 50 Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (OJ L 164, 22.6.2002 p.3).
Amendment 226 #
2016/0409(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The integrity of SIS data is of primary importance. Therefore, appropriate safeguards should be provided to process SIS data at central as well as at national level to ensure the end-to-end security of data. The authorities involved in data processing should be bound by the security requirements of this Regulation and, given the correct training on data processing, be subject to a uniform incident reporting procedure and informed of potential criminal offences and penalties in this field.
Amendment 228 #
2016/0409(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Data processed in SIS and the related supplementary information exchanged in application of this Regulation should not be transferred or made available to third countries or to international organisations. However, it is appropriate to strengthen cooperation between the European Union and Interpol by promoting an efficient exchange of passport data. Where personal data is transferred from SIS to Interpol, these personal data should be subject to an adequate level of protection, guaranteed by an agreement, providing strict safeguards and conditions.
Amendment 234 #
2016/0409(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation, including the subsequent exchange and processing of supplementary information. The rights of data subjects for access, rectification and, removal, erasure of their personal data stored in SIS and of indemnity, and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member States a standard statistical system for annual reporting through a cooperation mechanism between the national supervising authorities and the European data protection supervisor.
Amendment 238 #
2016/0409(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. The extension of Europol's access rights to the SIS alerts on missing persons should further improve Europol's capacity to provide national law enforcement authorities with comprehensive operational and analytical products concerning trafficking in human beings and child sexual exploitation, including online. This would contribute to better prevention of these criminal offences, the protection of potential victims and to the investigation of perpetrators. Europol's European Cybercrime Centre would also benefit from new Europol access to SIS alerts on missing persons, including in cases of travelling sex offenders and child sexual abuse online, where perpetrators often claim that they have access to children or can get access to children who might have been registered as missing. Furthermore, since Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry or stay within the territory of a Member State either on the basis of restrictive measures or on criminal grounds or because of non-compliance with visa and stay conditions.
Amendment 240 #
2016/0409(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to bridge the gap in information sharing on terrorism, in particular on foreign terrorist fighters – where monitoring of their movement is crucial – Member States should share information on terrorism-related activity with Europol in parallel to introducing an alert in SIS, as well as hits and, related information and information when action to be taken is not carried out. This should allow Europol's European Counter Terrorism Centre to verify if there is any additional contextual information available in Europol's databases and to deliver high quality analysis contributing to disrupting terrorism networks and, where possible, preventing their attacks.
Amendment 255 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – introductory part
Article 3 – paragraph 1 – point b – introductory part
(b) ‘supplementary information’ means information not forming part of the alert data stored in SIS , but connected to SIS alerts, which is to be exchanged by the SIRENE Bureaux:
Amendment 256 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'confirmed identity' (identity established) means an identity that has been confirmed on the basis of genuine ID documents, by passport or by statement from the competent authorities;
Amendment 257 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) 'non-confirmed identity' means that there is not sufficient proof of the identity;
Amendment 258 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e c (new)
Article 3 – paragraph 1 – point e c (new)
(ec) 'identity theft' (surname, first name, date of birth) is when a person, identified in the SIS, is using the identity of another person;
Amendment 259 #
2016/0409(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e d (new)
Article 3 – paragraph 1 – point e d (new)
Amendment 268 #
2016/0409(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
Each Member State shall designate the 24/7 fully operational national authority which shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the provisions of the SIRENE Manual, as referred to in Article 8. The SIRENE Bureau shall serve as the sole point of contact to Member States for the exchange of supplementary information on alerts and to make it possible for the appropriate measures to be adopted when persons and objects have been registered in SIS II and are found following a hit.
Amendment 269 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Supplementary information shall be exchanged by the SIRENE Bureaux in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure provided for in Article 4(1)(c). Member States shall provide the necessary technical and personal resources to ensure the continuous availability and rapid and efficient exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States may use other adequately secured technical means to exchange supplementary information. In cases where the supplementary information concerns a serious crime or terrorist offence, Europol’s secure information exchange network SIENA should be the favoured technical backup method.
Amendment 272 #
2016/0409(COD)
3. The SIRENE Bureaux shall carry out their task in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 126 hours after the receipt of the request.
Amendment 276 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) Requests for supplementary information to be dealt with as a priority by the requested Sirene Bureau may be marked ‘URGENT’ in the Sirene form and followed by the reason for the urgency.
Amendment 277 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) In the case of requests for supplementary information regarding a person involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism, the SIRENE Bureaux must carry out their task immediately.
Amendment 278 #
2016/0409(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measuresThe Commission is authorised to adopt a delegated act in accordance with the procedure referred to in Article xxx regarding the instruction manual which describes in detail the rules and procedures governing the bilateral or multilateral exchange of supplementary ‘SIRENE manual’ information. Certain rules of a technical nature with a direct impact on the work of users in the Member States, particularly the SIRENE Bureaux, should be included in the SIRENE Manual. Appendices to this Manual shall set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical implementing measures for data processing. The Commission is authorised to adopt a delegated act in accordance with the examination procedure referred to in Article 72 55(2) in the form of a manual called the ‘SIRENE Manual’. to establish those rules.
Amendment 281 #
2016/0409(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing material and facilities used for processing personal data (facilities accessmaterial, access control and facility entry control);
Amendment 282 #
2016/0409(COD)
(ba) prevent the unauthorised processing of data in SIS and any unauthorised modification or erasure of data processed in SIS (control of data entry);
Amendment 283 #
2016/0409(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k a (new)
Article 10 – paragraph 1 – point k a (new)
(ka) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 284 #
2016/0409(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k b (new)
Article 10 – paragraph 1 – point k b (new)
(kb) ensure that the functions of SIS II perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 289 #
2016/0409(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
(6a) The Commission is authorised to adopt a delegated act, in accordance with Article XXX regarding the retention period for logs, in order to ensure that the rights of citizens are upheld when it comes to verifying the legality of data processing, and to achieve greater harmonisation of the retention period between Member States and differentiation between the retention period for logs on systematic consultations, particularly at border posts, and other consultations, particularly on the basis of police checks.
Amendment 290 #
2016/0409(COD)
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
(6b) The Commission is authorised to adopt an implementing act in accordance with Article 72(2) on the methods of communication and the format of logs for recording information.
Amendment 293 #
2016/0409(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
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. 2. National standards for training users on data quality principles and practice should be established in cooperation with the national SIRENE Bureau. Member States may call upon the staff of the Sirene Bureaux to be involved in the training of all authorities entering alerts, stressing data quality and maximisation of the use of SIS II. 3. Member States are encouraged to take appropriate measures to avoid loss of qualification and experience caused by staff turnover. 4. Common training courses shall be organised at least once a year, to enhance cooperation between SIRENE Bureaux by allowing staff to meet colleagues from other SIRENE Bureaux, share information on national working methods and create a consistent and equivalent level of knowledge. The delivery of training should be in compliance with the Sirene Trainers Manual. 5. As far as possible, Sirene Bureaux should also expect to set up staff exchanges with other Sirene Bureaux at least once a year. 6. The agency eu-LISA shall carry out the tasks related to training on the use of SIS II, particularly for Sirene staff, in accordance with Article 3 of Regulation (EU) No 1077/2011.
Amendment 297 #
2016/0409(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing material and facilities used for processing personal data (facilities accessmaterial, access control and facility entry control);
Amendment 298 #
2016/0409(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k a (new)
Article 16 – paragraph 1 – point k a (new)
(ka) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 299 #
2016/0409(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k b (new)
Article 16 – paragraph 1 – point k b (new)
(kb) ensure that the functions of SIS II perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 300 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmitted, the type of data used to perform searches, the reference to the type of data transmitted and the name of the competent authority and the person responsible for processing the data.
Amendment 305 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
(6a) The Commission is authorised to adopt a delegated act, in accordance with Article XXX regarding the retention period for logs, in order to ensure that the rights of citizens are upheld when it comes to verifying the legality of data processing, and to achieve greater harmonisation of the retention period between Member States and differentiation between the retention period for logs on systematic consultations, particularly at border posts, and other consultations, particularly on the basis of police checks.
Amendment 306 #
2016/0409(COD)
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
(6b) The Commission is authorised to adopt an implementing act in accordance with Article 72(2) on the methods of communication and the format of logs for recording information.
Amendment 308 #
2016/0409(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, shall regularly and at least once per year carry out campaigns informing the publicEU citizens and third-country nationals about the objectives of SIS, the data stored, the authorities having access to SIS and the rights of data subjects. Member States shall, in cooperation with their national supervisory authorities, devise and implement the necessary policies to inform their citizensresidents in their territory about SIS generally.
Amendment 311 #
Amendment 313 #
2016/0409(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point j
Article 20 – paragraph 3 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 1, 2 , 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective (EU) 2017/541 on combating terrorism;
Amendment 323 #
2016/0409(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Where a person or an object is sought or monitored by a Member State as part of a criminal proceeding in relation to an offence that falls under Articles 1 to 4 of Council Framework Decision 2002/475/JHATitles II and III of Directive 2017/541 on combating terrorism, the Member State shall, in all circumstances, create the corresponding alert under either Article 34, 36 or 38 as appropriate.
Amendment 325 #
2016/0409(COD)
Proposal for a regulation
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
(2a) In exceptional circumstances, paragraph 2 is not applicable where the sharing of information would jeopardise current investigations or the safety of an individual, nor when it would be contrary to essential interests of the security of the Member State concerned.
Amendment 339 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
Amendment 340 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
(2b) Any entry of photographs, facial images, DNA profiles and dactyloscopic data of minors should be carried out in full observance of the child’s best interest as laid down in Article 24 of the EU Charter of Fundamental Rights and Article 3 of the 1989 United Nations Convention on the Rights of the Child.
Amendment 341 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
(2c) Any entry of photographs, facial images, DNA profiles and dactylographic data must not go beyond what is necessary to achieve the general objective being pursued and must be subject to the appropriate guarantees. Any entry of photographs, facial images, DNA profiles and dactylographic data must be authorised under EU law or the law of the Member States. Any entry of photographs, facial images, DNA profiles and dactylographic data as part of SIS II, including conservation and use for identification purposes, must comply with the applicable provisions on data protection provided for in the SIS II legal instruments, Regulation (EU) 2016/679 and the provisions in Directive 2016/680. The provisions in the legal instruments shall apply to the processing of photographs, facial images, DNA profiles and the dactylographic data of third- country nationals and EU citizens. In accordance with the principle of specifying the purpose, the purpose and the method of use for photographs, facial images, DNA profiles and dactylographic data in SIS II must be clearly defined. To that end, the Commission is authorised to adopt an implementing act in accordance with Article 55(2).
Amendment 342 #
2016/0409(COD)
Proposal for a regulation
Article 22 – paragraph 2 d (new)
Article 22 – paragraph 2 d (new)
2d The Commission is authorised to adopt a delegated act which describes the rules and procedures in accordance with Article XXX to introduce an Automated Fingerprint Identification System (AFIS) into SIS.
Amendment 348 #
2016/0409(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to Article 22, where available, all other data listed in Article 20(3) shall also be entered.
Amendment 349 #
2016/0409(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Updating an alert if an issuing Member State has relevant additional or modified data as listed in Article 20(2), it shall complete or correct the alert in question without delay.
Amendment 350 #
2016/0409(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Compatibility of alerts 1. Before a new alert is entered, the Member State shall verify whether the individual is already the subject of an alert in SIS. 2. Only one alert per Member State may be entered in SIS II for any one person. Several Member States may enter an alert on the same person if the alerts are compatible. 3. If a person is already the subject of an alert in SIS, the Member State wishing to enter a new alert shall verify, in accordance with the compatibility table for alerts on persons provided for in the SIRENE manual, that there is no incompatibility between the alerts. If there is no incompatibility, the Member State shall enter the new alert. If the alerts are incompatible, consultations between the relevant SIRENE Bureaux shall take place by means of exchanges of supplementary information so that an agreement can be reached in accordance with the order of priority of alerts provided for in the SIRENE manual. Departures from that order of priority may be made after consultation between the SIRENE Bureaux if essential national interests are at stake.
Amendment 352 #
2016/0409(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Requirements for alerts concerning persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism; 1. If a Member State intends to enter an alert on a person who is involved in an activity covered by Directive 2017/541, it shall simultaneously share the information with Europol’s European Centre for Combating Terrorism. 2. In the event of a hit regarding a person involved in an activity covered by the preceding paragraph, the executing Member State shall immediately inform the Member State that initiated the alert and Europol’s European Centre for Combating Terrorism. 3. To that end, the Commission is authorised to adopt an implementing act in accordance with Article 72(2) in order to specify the methods of communication.
Amendment 355 #
2016/0409(COD)
Proposal for a regulation
Chapter 7 – title
Chapter 7 – title
ALERTS ON MISSING PERSONS OR AT-RISK MINORS
Amendment 357 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. The following categories of missing persons may be entered:
Amendment 364 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c a (new)
Article 32 – paragraph 2 – point c a (new)
(ca) at-risk minors in accordance with paragraph 4a.
Amendment 365 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point c b (new)
Article 32 – paragraph 2 – point c b (new)
(cb) missing unaccompanied child migrants pursuant to Article XXX of Regulation 2018/XXX (Eurodac)
Amendment 369 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Paragraph 2(a) shall apply in particular to children and to persons who have to be interned following a decision by a competent judicial authority.
Amendment 377 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4 a (new)
Article 32 – paragraph 4 a (new)
4a. An alert concerning a child referred to in paragraph 2(ca), shall be issued upon request by the Member State’s competent judicial authority where there is a real and obvious risk of the child imminently leaving the Member State where the competent judicial authority is based because of forced marriage, genital mutilation or terrorism- related activities as referred to in Titles II and III of Directive (EU) 2017/541.
Amendment 379 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 4 b (new)
Article 32 – paragraph 4 b (new)
4b. The child alerts issued in accordance with this Article and the corresponding procedures must serve the best interests of the child. In accordance with Article 24 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 20 November 1989.
Amendment 381 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Member States shall ensure that the data entered in SIS indicate which of the categories referred to in paragraph 2 the missing or at-risk person falls into. Further, Member States shall also ensure that the data entered in SIS indicate which type of missing or vulnerableat-risk person case is involved. The rules on the categorisation of the types of cases and the entering of such data shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 383 #
2016/0409(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. Where there is a clear indication that vehicles, boats or aircraft are connected with a person who is the subject of an alert pursuant to paragraph 2, alerts on those vehicles, boats and aircraft may be issued in order to locate the person. In those cases the alert on the missing or at- risk person and the alert on the object shall be linked in accordance with Article 60. The technical rules necessary for entering, updating, deleting and searching the data referred to in this paragraph shall be laid down and developed by means of implementing measures in accordance with the examination procedure referred to in Article 72(2).
Amendment 389 #
2016/0409(COD)
Proposal for a regulation
Article 36 – paragraph 2 – introductory part
Article 36 – paragraph 2 – introductory part
2. The alert may be issued for the purposes of preventing, detecting, investigating and prosecuting criminal offences, executing a criminal sentence and for the prevention of threats to public security:
Amendment 429 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Photographs, facial images, dactylographic data and DNA profiles shall be retrieved from SIS to verifyconfirm the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 432 #
2016/0409(COD)
1a. An investigation using fingerprints may be carried out before a new alert is issued in order to verify whether the person is already in SIS under another identity or another alert.
Amendment 439 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. As soon as this becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person, within the framework of the objectives and conditions laid down in paragraph 3. Identification based on photographs or facial images shall only be used atin the context of regular border crossing points where self-service systems and automated border control systems are in use. , within the framework of the objectives and conditions laid out in paragraph 3. Before this functionality is set up in SIS, the Commission must present a report on the availability and development of the requisite technology. The European Parliament shall be consulted during the production of that report.
Amendment 441 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4 a (new)
Article 42 – paragraph 4 a (new)
4a. Any handling of photographs, facial images, DNA profiles or dactylographic data must not go beyond what is necessary to achieve the objective of general interest pursued, and should be subject to appropriate safeguards. Any use of photographs, facial images, DNA profiles or dactylographic data must be authorised by EU or national law. Any handling of photographs, facial images, DNA profiles or dactylographic data under SIS II, including their retention and use for identification purposes, must be in line with the relevant data protection provisions established by the legal instruments of SIS II, with Regulation (EU) 2016/679 and with the provisions of Directive 2016//680. The provisions established by those legal instruments apply to the handling of the photographs, facial images, DNA profiles and dactylographic data of third-country nationals and EU citizens. In accordance with the purpose- specification principle, the purpose of and the method for using the photographs, facial images, DNA profiles and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be able to adopt an implementing act in accordance with Article 72(2).
Amendment 442 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4 b (new)
Article 42 – paragraph 4 b (new)
Amendment 443 #
2016/0409(COD)
Proposal for a regulation
Article 42 – paragraph 4 c (new)
Article 42 – paragraph 4 c (new)
4c. The Commission shall be able to adopt an implementing act in accordance with Article XXX to introduce an Automated Fingerprint Identification System (AFIS).
Amendment 459 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 2
Article 46 – paragraph 2
2. Where a search of the system by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information via communication channels and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the features designed for the exchange of supplementary information, it shall inform the issuing Member State via the channels defined by Regulation (EU) 2016/794.
Amendment 462 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 3
Article 46 – paragraph 3
3. The use of information obtained from a search in the SIS is subject to the consent of the issuing Member State concerned. If the Member State allows the use of such information, the handling thereof by Europol shall be governed by Regulation (EU) 2016/794. Europol may only communicate such information to third countries and third bodies with the consent of the issuing Member State concerned.
Amendment 464 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 4
Article 46 – paragraph 4
4. Europol may request further information from the issuing Member State concerned in accordance with the provisions of Regulation (EU) 2016/794.
Amendment 466 #
2016/0409(COD)
Proposal for a regulation
Article 46 – paragraph 7
Article 46 – paragraph 7
7. Any copies, as referred to in paragraph 6, which lead to off-line databases may be retained for a period not exceeding 48 hours. That period may be extended in the event of an emergency until the emergency comes to an end. Europol shall report any such extensions to the European Data Protection Supervisor. The content, retention period and rules and formats of the logs shall be defined in line with Article 12.
Amendment 481 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 2
Article 49 – paragraph 2
2. TAuthorised personnel from the ETIAS Central Unit under the European Border and Coast Guard Agency shall, for the purpose of performing its tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), have the right to access and search data entered in SIS, in accordance with Articles 26, 32, 34, 36 and 38(2) (j) and (k).
Amendment 484 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 3
Article 49 – paragraph 3
3. Where a verification by the European Border and Coast Guard AgencyTIAS Central Unit reveals the existence of an alert in SIS the procedures set out in Articles 20 and 22 of Regulation establishing a European Travel Information and Authorisation System (ETIAS) appliesy.
Amendment 487 #
2016/0409(COD)
Proposal for a regulation
Article 49 – paragraph 5
Article 49 – paragraph 5
5. Every instance of access and every search made by the European Border and Coast Guard Agency and separately by the ETIAS Central Unit shall be logged in accordance with the provisions of Article 12 and each use made of data accessed by them shall be registered.
Amendment 493 #
2016/0409(COD)
Proposal for a regulation
Article 51 – paragraph 2
Article 51 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it. Alerts issued for the purposes of Article 36 of this Regulation shall be kept for a maximum period of one year.
Amendment 496 #
2016/0409(COD)
Proposal for a regulation
Article 51 – paragraph 6
Article 51 – paragraph 6
6. Within the review period, the Member State issuing the alert may, following a comprehensive individual assessment, which shall be logged, decide to keep the alert longer, should this prove necessary for the purposes for which the alert was issued. In such a case paragraph 2 shall apply also to the extension. Any extension of an alert shall be communicated to CS-SIS. Extending the expiry date of an SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to extend the expiry date of an SIS alert
Amendment 497 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts for arrest for surrender or extradition purposes pursuant to Article 26 shall be deleted once the person has been surrendered or extradited to the competent authorities of the issuing Member State. They may also be deleted automatically when an alert expires in accordance with Article 51 or when a decision is adopted by the competent authority of the issuing Member State or where it is deemed necessary under the provisions on the compatibility of alerts set out in Article 23b, or where the judicial decision on which the alert was based has been revoked by the competent judicial authority according to national law.
Amendment 500 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Article 52 – paragraph 2 – subparagraph 1 – introductory part
Amendment 501 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point a – indent 2
- automatically, the expiry of the alert in accordance with Article 51;
Amendment 503 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point b – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point b – indent 2
- automatically, the expiry of the alert in accordance with Article 51; or
Amendment 504 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 2 – subparagraph 1 – point c – indent 2
Article 52 – paragraph 2 – subparagraph 1 – point c – indent 2
- automatically, the expiry of the alert in accordance with Article 51; or
Amendment 505 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 3 – introductory part
Article 52 – paragraph 3 – introductory part
3. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on persons sought for a judicial procedure shall be deleted in accordance with the following rules:
Amendment 506 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 3 – subparagraph 1 – point b
Article 52 – paragraph 3 – subparagraph 1 – point b
(b) automatically, the expiry of the alert in accordance with Article 51; or
Amendment 508 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 4 – introductory part
Article 52 – paragraph 4 – introductory part
4. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on discreet, inquiry and specific checks shall be deleted in accordance with the following rules:
Amendment 512 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 5 – introductory part
Article 52 – paragraph 5 – introductory part
5. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on objects for seizure or use as evidence shall be deleted in accordance with the following rules:
Amendment 513 #
2016/0409(COD)
Proposal for a regulation
Article 52 – paragraph 6
Article 52 – paragraph 6
6. AWithout prejudice to the provisions on the compatibility of alerts set out in Article 23b, alerts on unknown wanted persons pursuant to Article 40 shall be deleted in accordance with the following rules:
Amendment 527 #
2016/0409(COD)
Proposal for a regulation
Article 55 – title
Article 55 – title
Information in caf the alert cannot be executed, the following procedure shall apply: (a) the requested Member States shall directly inform the issuing Member States and shall state the reasons, in accordance with the provisions set of non-execution of alertut in the SIRENE Manual; (b) the Member States concerned may agree on the action to be taken in line with their own national laws and the SIS II legal instruments; (c) if the required action cannot be carried out on persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism, the requested Member State shall directly inform the European Counter Terrorism Centre under Europol;
Amendment 528 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 2 a (new)
Article 56 – paragraph 2 a (new)
Amendment 532 #
2016/0409(COD)
3a. Where a Member State other than the issuing Member State has a photograph, facial image or dactyloscopic data of a person about whom another Member State has raised an alert in SIS, it must, in accordance with the provisions set out in Article 22, send them as soon as possible to the issuing Member State so that it can complete the alert in question.
Amendment 533 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Where the Member States are unable to reach agreement within two months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decisionand to the European Data Protection Supervisor for a decision, in line with the cooperation provided for in Article 69.
Amendment 537 #
2016/0409(COD)
Proposal for a regulation
Article 56 – paragraph 6
Article 56 – paragraph 6
Amendment 543 #
2016/0409(COD)
Proposal for a regulation
Article 58 – paragraph 1 – point b
Article 58 – paragraph 1 – point b
(b) where the cross-check reveals that the subject of the new alert and the person already in SIS are indeed one and the same, the SIRENE Bureau shall apply the procedure for entering multiple alerts as referred to in Article 56(623b(3). Where the outcome of the check is that there are in fact two different persons, the SIRENE Bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications.
Amendment 544 #
2016/0409(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
1. Where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to that person's explicit consent, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused has the right to withdraw his consent for the information to be processed.
Amendment 554 #
2016/0409(COD)
Proposal for a regulation
Article 65 – title
Article 65 – title
Right of access, rectification of inaccurate data and erasure, erasure and restrictions on the processing of unlawfully stored data
Amendment 556 #
2016/0409(COD)
Proposal for a regulation
Article 65 – paragraph 1
Article 65 – paragraph 1
1. The right of data subjects to have access to data relating to them entered in SIS and to have such data rectified or erasure shall be exercisedor to obtain processing restrictions or compensation shall be exercised pursuant to Regulation 2016/679 and Directive (EU) 2016/680, in accordance with the law of the Member State before which they invoke that right.
Amendment 558 #
2016/0409(COD)
Proposal for a regulation
Article 65 – paragraph 6
Article 65 – paragraph 6
6. The person concerned shall be informed as soon as possible and in any event not later than 630 days from the date on which he applies for access or sooner if national law so provides.
Amendment 559 #
2016/0409(COD)
Proposal for a regulation
Article 65 – paragraph 7
Article 65 – paragraph 7
7. The person concerned shall be informed about the follow-up given to the exercise of his rights of rectification and erasure, erasure and processing restrictions as soon as possible and in any event not later than three month60 days from the date on which he applies for rectification or erasure or sooner if national law so provides.
Amendment 561 #
2016/0409(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, rectify, erase or obtain information or, to obtain compensation and processing restrictions in connection with an alert relating to him.
Amendment 562 #
2016/0409(COD)
Proposal for a regulation
Article 66 – paragraph 3 – subparagraph 1 – point c
Article 66 – paragraph 3 – subparagraph 1 – point c
(c) the number of requests for the rectification of inaccurate data and the erasure or restrictions on the processing of unlawfully stored data to the data controller and the number of cases where the data were correctified or erasdeleted;
Amendment 563 #
2016/0409(COD)
Proposal for a regulation
Article 66 – paragraph 3 – subparagraph 1 – point d
Article 66 – paragraph 3 – subparagraph 1 – point d
(d) the number of requests for the rectification of inaccurate data and the erasure or restrictions on the processing of unlawfully stored data submitted to the national supervisory authority;
Amendment 564 #
2016/0409(COD)
(f) the number of cases where the court ruled in favour of the applicant in any aspect of the case and the number of cases where compensation was obtained;
Amendment 566 #
2016/0409(COD)
Proposal for a regulation
Article 67 – paragraph 1 a (new)
Article 67 – paragraph 1 a (new)
1a. Each Member State shall ensure that its national supervisory authority has access to advice from persons with sufficient knowledge of fingerprint data.
Amendment 569 #
2016/0409(COD)
Proposal for a regulation
Article 68 – paragraph 1
Article 68 – paragraph 1
1. The European Data Protection Supervisor shall ensure that the personal data processing activities of the Agency are carried out in accordance with this Regulation and Regulation (EU) 2016/679. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
Amendment 578 #
Amendment 579 #
2016/0409(COD)
Proposal for a regulation
Article 70 – paragraph 1 a (new)
Article 70 – paragraph 1 a (new)
1a. Any person who, or Member State which, has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. That State shall be exempted from its liability, in whole or in part, if it proves that it is not in any way responsible for the event giving rise to the damage. Claims for compensation against a Member States for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of the national law of the defendant Member States, in accordance with Regulation (EU) 2016/671 and Directive (EU) 2016/680.
Amendment 580 #
2016/0409(COD)
Proposal for a regulation
Article 70 – paragraph 1 b (new)
Article 70 – paragraph 1 b (new)
1b. Member States shall take the necessary measures to ensure that any processing of data entered in SIS or any exchange of supplementary information contrary to the provisions of this Regulation is punishable by penalties, including administrative and/or criminal penalties in accordance with national law, that are effective, proportionate and dissuasive.
Amendment 582 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Agency shall produce, daily, monthly and annual statistics showing the number of records per category of alert, the annual number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, completing, updating or deleting an alert in total and for each Member State. The statistics produced shall not contain any personal data. The annual statistical report shall be published. The Agency shall also provide annual statistics on the use of the functionality on making an alert issued under pursuant to Article 26 of this Regulation temporarily non-searchable, in total and for each Member State, including any extensions to the retention period of 48 hours.
Amendment 585 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 5
Article 71 – paragraph 5
5. The Agency shall provide the Member States, the Commission, the European Parliament, Europol, Eurojust and the European Border and Coast Guard Agency with any statistical reports that it produces. In order to monitor the implementation of legal acts of the Union, the Commission shall be able to request the Agency to provide additional specific statistical reports, either regular or ad hoc, on the performance or use of SIS and SIRENE communication.
Amendment 587 #
2016/0409(COD)
7. Two years after SIS is brought into operation and every two years thereafter, the Agency shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS and the Communication Infrastructure, including the security thereof, the introduction of the Automated Fingerprint Identification System and the bilateral and multilateral exchange of supplementary information between Member States.
Amendment 589 #
2016/0409(COD)
8. Three years after SIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. That overall evaluation report shall also include the introduction of the Automated Fingerprint Identification System and the SIS information campaigns organised by the Commission in line with Article 19. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 591 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 8 a (new)
Article 71 – paragraph 8 a (new)
8a. One year after the entry into force of this Regulation, the Commission and the Agency shall develop the Automated Fingerprint Identification System (AFIS).
Amendment 592 #
2016/0409(COD)
Proposal for a regulation
Article 71 – paragraph 8 b (new)
Article 71 – paragraph 8 b (new)
8b. Two years after the entry into force of this Regulation, the Member States must have begun the adaptations needed to introduce the Automated Fingerprint Identification System (AFIS).
Amendment 141 #
2016/0408(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) SIS includes a central system (Central SIS) and national systems withhich may contain a full or partial copy of the SIS database. Considering that SIS is the most important information exchange instrument in Europe, it is necessary to ensure its uninterrupted operation at central as well as at national level. Therefore each Member State should establish a partial or full copy of the SIS database and should set upconsiderable investments are needed to bolster and improve the central system and its backup system(s).
Amendment 142 #
2016/0408(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) It is necessary to maintain a manual setting out the detailed rules for the exchange of certain supplementary information concerning the action called for by alerts (the SIRENE Manual). National authorities in each Member State (the SIRENE Bureaux), should ensure the exchange of this information in a fast and efficient manner.
Amendment 145 #
2016/0408(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) In order to maintain theguarantee the fast and efficient exchange of supplementary information concerning the action to be taken specified in the alerts, it is appropriate to reinforce the functioning of the SIRENE Bureaux by specifying the requirements concerning available resources, user training and the response time to the inquiries received from other SIRENE Bureaux.
Amendment 148 #
2016/0408(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Without prejudice to the responsibility of Member States for the accuracy of data entered into SIS, the Agency should become responsible for reinforcing data quality by introducing a central data quality monitoring tool, and for providing reports at regular intervals to the Member States. To improve the quality and processing of data by end-users, the Agency should also be tasked with organising training sessions, in particular for SIRENE staff, on the use of SIS II, in accordance with Rule 3 (Regulation (EU) No 1077/2011).
Amendment 149 #
2016/0408(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) To be certain that the processing of SIS data by end-users is secure, Member States should ensure that staff with access to SIS receive regular training on data security and protection rules and procedures on data processing as set out in the SIRENE Manual.
Amendment 151 #
2016/0408(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to allow better monitoring of the use of SIS to analyse trends concerning migratory pressure and border management, the Agency should be able to develop a state-of-the-art capability for statistical reporting to the Member States, the European Parliament, the Commission, Europol and the European Border and Cost Guard Agency without jeopardising data integrity. Therefore, a central statistical repository should be established. Any statistic produced should not contain personal data.
Amendment 155 #
2016/0408(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) This Regulation should set out the conditions for use of dactylographscopic data , photographs and facial images for identification purposes. The use of dactyloscopic data and facial images for identification purposes in SIS should also help ensure consistency in border control procedures where identification and the verification of identity are required by the use of dactylographscopic data and facial images. Searching with dactylographscopic data should be mandatory if there is any doubt concerning the identity of a person. To verify whether the person already appears in SIS under another identity or alert, a fingerprint search can be carried out before a new alert is entered. Facial images for identification purposes should only be used in the context of regular border controls in self-service kiosks and electronic gates.
Amendment 160 #
2016/0408(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Introducing an automated fingerprint identification service within SIS complements the existing Prüm mechanism on mutual cross-border online access to some national DNA databases and automated fingerprint identification systems. The Prüm mechanism interconnects national fingerprint identification systems so that a Member State can launch a request to ascertain whether the perpetrator of a crime whose fingerprints have been found is known in any other Member State. The Prüm mechanism only verifies whether the owner of the fingerprints has been known at one point in time; therefore, if the perpetrator only becomes known in a Member State later on, he or she could pass through the net. The SIS fingerprint search enables usera to actively search for the perpetrator.
Amendment 163 #
2016/0408(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Fingerprints and palm prints found at a crime scene should be allowed to be checked against the dactylographic data stored in SIS if it can be established to a high degree of probability that they belong to the perpetrator of the serious crime or terrorist offence. Serious crime should be the offences listed in Council Framework Decision 2002/584/JHA45 and ‘terrorist offence’ should be offences under national law referred to in Council Framework Decision 2002/475/JHA46. Directive (EU)2017/541 of 15 March 2017 on combating terrorism. _________________ 45 Council Framework Decision (2002/584/JHA) of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.07.2002, p. 1). 46Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 165 #
2016/0408(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Any processing of photographs, facial images or dactyloscopic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any use of photographs, facial images or dactyloscopic data must by authorised by Union or Member State law. Any processing of photographs, facial images or dactyloscopic images in the scope of SIS, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down by the SIS legal instruments, and with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the processing of photographs, facial images and dactyloscopic data of third-country nationals and Union citizens. In accordance with the purpose-specification principle, the purpose and method for using photographs, facial images and dactyloscopic data in SIS must be clearly defined. To this end, the Commission should be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 166 #
2016/0408(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Photographs, facial images and dactyloscopic data of minors must be processed with full regard for the best interest of the child as laid down in Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 172 #
2016/0408(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Alerts should not be kept in SIS longer than the time required to fulfil the purposes for which they were issued. In order to reduce the administrative burden on the authorities involved in processing data on individuals for different purposes, it is appropriate to align the maximum retention period of refusal of entry and stay alerts.distinguish entry ban alerts issued on the basis of the provisions of Article 11 of Directive 2008/115/CE for which the maximum retention period should be five years in accordance with the possible maximum length of entry bans issued in accordance with procedures respecting Directive 2008/115/EC Therefore, the retention period for alerts , from the other alerts which are part of this mechanism, for which the retention personsiod should be a maximum of fivremain three years. As a general principle, alerts on persons should be automatically deleted from SIS after a period of five yearsor three years, respectively. Decisions to keep alerts on persons should be based on a comprehensive individual assessment. Member States should review alerts on persons within the defined period and keep statistics about the number of alerts on persons for which the retention period has been extended.
Amendment 175 #
2016/0408(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Entering and extending the expiry date of a SIS alert should be subject to the necessary proportionality requirement, examining whether a concrete case is adequate, relevant and important enough to insert an alert in SIS. In cases of offences pursuant Articles 1, 2, 3 and 4 of Council Framework Decision 2002/475/JHA on combating terrorism49to Directive (EU) 2017/541, an alert should always be created on third country nationals convicted for any crimes of that kind, for the purposes of refusal of entry and stay taking into account the high level of threat and overall negative impact such activity may result in. _________________ 49Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6).
Amendment 176 #
2016/0408(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The integrity of SIS data is of primary importance. Therefore, appropriate safeguards should be provided to process SIS data at central as well as at national level to ensure the end-to-end security of data. The authorities involved in the data processing should be bound by the security requirements of this Regulation and, be appropriately trained for that purpose, be subject to a uniform incident reporting procedure and be informed of any offences and criminal penalties in this respect.
Amendment 177 #
2016/0408(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Data processed in SIS in application ofand the related supplementary information exchanged pursuant to this Regulation shouldall not be transferred or made available to third countries or to international organisations.
Amendment 182 #
2016/0408(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The national independent supervisory authorities should monitor the lawfulness of the processing of personal data by the Member States in relation to this Regulation, including the exchange and further processing of supplementary information. The rights of data subjects for access, rectification and, deletion, erasure of their personal data stored in SIS and compensation, and subsequent remedies before national courts as well as the mutual recognition of judgments should be set out. Therefore, it is appropriate to require annual statistics from Member StatesMember States to develop a standard statistical system for reporting annually by means of a cooperation mechanism between national supervisory authorities and the European Data Protection Supervisor.
Amendment 187 #
2016/0408(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Regulation (EU) 2016/794 (Europol Regulation) provides that Europol supports and strengthens actions carried out by the competent authorities of Member States and their cooperation in combating terrorism and serious crime and provides analysis and threat assessments. In order to facilitate Europol in carrying out its tasks, in particular within the European Migrant Smuggling Centre, it is appropriate to allow Europol access to the alert categories defined in this Regulation. Europol's European Migrant Smuggling Centre plays a major strategic role in countering the facilitation of irregular migration, it should obtain access to alerts on persons who are refused entry and stay within the territory of a Member State eitheron the basis of restrictive measures, on criminal grounds or because of non-compliance with entry and stay conditions.
Amendment 189 #
2016/0408(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) In order to bridge the gap in information sharing on terrorism, in particular on foreign terrorist fighters – where monitoring of their movement is crucial – Member States should share information on terrorism-related activity with Europol in parallel to introducing an alert in SIS, as well as hits and, related information and information in case the action to be taken is not carried out. This should allow Europol's European Counter Terrorism Centre to verify if there is any additional contextual information available in Europol's databases and to deliver high quality analysis contributing to disrupting terrorism networks and, where possible, preventing their attacks.
Amendment 199 #
2016/0408(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In accordance with Regulation (EU) 2016/1624 the European Border and Coast Guard Agency shall prepare vulnerability assessments and risk analyses. These risk analyses shall cover all aspects relevant to European integrated border management, notably threats that may affect the functioning or security of the external borders. Alerts introduced in the SIS in accordance with this Regulation, notably the alerts on refusal of entry and stay,on refusal of entry and stay or restrictive measures intended to prevent entry into or transit through Member States entered in SIS in accordance with this Regulation are relevant information for assessing possible threats that may affect the external borders, and should thus be available in view of the risk analysis which must be prepared by the European Border and Coast Guard Agency. Fulfilling the tasks assigned to the European Border and Coast Guard Agency in relation to risk analysis, necessitates access to SIS. Furthermore, in accordance with Commission proposal for a Regulation of the European Parliament and of the Council establishing a European Travel Information and Authorisation System (ETIAS)55, the ETIAS Central Unit of the European Border and Coast Guard Agency will perform verifications in SIS via ETIAS in order to perform the assessment of the applications for travel authorisation which require, inter alia, to ascertain if the third country national applying for a travel authorisation is subject of a SIS alert. To this end the ETIAS Central Unit within European Border and Coast Guard Agency should also have access to SIS to the extent necessary to carry out its mandate, namely to all alert categories on third country nationals in respect of whom an alert has been issued for the purposes of entry and stay, and those who are subject to restrictive measure intended to prevent entry or transit through Member States. _________________ 55 COM(2016) 731 final.
Amendment 208 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – introductory part
Article 3 – paragraph 1 – point b – introductory part
(b) ‘supplementary information’ means information not forming part of the alert data stored in SIS, but connected to SIS alerts, which is to be exchanged by the SIRENE Bureaux:
Amendment 209 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d a (new)
Article 3 – paragraph 1 – point d a (new)
(d a) ‘illegal stay’: the presence on the territory of a Member State of a third- country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 5 of the Schengen Borders Code or other conditions for entry, stay or residence in that Member State;
Amendment 210 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(f a) ‘confirmed identity’ (established identity) means an identity that has been confirmed on the basis of genuine ID documents, by passport or by statement from competent authorities.
Amendment 211 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f b (new)
Article 3 – paragraph 1 – point f b (new)
(f b) ‘unconfirmed identity’ means an identity of which there is not sufficient proof;
Amendment 212 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f c (new)
Article 3 – paragraph 1 – point f c (new)
(f c) ‘misused identity’ (surname, first name, date of birth) is when a person who is in SIS uses another person’s identity;
Amendment 213 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f d (new)
Article 3 – paragraph 1 – point f d (new)
Amendment 215 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(1) ‘return’ means return as defined in point 3 of Article 3 of Directive 2008/115/EC; the process of a third-country national going back — whether by voluntarily complying with an obligation to return, or being forced to return — to: - his or her country of origin, or - a country of transit in accordance with Community or bilateral readmission agreements or other arrangements, or - another third country, to which the third-country national concerned voluntarily decides to return and in which he or she will be accepted;
Amendment 216 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
(l a) ‘return decision’: an administrative or judicial decision or act, stating or declaring the stay of a third- country national to be illegal and imposing or stating an obligation to return;
Amendment 217 #
2016/0408(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) ‘entry ban’ means entry ban as defined in point 6 of Article 3 of Directive 2008/115/ECany administrative or judicial decision or act forbidding the entry or stay of a third- country national in a Member State for a specified period, accompanied by a return decision;
Amendment 225 #
2016/0408(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph l
Article 7 – paragraph 2 – subparagraph l
Each Member State shall designate thea national authority which is operational 24 hours a day, 7 days a week and shall ensure the exchange and availability of all supplementary information (the SIRENE Bureau) in accordance with the provisions of the SIRENE Manual, as referred to in Article 8. The SIRENE Bureau shall serve as single contact point for Member States to exchange supplementary information regarding alerts and to enable appropriate measures to be taken when persons or objects have been entered in SIS II and are found following a hit.
Amendment 226 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Supplementary information shall be exchanged by the SIRENE Bureaux in accordance with the provisions of the SIRENE Manual and using the Communication Infrastructure set out in Article 4(1)(c). Member States shall provide the necessary technical and personal resources to ensure the continuous availability and quick and efficient exchange of supplementary information. In the event that the Communication Infrastructure is unavailable, Member States may use other adequately secured technical means to exchange supplementary information. Where supplementary information concerns a serious crime or a terrorist offence, Europol’s Secure Information Exchange Network Application (SIENA) shall be the preferred technical backup tool.
Amendment 230 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The SIRENE Bureaux shall carry out their task in a quick and efficient manner, in particular by replying to a request for supplementary information as soon as possible but not later than 126 hours after the receipt of the request.
Amendment 232 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
(3a) In the event of requests for supplementary information regarding a person involved in an activity referred to in Titles II and III of the Directive (UE) 2017/541 on combating terrorism, the SIRENE bureaux must carry out their task immediately.
Amendment 233 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
(3b) Requests for supplementary information to be dealt with by the requested Sirene Bureau with highest priority may be marked ‘URGENT’ in the Sirene form, followed by the reason for urgency.
Amendment 234 #
2016/0408(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Detailed rules for the exchange of supplementary information shall be adopted by means of implementing measuresThe Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the adoption of a manual containing detailed rules for the bilateral or multilateral exchange of supplementary information (SIRENE Manual). Since some technical rules have a direct impact on the work of users in the Member States, including the SIRENE Bureaux, those rules should be included in the SIRENE Manual. Therefore annexes to the Manual shall set out, inter alia, rules on transliteration, code tables, forms for communication of supplementary information and other technical application measures for data processing. The Commission shall be empowered to adopt an implementing act in accordance with the examination procedure referred to in Article 55(2) in the form of a manual called the ‘SIRENE Manual’for establishing those rules.
Amendment 237 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing equipment and facilities used for processing personal data (equipment, access control and facilities accessentry control);
Amendment 238 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
Amendment 239 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k a (new)
Article 10 – paragraph 1 – point k a (new)
(k a) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 240 #
2016/0408(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point k b (new)
Article 10 – paragraph 1 – point k b (new)
(k b) ensure that the functions of SIS II perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 245 #
2016/0408(COD)
Proposal for a regulation
Article 12 – paragraph 6 a (new)
Article 12 – paragraph 6 a (new)
(6a) To guarantee that citizens’ rights are upheld with regard to monitoring the lawfulness of data processing, to improve harmonisation between the retention periods in different Member States and to achieve differentiation between the retention period for logs on systematic searches, in particular at border posts, and other searches, for example, during police controls, the Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the retention period for logs.
Amendment 246 #
2016/0408(COD)
Proposal for a regulation
Article 12 – paragraph 6 b (new)
Article 12 – paragraph 6 b (new)
(6b) The Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) concerning the rules and formats for logs.
Amendment 248 #
2016/0408(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
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. 2. National standards for training users on data quality principles and practice should be established in cooperation with the national SIRENE Bureau. Member States may call upon the staff of the Sirene Bureaux to be involved in the training of all authorities entering alerts, stressing data quality and maximisation of the use of SIS II. 3. Member States are encouraged to take appropriate measures to avoid loss of qualification and experience caused by staff turnover. 4. Common training courses shall be organised at least once a year, to enhance cooperation between SIRENE Bureaux by allowing staff to meet colleagues from other SIRENE Bureaux, share information on national working methods and create a consistent and equivalent level of knowledge. The delivery of training should be in compliance with the Sirene Trainers Manual. 5. To the extent possible, SIRENE Bureaux should also provide for staff exchanges with other SIRENE Bureaux at least once a year. 6. The Agency shall perform tasks related to training on the use of SIS II, in particular for SIRENE staff in accordance with Article 3 of Regulation (EU) No 1077/2011.
Amendment 251 #
2016/0408(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) deny unauthorised persons access to data-processing equipment and facilities used for processing personal data (equipment, access control and facilities accessentry control);
Amendment 252 #
2016/0408(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k a (new)
Article 16 – paragraph 1 – point k a (new)
(k a) ensure that installed systems may, in the case of interruption, be restored (‘recovery’);
Amendment 253 #
2016/0408(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point k b (new)
Article 16 – paragraph 1 – point k b (new)
(k b) ensure that the functions of the system perform, that the appearance of faults in the functions is reported (‘reliability’) and that stored personal data cannot be corrupted by means of a malfunctioning of the system (‘integrity’).
Amendment 254 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The logs shall show, in particular, the history of the alerts, the date and time of the data transmitted, the type of data used to perform searches, the reference to the type of data transmitted and the name of the competent authority and of the person responsible for processing the data.
Amendment 259 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 6 a (new)
Article 18 – paragraph 6 a (new)
(6a) To guarantee that citizens’ rights are upheld with regard to monitoring the lawfulness of data processing, to improve harmonisation between the retention periods in different Member States and to achieve differentiation between the retention period for logs on systematic searches, in particular at border posts, and other searches, for example, during police controls, the Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) concerning the retention period for logs.
Amendment 260 #
2016/0408(COD)
Proposal for a regulation
Article 18 – paragraph 6 b (new)
Article 18 – paragraph 6 b (new)
(6b) The Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) concerning the rules and formats for logs.
Amendment 262 #
2016/0408(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The Commission, in cooperation with the national supervisory authorities and the European Data Protection Supervisor, shall regularly, and at least once a year, carry out campaigns informing the publicUnion citizens and third-country nationals about the objectives of SIS, the data stored, the authorities having access to SIS and the rights of data subjects. Member States shall, in cooperation with their national supervisory authorities, devise and implement the necessary policies to inform their citizenspeople residing in their territory about SIS generally.
Amendment 263 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Without prejudice to Article 8(1) or the provisions of this Regulation providing for the storage of additional data, SIS shall contain only those categories of data which are supplied by each of the Member States, as required for the purposes laid down in Articles 24 and 27.
Amendment 266 #
Amendment 267 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point j
Article 20 – paragraph 2 – point j
(j) whether the person concerned is armed, violent, has escaped or is involved in an activity as referred to in Articles 1, 2 , 3Titles II and 4III of Council Framework Decision 2002/475/JHADirective 2017/541 on combating terrorism;
Amendment 270 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point o
Article 20 – paragraph 2 – point o
(o) link(s) to other alerts issued in SIS pursuant to Article 438;
Amendment 271 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 1
Article 20 – paragraph 2 – point q – indent 1
- a previous conviction as referred to inthreat to public order or public security or to national security, which may constitute the presence of the third- country national in question in the territory of a Member State in accordance with Article 24(2)(a);.
Amendment 272 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 2
Article 20 – paragraph 2 – point q – indent 2
- a serious security threat as referred to inthreat to public order, public security or to national security, which may constitute the presence of the third- country national in question in the territory of a Member State in accordance with Article 24(2)(b);.
Amendment 273 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 2 a (new)
Article 20 – paragraph 2 – point q – indent 2 a (new)
- a threat to public order, public security or to national security which may constitute the presence in the territory of a Member State of a third-country national convicted of a terrorist offence in accordance with Article 24(2)(new).
Amendment 274 #
2016/0408(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point q – indent 3
Article 20 – paragraph 2 – point q – indent 3
- an entry ban issued in line with procedures which comply with Directive 2008/115/EC as referred to in Article 24(3); or
Amendment 280 #
2016/0408(COD)
Proposal for a regulation
Article 21 – paragraph 2
Article 21 – paragraph 2
2. In the application of Article 24(2) Member States shall, in all circumstances, create such an alert in relation to a third- country nationals if the offence falls under Articles 1 – 4 of Council Framework Decision 2002/475/JHA on combating terrorism71. _________________ 71Council Framework Decision 2002/475/JHA of 13 June 2002decision referred to in Article 24(1) concerns a third- country national who has been convicted of one of the offences referred to in Directive 2017/541 on combatting terrorism (OJ L 164, 22.6.2002 p.6)or a custodial sentence of less than 5 years.
Amendment 284 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
(2a) When a Member State has a photograph, facial image or dactylographic data of a person who has been entered in SIS by another Member State, the former must, without prejudice to paragraph 1, send the photograph, image or data as soon as possible to enable the latter to complete the alert.
Amendment 285 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 b (new)
Article 22 – paragraph 2 b (new)
(2b) Photographs, facial images and dactylographic data of minors must be entered with full regard for the best interest of the child as laid down in Article 4 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 286 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 c (new)
Article 22 – paragraph 2 c (new)
(2c) Any entry of photographs, facial images or dactylographic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any entry of photographs, facial images or dactylographic data must be authorised by Union or Member State law. Any entry of photographs, facial images or dactylographic data within the framework of SIS II, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down in the SIS II legal instruments, and with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the entry of photographs, facial images and dactylographic data of third-country nationals and Union citizens. In accordance with the purpose- specification principle, the purpose and method for entering photographs, facial images and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 287 #
2016/0408(COD)
Proposal for a regulation
Article 22 – paragraph 2 d (new)
Article 22 – paragraph 2 d (new)
(2d) The Commission shall be empowered to adopt a delegated act that describes in detail the rules and procedures in accordance with Article 54a (new) for entering an Automated Fingerprint Identification System (AFIS) in SIS.
Amendment 293 #
2016/0408(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Without prejudice to Article 22, where available, all other data listed in Article 20(2) shall also be entered.
Amendment 294 #
2016/0408(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Alert update when an issuing Member State has relevant additional or modified data as listed in Article 20(2), the Member State shall complete or correct the alert without delay.
Amendment 295 #
2016/0408(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Compatibility of alerts 1. Before entering a new alert, the Member State shall check whether the person is already the subject of an alert in SIS. 2. Only one alert per Member State may be entered in SIS II for any one person. Several Member States may enter an alert on the same person if the alerts are compatible. 3. Where a person is already the subject of an alert in SIS, a Member State that wishes to enter a new alert shall check, in accordance with the compatibility table of alerts on persons referred to in the SIRENE Manual, that there is no incompatibility between the alerts. If there is no incompatibility, the Member State shall enter the new alert. If the alerts are incompatible, the SIRENE Bureaux concerned shall consult with each other by exchanging supplementary information in order to reach an agreement in line with the order of priority referred to in the SIRENE Manual. Departures from that order of priority may be made after consultation between the Member States if essential national interests are at stake.
Amendment 307 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
(2a) Under all circumstances, an alert shall be created if the decision referred to in paragraph 1 concerns a third-country national who has been convicted in a Member State of one of the offences referred to in Directive 2017/541 on combating terrorism.
Amendment 309 #
2016/0408(COD)
Proposal for a regulation
Article 24 – paragraph 2 b (new)
Article 24 – paragraph 2 b (new)
(2b) Under all circumstances, an alert shall be created if the decision referred to in paragraph 1 concerns a third-country national who has been convicted in a Member State of an offence carrying a penalty involving the deprivation of liberty of at least five years.
Amendment 312 #
2016/0408(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Conditions for alerts on refusal of entry concerning persons involved in an activity referred to in Titles II and III of Directive (EU) 2017/541 on combating terrorism; 1. Where a Member State issues an alert on refusal of entry or stay concerning a person involved in an activity referred to in Directive 2017/541, the Member State shall in parallel share this information with Europol’s European Counter Terrorism Centre. 2. In the event of a hit on an alert for refusal of entry and stay concerning a person involved in an activity referred to in the previous paragraph, the executing Member State shall immediately inform the issuing Member State and Europol’s European Counter Terrorism Centre. 3. To this end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2) specifying the communication modalities.
Amendment 315 #
2016/0408(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Article 27a Action to be taken regarding alerts 1. In the event of a hit concerning a third- country national about whom an alert has been issued in accordance with Articles 24 and 27, the competent authority should, without prejudice to Article (25(2) and the principles and provisions of the Geneva Convention of 1951 and in particular regarding the principle of non- refoulement: (a) refuse to issue the person with a visa or travel authorisation or; (b) refuse entry into the territory. In the case of a hit registered within the territory, the third-country national in question must be arrested, questioned and handed over to the competent authorities for them to decide on the action needed. 2. Supplementary detail concerning taking actions and the exchange of supplementary information is described in the SIRENE Manual.
Amendment 318 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. Photographs, facial images and dactylographic data shall be retrieved from SIS to verifyconfirm the identity of a person who has been located as a result of an alphanumeric search made in SIS.
Amendment 320 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
(1a) To check whether the person already appears in SIS under another identity or description, a fingerprint search can be carried out before a new alert is issued.
Amendment 327 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Dactylographic data stored in SIS in relation to alerts issued under Article 24 and Article 27 may also be searched with complete or incomplete sets of fingerprints or palm prints discovered at the scenes of crimes under investigation and where it can be established to a high degree of probability that they belong to the perpetrator of the offence provided that the competent authorities are unable to establish the identity of the person by using any other national, European or international database.
Amendment 330 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. As soon as this becomes technically possible, and while ensuring a high degree of reliability of identification, photographs and facial images may be used to identify a person and within the framework of the purposes and conditions referred to in paragraph 3. Identification based on photographs or facial images shall only be used in the context of regular border crossing points where self-service systems and automated border control systems are in use and within the framework of the purposes and conditions referred to in paragraph 3. Before that functionality is introduced in SIS, the Commission should present a report on the availability and level of development of the requisite technology. The Parliament shall be consulted for the production of that report.
Amendment 333 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
(4a) Any processing of photographs, facial images or dactylographic data may not exceed what is necessary for the objective of general interest pursued, and must be covered by appropriate guarantees. Any use of photographs, facial images or dactylographic data must be authorised by Union or Member State law. Any processing of photographs, facial images or dactylographic data in SIS II, including retention and use for identification purposes, must comply with the relevant provisions on data protection laid down by the SIS II legal instruments, as well as with Regulation (EU) 2016/679 and the provisions of Directive 2016/680. The provisions laid down in those legal instruments apply to the processing of photographs, facial images and dactylographic data of third-country nationals and Union citizens. In accordance with the purpose- specification principle, the purpose and method for using photographs, facial images and dactylographic data in SIS II must be clearly defined. To that end, the Commission shall be empowered to adopt an implementing act in accordance with Article 55(2).
Amendment 334 #
2016/0408(COD)
(4b) Photographs, facial images and dactylographic data of minors must be processed with full regard for the best interest of the child as laid down in Article 24 of the Charter of Fundamental Rights of the European Union and Article 3 of the United Nations Convention on the Rights of the Child of 1989.
Amendment 335 #
2016/0408(COD)
Proposal for a regulation
Article 28 – paragraph 4 c (new)
Article 28 – paragraph 4 c (new)
(4c) The Commission shall be empowered to adopt a delegated act in accordance with Article 54a (new) for introducing an Automated Fingerprint Identification System (AFIS) in SIS.
Amendment 338 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. Where a search by Europol reveals the existence of an alert in SIS, Europol shall inform the issuing Member State through the exchange of supplementary information by means of the communication infrastructure and in accordance with the provisions set out in the SIRENE Manual. Until Europol is able to use the functionalities intended for the exchange of supplementary information, it shall inform issuing Member States via the channels defined by Regulation (EU) 2016/794.
Amendment 341 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The use of information obtained from a search in the SIS is subject to the consent of the issuing Member State concerned. If the Member State allows the use of such information, the handling thereof by Europol shall be governed by Regulation (EU) 2016/794. Europol may only communicate such information to third countries and third bodies with the consent of the issuing Member State concerned.
Amendment 342 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 4
Article 30 – paragraph 4
4. Europol may request further information from the issuing Member State concerned in accordance with the provisions of Regulation (EU) 2016/794.
Amendment 344 #
2016/0408(COD)
Proposal for a regulation
Article 30 – paragraph 9
Article 30 – paragraph 9
9. For the purpose of verifying the lawfulness of data processing, self- monitoring and ensuring proper data security and integrity Europol should keep logs of every access to and search in SIS. Such logs and documentation shall not be considered to be the unlawful downloading or copying of any part of SIS. The content, retention period and rules and formats for the logs are defined in accordance with Article 12.
Amendment 353 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. TDuly authorised staff from the European Border and Coast Guard Agency shall, for the purpose of analysing the threats that may affect the functioning or security of the external bordersand assessing the vulnerability referred to in Articles 11 and 13 of Regulation (EU) 2016/1624, have the right to access and search data entered in SIS, in accordance with Articles 24 and 27.
Amendment 358 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. TDuly authorised staff from the ETIAS Central Unit of the European Border and Coast Guard Agency shall, for the purpose of performing its tasks conferred on it by the Regulation establishing a European Travel Information and Authorisation System (ETIAS), have the right to access and verify data entered in SIS, in accordance with Articles 24 and 27.]
Amendment 361 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 5
Article 32 – paragraph 5
5. Where a verification by the European Border and Coast Guard Agency for the purposes of paragraph 2TIAS Central Unit reveals the existence of an alert in SIS, the procedure set out in Articles 20 and 22 of Regulation establishing a European Travel Information and Authorisation System (ETIAS) shall appliesy.
Amendment 363 #
2016/0408(COD)
Proposal for a regulation
Article 32 – paragraph 7
Article 32 – paragraph 7
7. Every instance of access and every search made by the European Border and Coast Guard Agency and the ETIAS Central Unit shall be logged in accordance with the provisions of Article 12 and every use made of data accessed by the European Border and Coast Guard Agency shall be registered.
Amendment 366 #
2016/0408(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. A Member State issuing an alert shall, within fivthree years of its entry into SIS, review the need to retain it, except for alerts concerning an entry ban issued in accordance with Article 24(3) for which the review period is five years.
Amendment 371 #
2016/0408(COD)
Proposal for a regulation
Article 34 – paragraph 5
Article 34 – paragraph 5
5. Within the review period, the Member State issuing the alert may, following a comprehensive individual assessment, which shall be recorded, decide to keep the alert longer, should this prove necessary for the purposes for which the alert was issued. In such a case, paragraph 2 shall apply also to the extension. Any extension of an alert shall be communicated to CS-SIS. Extensions to the expiry date of a SIS alert shall be subject to the proportionality requirement, and it shall be examined whether a specific case is appropriate, relevant and important enough to extend an alert in SIS.
Amendment 373 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Alerts on refusal of entry and stay pursuant to Article 24 shall be deleted whenas soon as the decision on which the alert was entered has been withdrawn by the competent authority, where applicable following the consultation procedure referred to in Article 26.
Amendment 375 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
2. Alerts relating to third-country nationals who are the subject of a restrictive measure as referred to in Article 27 shall be deleted whenas soon as the measure implementing the travel ban has been terminated, suspended or annulled.
Amendment 376 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 2 a (new)
Article 35 – paragraph 2 a (new)
(2a) Alerts issued in accordance with Articles 24 and 27 shall automatically be deleted as soon as the alert expires in accordance with Article 34.
Amendment 377 #
2016/0408(COD)
Proposal for a regulation
Article 35 – paragraph 2 b (new)
Article 35 – paragraph 2 b (new)
(2b) Alerts issued in accordance with Articles 24 and 27 shall be deleted when necessary in accordance with the provisions regarding the compatibility of alerts set out in Article 23b.
Amendment 385 #
2016/0408(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
If a requested action cannot be performed, the following procedure applies: (a) The requested Member State shall immediately inform the issuing Member State issuing the alert. via its SIRENE Bureau stating why not, in accordance with the provisions set out in the SIRENE Manual. (b) the Member States concerned may agree on the action to be taken in line with their own national laws and the SIS II legal instruments. (c) If a requested action to be taken cannot be carried out with regard to persons involved in an activity referred to in Titles II and II of Directive (EU) 2017/541 on combating terrorism, the requested Member State shall immediately inform Europol’s European Counter Terrorism Centre;
Amendment 386 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 2 a (new)
Article 39 – paragraph 2 a (new)
(2a) In accordance with Article 23a, when an issuing Member State has relevant additional or modified data as listed in Article 20(2), the Member State shall complete or correct the alert without delay.
Amendment 389 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 3 a (new)
Article 39 – paragraph 3 a (new)
(3a) Where a Member State other than the issuing Member State has a photograph, facial image or dactyloscopic data of a person who has been entered in SIS by another Member State, the former must, in compliance with the provisions set out in Article 22, send the data as soon as possible to the issuing Member State to enable it to complete the alert in question.
Amendment 390 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 4
Article 39 – paragraph 4
4. Where the Member States are unable to reach agreement within two months of the time when the evidence first came to light, as described in paragraph 3, the Member State which did not issue the alert shall submit the matter to the national supervisory authorities concerned for a decisionand to the European Data Protection Supervisor for a decision, following the cooperation provisions set out in Article 52.
Amendment 393 #
2016/0408(COD)
Proposal for a regulation
Article 39 – paragraph 6
Article 39 – paragraph 6
Amendment 398 #
2016/0408(COD)
Proposal for a regulation
Article 41 – paragraph 1 – point b
Article 41 – paragraph 1 – point b
(b) (b) where the cross-check reveals that the subject of the new alert and the person already in SIS are indeed one and the same, the SIRENE Bureau shall apply the procedure for entering multiple alerts as referred to in Article 39(623b(3). Where the outcome of the check is that there are in fact two different persons, the SIRENE Bureau shall approve the request for entering the second alert by adding the necessary elements to avoid any misidentifications.
Amendment 399 #
2016/0408(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where confusion may arise between the person actually intended as the subject of an alert and a person whose identity has been misused, the issuing Member State shall, subject to that person's explicit consent, add data relating to the latter to the alert in order to avoid the negative consequences of misidentification. Any person whose identity has been misused has the right to withdraw his consent for the information to be processed.
Amendment 408 #
2016/0408(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
Right of access, rectification of inaccurate data and erasure and restriction of the processing of unlawfully stored data
Amendment 410 #
2016/0408(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The right of data subjects to have access to data relating to them entered in SIS and to have such data rectified or erased shall be exercisedor to obtain compensation or a processing restriction shall be exercised in compliance with Regulation 2016/679 and Directive (EU) 2016/680, in accordance with the law of the Member State before which they invoke that right.
Amendment 414 #
2016/0408(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
5. The person concerned shall be informed as soon as possible and in any event not later than 630 days from the date on which he applies for access or sooner if national law so provides.
Amendment 416 #
2016/0408(COD)
Proposal for a regulation
Article 47 – paragraph 6
Article 47 – paragraph 6
6. The person concerned shall be informed about the follow-up given to the exercise of his rights of rectification and erasure, erasure and processing restriction as soon as possible and in any event not later than three month60 days from the date on which he applies for rectification or erasure or sooner if national law so provides.
Amendment 418 #
2016/0408(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. Third-country nationals who are the subject of an alert issued in accordance with this Regulation shall be informed by the issuing Member State as soon as possible and in any event no later than 30 days after the creation of the alert concerning them, in accordance with Articles 103 and 114 of Regulation (EU) 2016/679 or Articles 12 and 13 of Directive 95/46/EC(EU) 2016/680. This information shall be provided in writing, together with a copy of or a reference to the national decision giving rise to the alert, as referred to in Article 24(1).
Amendment 421 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 1
Article 49 – paragraph 1
1. Any person may bring an action before the courts or the authority competent under the law of any Member State to access, rectify, delete or erase information or to obtain a processing restriction and compensation in connection with an alert relating to him.
Amendment 423 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point c
Article 49 – paragraph 3 – subparagraph 1 – point c
(c) the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data to the data controller and the number of cases where the data were corrected or deleted;
Amendment 424 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point d
Article 49 – paragraph 3 – subparagraph 1 – point d
(d) the number of requests for the rectification of inaccurate data and the erasure or restriction of the processing of unlawfully stored data submitted to the national supervisory authority;
Amendment 425 #
2016/0408(COD)
Proposal for a regulation
Article 49 – paragraph 3 – subparagraph 1 – point f
Article 49 – paragraph 3 – subparagraph 1 – point f
(f) the number of cases where the court ruled in favour of the applicant in any aspect of the case and the number of cases where compensation was obtained;
Amendment 427 #
2016/0408(COD)
Proposal for a regulation
Article 50 – paragraph 1 a (new)
Article 50 – paragraph 1 a (new)
(1a) Each Member State shall ensure that its national supervisory authority has access to advice from persons with sufficient knowledge of fingerprint data.
Amendment 428 #
2016/0408(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. The European Data Protection Supervisor shall ensure that the personal data processing activities of the Agency are carried out in accordance with this Regulation and with Regulation 2016/679. The duties and powers referred to in Articles 46 and 47 of Regulation (EC) No 45/2001 shall apply accordingly.
Amendment 435 #
Amendment 436 #
2016/0408(COD)
Proposal for a regulation
Article 53 – paragraph 1 a (new)
Article 53 – paragraph 1 a (new)
(1a) Any person who, or Member State which, has suffered material or immaterial damage as a result of an unlawful processing operation or any act incompatible with this Regulation shall be entitled to receive compensation from the Member State responsible for the damage suffered. The Member State shall be partially or fully relieved of that liability if it proves that the harmful event cannot be attributed to it. Claims for compensation brought against a Member State for the damage referred to in paragraphs 1 and 2 shall be governed by the provisions of national law of the defendant Member State, in accordance with Regulation (EU) 2016/671 and Directive (EU) 2016/680.
Amendment 437 #
2016/0408(COD)
Proposal for a regulation
Article 53 – paragraph 1 b (new)
Article 53 – paragraph 1 b (new)
Amendment 438 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 3
Article 54 – paragraph 3
3. The Agency shall produce, daily, monthly and annual statistics showing the number of records per category of alert, the annual number of hits per category of alert, how many times SIS was searched and how many times SIS was accessed for the purpose of entering, completing, updating or deleting an alert in total and for each Member State, including statistics on the consultation procedure referred to in Article 26. The statistics produced shall not contain any personal data. The annual statistical report shall be published.
Amendment 440 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 5
Article 54 – paragraph 5
5. The Agency shall provide the Member States, the Commission, the European Parliament, Europol and the European Border and Coast Guard Agency with any statistical reports that it produces. In order to monitor the implementation of legal acts of the Union, the Commission shall be able to request the Agency to provide additional specific statistical reports, either regular or ad-hoc, on the performance or use of SIS and SIRENE communication.
Amendment 442 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 7
Article 54 – paragraph 7
7. Two years after SIS is brought into operation and every two years thereafter, the Agency shall submit to the European Parliament and the Council a report on the technical functioning of Central SIS and the Communication Infrastructure, including the security thereof, and on the introduction of the automated fingerprint identification system, and the bilateral and multilateral exchange of supplementary information between Member States.
Amendment 445 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 8
Article 54 – paragraph 8
8. Three years after SIS is brought into operation and every four years thereafter, the Commission shall produce an overall evaluation of Central SIS and the bilateral and multilateral exchange of supplementary information between Member States. That overall evaluation shall include an examination of results achieved against objectives, and an assessment of the continuing validity of the underlying rationale, the application of this Regulation in respect of Central SIS, the security of Central SIS and any implications for future operations. The overall evaluation report shall also include the creation of an automated fingerprint file function and SIS information campaigns organised by the Commission in accordance with Article 19. The Commission shall transmit the evaluation to the European Parliament and the Council.
Amendment 447 #
2016/0408(COD)
Proposal for a regulation
Article 54 – paragraph 8 a (new)
Article 54 – paragraph 8 a (new)
(8a) One year after the Regulation has entered into force, the Commission and the Agency shall develop the Automated Fingerprint Identification System (AFIS) function.
Amendment 448 #
2016/0408(COD)
(8b) Within two years after the Regulation has entered into force, Member States should have started with the adjustments needed to introduce an Automated Fingerprint Identification System (AFIS).
Amendment 37 #
2016/0407(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Member States should take all necessary measures – while fully upholding fundamental rights, and in particular the principle of non- refoulement – to return illegally staying third-country nationals in an effective and proportionate manner, in accordance with the provisions of Directive 2008/115/EC.
Amendment 48 #
2016/0407(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure the effectiveness of return and increase the added value of alerts on return, Member States should enter alerts in SIS in relation to all return decisions they issued to illegally staying third- country nationals in accordance with provisions respecting Directive 2008/115/EC. For this purpose, Member States should enter an alert in SIS also when decisions imposing or stating an obligation to return are issued in the situations described in Article 2(2) of that Directive, notably to third-country nationals who are subject to a refusal of entry in accordance with the Schengen Borders Code, or who are apprehended or intercepted by the competent authorities in connection with the irregular crossing by land, sea or air of the external border of a Member State and who have not subsequently obtained an authorisation or a right to stay in that Member State, and to third-country nationals who are subject to return as a criminal law sanction or as a consequence of a criminal law sanction, according to national law, or who are the subject of extradition procedures. In order to reduce the administrative burden for Member States and the number of less useful SIS entries, Member States may refrain from entering an alert if the return decision does not set a deadline for voluntary departure and the third-country national is placed in detention prior to removal.
Amendment 51 #
2016/0407(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Where enforcement of a return decision issued in accordance with provisions respecting Directive 2008/115/EC is suspended or postponed, the issuing Member State should mark the alert on return with a suspension indicator to ensure that it is only accessible to SIRENE bureaux, that it is not searchable by end-users, and that the action called for is not enforced.
Amendment 58 #
2016/0407(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Each Member State should designate an national authority responsible for the exchange of supplementary information in connection to alerts on returnthat is fully operational 24 hours a day, 7 days a week, and responsible for the exchange of supplementary information on third- country nationals who are the subject of a return decision (‘Migration Office’) in order to ensure efficient and swift cooperation among the Member States.
Amendment 61 #
2016/0407(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) Where a third-country national who is subject of an alert on return is identified by a competent authority and it has been ascertained by the same authority that the obligation to return has not been complied with, that authority should immediately consult the issuing Member State through the exchange of supplementary information in order to determine the action to be taken. That action should be carried out in accordance with the EU return acquis and other provisions of national and EU legislation applicable to the case concerned. The Member States should nevertheless prioritise the recognition of the return decision of the issuing Member State pursuant to Directive 2001/40/EC.
Amendment 62 #
2016/0407(COD)
Proposal for a regulation
Recital 11 b (new)
Recital 11 b (new)
(11b) Entering information on voluntary departure deadlines into the SIS should allow illegally staying third-country nationals, when checked, to say why they should be allowed to remain in a Member State.
Amendment 63 #
2016/0407(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Alerts on return should be automatically deleted as soon as the alert expires, in accordance with the examination procedure. They should also be deleted as soon as the Member State or competent authority that issued the return decision in accordance with provisions respecting Directive 2008/115/EC has been informed that the return has taken place. Where a return decision is accompanied by an entry ban, the latter should be entered in SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks]. In such cases Member States should take all necessary measures to ensure that no time-gap exist betwee, or, where necessary, in accordance with the provisions on the mcoment in which the third-country national leaves the Schengen area and the activation of the alert on the entry ban in SISpatibility of alerts.
Amendment 66 #
2016/0407(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Where a return decision is accompanied by an entry ban, the latter should be entered in the SIS in accordance with Article 24(3) of Regulation (EU) 2018/xxx [border checks].In such cases, Member States must take all necessary measures to ensure that there is no delay between the time the third-country national leaves the Schengen area and the time the alert on the entry ban is activated in the SIS.
Amendment 69 #
2016/0407(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) SIS should contain a mechanism for notifying the Member States about the non- compliance of third-country nationals with an obligation to return within a given period of voluntary departure. The mechanism should support the Member States in fulfilling their obligations in accordance with Article 8(1) and Article 11 of Directive 2008/115/EC with regard to third-country nationals who have not complied with an obligation to return.
Amendment 71 #
2016/0407(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Alerts should be kept in SIS only for the time required to fulfil the purposes for which they were entered. In accordance with Article 34 of Regulation (EU) 2018/xxx [border checks] the review period for alerts on the return of third- country nationals is five years.
Amendment 78 #
2016/0407(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) National authorities responsible for return may differ significantly among Member States, and such authorities may also vary within a Member State depending on the reasons for illegal stay. Judicial authorities may also issue return decisions in accordance with provisions respecting Directive 2008/115/EC, for instance as result of appeals against a refusal of granting an authorisation or right to stay, or as a criminal sanction. All national authorities in charge of issuing and enforcing return decisions in accordance with Directive 2008/115/EC should be entitled to access SIS in order to enter, update, delete and search alerts on return.
Amendment 80 #
2016/0407(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) National authorities responsible for return may differ significantly among Member States, and such authorities may also vary within a Member State depending on the reasons for illegal stay. Judicial authorities may also issue return decisions in accordance with provisions respecting Directive 2008/115/EC, for instance as result of appeals against a refusal of granting an authorisation or right to stay, or as a criminal sanction. All national authorities in charge of issuing and enforcing return decisions in accordance with Directive 2008/115/EC should be entitled to access SIS in order to enter, update, delete and search alerts on return.
Amendment 94 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d a (new)
Article 2 – paragraph 1 – point d a (new)
(da) ‘entry ban’ means any administrative or judicial decision or act prohibiting entry into and stay on the territory of Member States for a fixed period.
Amendment 95 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d b (new)
Article 2 – paragraph 1 – point d b (new)
(db) ‘illegal stay’ means an illegal stay as defined in point 3 of Article 3 of Directive 2008/115/EC;
Amendment 96 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d c (new)
Article 2 – paragraph 1 – point d c (new)
(dc) ‘removal’ means removal as defined in point 5 of Article 3 of Directive 2008/115/EC;
Amendment 97 #
2016/0407(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f a (new)
Article 2 – paragraph 1 – point f a (new)
(fa) ‘suspension indicator’ means a marker that an issuing Member State may add to an alert on return where enforcement of a return decision is suspended or postponed.
Amendment 98 #
2016/0407(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Data on third-country nationals subject to a return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be entered immediately in SIS for the purpose of verifying that the obligation to return has been complied with and for supporting the enforcement of the decision. An alert shall be entered in SIS without delay when the return decision is issued in accordance with provisions respecting Directive 2008/115/EC, and in accordance with the provisions on the compatibility of alerts laid down in Article 23b of Regulation (EU) 2018/xxx.
Amendment 101 #
2016/0407(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. Member States may refrain from entering an alert if the return decision does not set a deadline for voluntary departure and the third-country national is placed in detention prior to removal.
Amendment 103 #
2016/0407(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The suspension and the postponement of the enforcement of the return decision issued in accordance with provisions respecting Directive 2008/115/EC shall be immediately recorded in the alert, and a suspension indicator shall be added to the alert. Where a suspension indicator has been added, the alert shall only be accessible to SIRENE bureaux; it shall not be searchable by end-users; and the action called for shall not be enforced.
Amendment 107 #
Amendment 125 #
2016/0407(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Each Member State shall designate an national authority that is fully operational 24 hours a day, 7 days a week, and is responsible for the exchange of supplementary information on third- country nationals who are the subject tof a return decision (‘Migration Office’) in accordance with the provisions of the SIRENE Manual laid down in Article 8 of Regulation (EU) 2018/xxx [Bborder checks]. The Migration Office shall be the Member States’ single contact point for the exchange of supplementary information on return alerts and shall make it possible for the appropriate measures to be taken when a third- country national has been registered in the SIS for that purpose and is found following a hit on a return alert.
Amendment 126 #
2016/0407(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Article 6 – paragraph 1 – subparagraph 1 – introductory part
Where a third-country national who is the subject of an alert on return is identified when exiting through the external borders of a Member State, the Member State that identified the third-country national concerned shall communicate the following information immediately to the issuing Member State through the exchange of supplementary information:
Amendment 128 #
2016/0407(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
Where a third-country national, who is the subject of an alert on return, exits through the external border of the issuing Member State, the confirmation of return shall be communicated immediately to the competent authority in accordance with national law.
Amendment 133 #
2016/0407(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. CS-SIS shall automatically notify the Member States about their alerts on return for which the period for voluntary departure has expired.
Amendment 137 #
2016/0407(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The action called for must be carried out in accordance with the EU return acquis and other provisions of national and EU legislation applicable to the individual case, which include: (a) issuing a return decision in accordance with provisions respecting Directive 2008/115/EC; (b) passing the third-country national back to the issuing Member State under an existing bilateral agreement or arrangement in accordance with Article 6(3) of Directive 2008/115/EC; or (c) recognising the return decision of the issuing Member State pursuant to Directive 2001/40/EC. In applying this Regulation, the Member States shall prioritise the recognition of the return decision of the issuing Member State pursuant to Directive 2001/40/EC.
Amendment 152 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to Articles 6 and 8, alerts on return shall be deleted whenas soon as the decision upon which the alert was based has been withdrawn or annulled by the competent authority. Alerts on return shall also be deleted when the third- country national concerned can demonstrate that they havehas left the territory of the Member States in compliance with a return decision issued in accordance with provisions respecting Directive 2008/115/EC.
Amendment 153 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. Alerts on return shall be deleted automatically as soon as they expire, in accordance with Article 34 of Regulation 2018/xxx [border checks] relating to the consideration period.
Amendment 154 #
2016/0407(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
1b. Alerts on return shall be deleted where necessary in accordance with the provisions on the compatibility of alerts laid down in Article 23b of Regulation 2018/xxx [border checks].
Amendment 158 #
2016/0407(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Data processed in SIS and the related supplementary information pursuant to this Regulation may be transferred or made available to a third- country in accordance with Chapter V of Regulation (EU) 2016/679 with the authorisation of the issuing Member State, only for the purpose of identification of and issuance of an identification or travel document to an illegally staying-third country national in view of return and only where the following conditions are met: (a) the third country explicitly agrees to use the data only for the purpose for which they were provided, to respect that which is lawful and necessary for the purposes set out in paragraph 1, and to delete the data concerned when their retention can no longer be justified; (b) the third-country national concerned has been informed that his or her personal data may be shared with the authorities of a third country; (c) no information regarding the fact that an illegally staying third-country national has made an application for international protection in a Member State shall be disclosed to a third country, particularly where that country is also the applicant’s country of origin. Data processed in SIS and the related supplementary information exchanged pursuant to this Regulation shall not be made available to a third country where the return decision has temporarily been suspended or postponed in line with Article 3(3).
Amendment 168 #
2016/0407(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
As far as not established in this Regulation, the provisions on responsibilities of the Member States and the Agency, the entry and, processing, updating and compatibility of alerts, the conditions to access and retention of alerts, data processing, data protection, liability and monitoring and statistics laid down in Articles 6 to 19, Article 20(3)-(4) as well as in Articles 21, 22, 28, 29(4) and 33 to 54 of Regulation (EU) 2018/ xxx [Border checks] shall apply to data entered and processed in SIS in accordance with this Regulation.
Amendment 193 #
2016/0357A(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) ETIAS should contribute to the facilitation of border checks performed by border guards at the external borders crossing points and ensure a coordinated and harmonised assessment of third country nationals subject to the travel authorisation requirement intending at visiting the Schengen area. In addition it should enable to better inform applicants of their eligibility to visit the Schengen area. Moreover, the ETIAS should also contribute to the facilitation of border checks by reducing the number of refusals of entry at the external borders and in certain cases, by enabling border guards to access additional information relevant for second-line checks.
Amendment 197 #
2016/0357A(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The ETIAS should also support the objectives of the Schengen Information System (SIS) related to the alerts for the purpose of refusing entry, the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks, inquiry checks or specific checks. For this purpose the ETIAS should carry out an automated processing of the application files against the relevant alerts in the SIS. This processing will be carried for the purpose of supporting the SIS. Accordingly, any hit resulting from this comparison should be stored in the SIS.
Amendment 200 #
2016/0357A(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The ETIAS Central Unit should be part of the European Border and Coast Guard Agency. The ETIAS Central Unit should be responsible for verifying travel authorisations' applications rejected fromthat trigger one or more hits in the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit, for the screening rules, and for carrying out regular audits on the processing of applications. The ETIAS Central Unit should work in 24/7 regime.
Amendment 202 #
2016/0357A(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Each Member State should establish an ETIAS National Unit mainly responsible for the examination and decision on whether to issue or, refuse, cancel or revoke a travel authorisation. The ETIAS National Units should cooperate among themselves and with Europol for the purpose of the assessment of the applications. The ETIAS National Unit should work in 24/7 regime.
Amendment 208 #
2016/0357A(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) To meet its objectives, the ETIAS should provide an online application form that the applicant should fill in with declarations relating to his or her identity, travel document, residence information, contact details, education and current occupation, his or her condition of family member to EU citizens or third country nationals benefiting from free movement not holding a residence card, if the applicant is minor, identity of the responsible person and answers to a set of background questions (whether or not the applicant is subject to any disease with epidemic potential as defined by the International Health Regulations of the World Health Organisation or other infectious or contagious parasitic diseases, criminal recordsonviction for a serious criminal offence or terrorist offence, presence in war zones, entry ban, decision to return to borders/orders to leave territory). Access to the applicants' health data should only be allowed to determine whether they represent a threat to public health.
Amendment 212 #
2016/0357A(COD)
(18) In order to finalise the application, all applicants above the age of 182, apart from those in one of the categories of applicants for whom fees are waived, should be required to pay a travel authorisation fee. The payment should be managed by a bank or a financial intermediary. Data required for securing the electronic payment should only be provided to the bank or financial intermediary operating the financial transaction and are not part of the ETIAS data.
Amendment 225 #
2016/0357A(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The assessement of such risks cannot be carried out without processing the personal data listed in recital (16). Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in the ETIAS Central System, an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the European Criminal Records Information System (ECRIS) and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) or against the ETIAS watchlists, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the ETIAS watchlist or the specific risk indicators.
Amendment 236 #
2016/0357A(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) The screening rules should be used to analyse the application file by enabling a comparison between the data recorded in an application file of the ETIAS Central System and specific risk indicators corresponding to previously identified security, irregular migration or public health risk. The criteria used for defining the specific risk indicators should in no circumstances be based on an applicant's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, sexual life or sexual orientation. In no circumstances may the ETIAS National Unit of the Member State responsible take a decision the basis for which lies solely in a hit based on specific risk indicators. The ETIAS National Unit of the Member State responsible shall assess the migration, security and public health risk in all cases.
Amendment 254 #
2016/0357A(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Issued travel authorisations should be annulled or revoked as soon as it becomes evident that the conditions for issuing it were not or are no longer met. In particular, when a new SIS alert is created for a refusal of entry or for a reported lost or stolen travel document, the SIS should inform the ETIAS which should verify whether this new alert corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State having created the alert should be immediately informed and, unless there are exceptional circumstances relating to the national security of a Member State, revoke the travel authorisation. Following a similar approach, new elements introduced in the ETIAS watchlist shall be compared with the application files stored in the ETIAS in order to verify whether this new element corresponds to a valid travel authorisation. In such a case, the ETIAS National Unit of the Member State of first entry should assess the hit and, where necessary, revoke the travel authorisation. A possibility to revoke the travel authorisation at the request of the applicant should also be provided.
Amendment 257 #
2016/0357A(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) When, in exceptional cirmcumstances, a Member State considers necessary to allow a third country national to travel to its territory on humanitarian grounds, for reasons of national interest or because of international obligations, it should have the possibility to issue a travel authorisation with limited territorial and temporal validityvalidity that is valid for a maximum period of 180 days from the date on which this travel authorisation is issued or 90 days from the date of first entry using this travel authorisation. In exceptional circumstances, this travel authorisation may be valid for the territory of several other Member States, provided that the National Unit of each of these Member States have consented to this.
Amendment 261 #
2016/0357A(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) Prior to boarding, air and sea carriers, as well as carriers transporting groups overland by coach should have the obligation to verify if travellers have all the travel documents required for entering the territory of the Member States pursuant to the Schengen Convention25. This should include verifying that travellers are in possession of a valid travel authorisation and in the case of a travel authorisation with limited territorial validity, verify the territory or territories to which the applicant is authorised to travel. The ETIAS file itself should not be accessible to carriers. A sSecure internet access, including the possibility using mobile technical solutions, should allow carriers to proceed with this consultationsend a request to the ETIAS Central System using travel document data. _________________ 25 Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders.
Amendment 265 #
2016/0357A(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) In order to comply with the revised conditions for entry, border guards should check whether the traveller is in possession of a valid travel authorisation. Therefore, during the standard border control process, the border guard should electronically read the travel document data. This operation should trigger a query to different databases as provided under the Schengen Border Code including a query to ETIAS which should provide the up-to-date travel authorisation status. The ETIAS file itself should not be accessible to the border guard for border controls and in the case of a travel authorisation with limited territorial validity, the territory or territories to which the applicant is authorised to travel. The ETIAS file itself should not be accessible to the border guard for border controls but only for additional information relevant for second-line checks that the ETIAS National Unit may have inserted to facilitate border control. If there is no valid travel authorisation, the border guard should refuse entry and should complete the border control process accordingly. If there is a valid travel authorisation, the decision to authorise or refuse entry should be taken by the border guard.
Amendment 311 #
2016/0357A(COD)
Proposal for a regulation
Recital 50 – indent 1
Recital 50 – indent 1
- to adopt a predetermined list of answers concerning the questions on the level and field of education, the current occupation and the job title, the job title and the categories of applicants for whom the travel authorisation fee is waived to be indicated in the application for a travel authorisation,
Amendment 326 #
2016/0357A(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) The revenue generated by the payment of travel authorisation fees should be assigned to cover the recurring operational and maintenance costs of the ETIAS Information System, of the ETIAS Central Unit and of the ETIAS National Units should be covered by the revenue generated by the payment of travel authorisation fees. Any amounts remaining after covering those costs should be assigned to cover expenditure incurred under programmes and actions in Chapter 18 02 (internal security) of the European Union budget or, from 2021, under the succeeding programmes and actions. In view of the specific character of the system, it is appropriate to treat the revenue as external assigned revenue.
Amendment 361 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘carrier’ means any natural or legal person whose occupation it is to provide passenger transport by air, sea or land;
Amendment 363 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) ‘person for whom an alert has been issued for the purposes of refusing entry’ means any third-country national for whom an alert has been issued in the Schengen Information System (SIS) in accordance with and for the purposes laid down in Articles 24 and 26 of Regulation (EC) No 1987/2006 of the European Parliament and of the Council;
Amendment 365 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) 'hit' means the existence of a correspondence established by comparing the personal data recorded in an application file of the ETIAS Central System with the personal data stored in a record, file or alert registered in the ETIAS Central System, in a database or in an information system queried by the ETIAS Central System, in the ETIAS watchlist referred to in Article 29 or with the specific risk indicators referred to in Article 28;
Amendment 372 #
2016/0357A(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point n
Article 3 – paragraph 1 – point n
(n) 'Europol data' means personal data provided to EuropoEuropol has at its disposal for the purpose referred to in Article 18(2)(a) of Regulation (EU) 2016/794.
Amendment 386 #
2016/0357A(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of third country nationals subject to an entry ban, persons wanted for arrest or for surrender or extradition purposes, on missing persons, on persons sought to assist with a judicial procedure and on persons for discreet checks or, specific checks or inquiry checks; and
Amendment 391 #
2016/0357A(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verifying travel authorisations' applications rejected fromthat have triggered one or more hits during the automated process in order to determine whether the applicant personal data corresponds to the personal data of the person having triggered a hit in the ETIAS Central System, one of the consulted information systems/databases or the specific risk indicators referred to in Article 28 or the ETIAS watchlist referred to in Article 29;
Amendment 398 #
2016/0357A(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) defining, testing, implementing, evaluating and revising the specific risk indicators as referred to in Article 28 after consultation of the ETIAS Screening Board, using risks defined by the Commission as the basis for this;
Amendment 409 #
2016/0357A(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) examining and deciding on travel authorisations' applications rejected by the automated applicationwhich have triggered one or more hits during automated process, anding, carrying out the manual risk assessment referred to in Article 22 and taking a decision on them;
Amendment 434 #
2016/0357A(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Interoperability between the ETIAS Information System and other information systems consulted by ETIAS such as [the Entry/Exit System (EES)], the Visa Information System (VIS), the Europol data, the Schengen Information System (SIS), [the Eurodac] and, [the European Criminal Records Information System (ECRIS)] and the Interpol databases shall be established to enable carrying out the risk assessment referred to in Article 18.
Amendment 438 #
2016/0357A(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
Amendment 441 #
2016/0357A(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Access by border guards to the ETIAS Central System in accordance with Article 41 shall be limited to searching the ETIAS Central System to obtain the travel authorisation status of a traveller present at an external border crossing point. Where further checks are necessary for second- line verifications, access by border guards to the ETIAS Central System shall be extended to the additional information entered for that purpose in an application file, by a National Unit, in accordance with Articles 33(ea) and 38(5)(db).
Amendment 444 #
2016/0357A(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Access by carriers to the ETIAS Central System by in accordance with Article 39, shall be limited to searchingnding requests to the ETIAS Central System to obtain the travel authorisation status of a traveller.
Amendment 446 #
2016/0357A(COD)
Proposal for a regulation
Article 11 – paragraph 3 a (new)
Article 11 – paragraph 3 a (new)
3a. Access to the ETIAS information system shall be established in full compliance with fundamental rights, in particular the right to non-discrimination and to data protection.
Amendment 457 #
2016/0357A(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
Amendment 463 #
2016/0357A(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The public website and the mobile app for mobile devices shall provide the applicant with a verification tool and an account service enabling applicants to provide additional information and/or documentation, where required.
Amendment 464 #
2016/0357A(COD)
Proposal for a regulation
Article 14 – paragraph 6 a (new)
Article 14 – paragraph 6 a (new)
Amendment 468 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Each applicant shall submit a completed application form including a declaration of authenticity, completeness and reliability of the data submitted and a declaration of veracity and reliability of the statements made. Minors shall submit an application form electronically signduly completed by a person exercising permanent or temporary parental authority or legal guardianship.
Amendment 472 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point e
Article 15 – paragraph 2 – point e
(e) the date of expiry of the validitissue and date of expiry of the travel document;
Amendment 486 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point j
Article 15 – paragraph 2 – point j
(j) address of first intended stay or, in the case of transit, the Member State of first intended entrytransit;
Amendment 490 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point k
Article 15 – paragraph 2 – point k
(k) for minors, surname and first name(s), home address, email address and telephone number of the applicant's parental authority or legal guardian;
Amendment 493 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point m
Article 15 – paragraph 2 – point m
(m) in the case of applications filled in by a person other than the applicant, the surname, first name(s), name of firm, organization if applicable, e-mail address, mailing address, phone number; relationship to the applicant and an electronically sign duly completed representative declaration.
Amendment 505 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) whether, over the previous 10 years, he or she has ever been convicted of any serious criminal offence inor any countrterrorist offence as defined in Articles 3(1)(m) and 3(1)(l) respectively;
Amendment 515 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point d
Article 15 – paragraph 4 – point d
(d) regarding any entry ban on him or her or any decision requiring him or her to leave the territory of a Member State or of any other country, or whether he or she was subject to any return decision issued over the last ten years.
Amendment 518 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 – point d a (new)
Article 15 – paragraph 4 – point d a (new)
(da) whether the applicant belongs to one of the categories of applicants referred to in points (b) to (d) of Article 16(2) for whom the travel authorisation fee is to be waived, to be selected from a predetermined list, and regarding the duration of the activity resulting in the fee waiver; where appropriate, the applicant shall be informed that he or she will be sent a request for additional information or documentation, in accordance with Article 23, in order to establish that the purpose of his or her travel comes under one of the categories laid down in points (c) to (e) of Article 16(2) and establish the duration of the activity concerned.
Amendment 519 #
2016/0357A(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4a. The applicant shall also declare that he or she has taken note of the entry conditions as laid down in Article 6 of Regulation (EU) No 2016/399 and of the fact that he or she may be asked for relevant supporting documents at each entry.
Amendment 535 #
2016/0357A(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. A travel authorisation fee of EUR 510 shall be paid by the applicant for each application.
Amendment 536 #
2016/0357A(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The travel authorisation fee shall be waived for children under 18 yearapplicants belonging to one of the following categories: (a) children under 12 years of age; (b) family members of EU citizens or of third-country nationals enjoying right of free movement under Union law; (c) school pupils, students, postgraduate students and accompanying teachers travelling for study or educational purposes; (d) researchers travelling for the purpose of carrying out scientific research who are third-country nationals; (e) representatives of non-profit organisations aged 25 or less participating in seminars, conferences or sports, cultural or educational events organised by non-profit organisations.
Amendment 546 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point c
Article 18 – paragraph 2 – subparagraph 2 – point c
(c) whether the applicant is subject to a refusal of entry alert or a return decision alert recorded in the SIS;
Amendment 554 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point j
Article 18 – paragraph 2 – subparagraph 2 – point j
(j) whether the data provided in the application or the IP address from which the application was sent corresponds to data recorded in the Europol data;
Amendment 557 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point k
Article 18 – paragraph 2 – subparagraph 2 – point k
(k) [whether the applicant was subject to a return decision or a removal order issued following the withdrawal or rejection of the application for internal protectionrecorded in the Eurodac;]
Amendment 587 #
2016/0357A(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The ETIAS Central Unit shall verify whether the data recorded in the application file corresponds to the data present in the ETIAS Central System or one of the consulted information systems/databases, the ETIAS watchlist referred to in Article 29 or the specific risk indicators referred to in Article 28.
Amendment 628 #
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) to (c), refuse a travel authorisation. save in exceptional circumstances to do with the national security of a Member State, in which case it shall carry out the assessment provided for in the following point;
Amendment 641 #
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 migration, security or public health risk and decide whether to issue or refuse a travel authorisation and, where appropriate, shall check that the applicant belongs to one of the categories exempted from the authorisation fee that are laid down in points (b) to (e) of Article 16(2), verifying in the process the duration of the activity resulting in the fee waiver.
Amendment 657 #
2016/0357A(COD)
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7a. In no circumstances may the ETIAS National Unit of the responsible Member State take a decision the basis for which lies solely in a hit based on specific risk indicators. The ETIAS National Unit of the responsible Member State shall individually assess the migration, security and public health risks in all cases. No decision shall be taken on the basis of a person's race or ethnic origin, political opinions, religion or philosophical beliefs, trade union membership, health, sexual life or sexual orientation.
Amendment 663 #
2016/0357A(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
Amendment 676 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. For the purpose of carrying out the assessment referred to in Article 22(4)(b) the ETIAS National Unit of the responsible Member State shall consult the authorities of the Member State(s) responsible for the data having triggered a hit pursuant to Article 18(2)(c),(d),(e),(g),(h),(i) or (k).
Amendment 680 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
Amendment 687 #
2016/0357A(COD)
Proposal for a regulation
Article 24 – paragraph 8
Article 24 – paragraph 8
8. Where one or several Member States consulted provide a negative opinion on the application, without prejudice to Article 38, the responsible Member State shall refuse the travel authorisation pursuant to Article 31.
Amendment 696 #
2016/0357A(COD)
Proposal for a regulation
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
When an ETIAS application has been deemed admissible or an application for travel authorisation with limited territorial validity has been lodged, but the ETIAS Central System has not automatically issued the authorisation, the applicant shall immediately receive a notification via the email service: (a) acknowledging receipt of the application; (b) stating the maximum period for processing the application; (c) making it clear that, during processing of the application, the applicant may be asked to provide additional information or documentation or, in exceptional circumstances, attend an interview at a consulate; (d) giving the application number, enabling the applicant to make use of the verification tool provided for in Article 26a. Within 72 hours of the date of the lodging of an application which is admissible in accordance with Article 17, the applicant shall receive a notification indicating:
Amendment 701 #
2016/0357A(COD)
Proposal for a regulation
Article 26 a (new)
Article 26 a (new)
Article 26a Verification tool and account service The Commission shall adopt a delegated act setting up a verification tool for applicants to track the progress of their applications and check the period of validity and status of their travel authorisations (valid, denied, annulled or revoked) and an account service for applicants to provide any additional information and/or documentation required.
Amendment 752 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 1
Article 29 – paragraph 1
1. The ETIAS watchlist shall consist of data related to persons who are suspected of having committed or taken part in a serious criminal offence as defined in Article 3 or persons regarding whom there are factual indications or reasonable grounds to believe that they will commit criminal offences.
Amendment 762 #
2016/0357A(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3a. One year after ETIAS comes into operation, and every two years thereafter, the European Data Protection Supervisor shall submit to the European Parliament, the Council and the Commission a report assessing the impact, effectiveness and efficiency of ETIAS with regard to data protection.
Amendment 778 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. A travel authorisation shall be valid for five years3 years or until the end of the activity that gave rise to the authorisation fee being waived pursuant to Article 16(2)(c) to (e) or until the end of validity of the travel document registered during application, whichever comes first, and. It shall be valid for the territory of the Member States.
Amendment 785 #
2016/0357A(COD)
Proposal for a regulation
Article 31 – paragraph 1 – subparagraph 1 – point a
Article 31 – paragraph 1 – subparagraph 1 – point a
Amendment 805 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – title
Article 32 – title
Notification on the issuing or refusal of a travel authorisation or a travel authorisation with limited territorial validity.
Amendment 806 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 1 – introductory part
Article 32 – paragraph 1 – introductory part
1. Where a travel authorisation or a travel authorisation with limited territorial validity has been issued, the applicant shall immediately receive a notification via the e-mail service, including:
Amendment 807 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point a
Article 32 – paragraph 1 – point a
(a) a clear indication that the travel authorisation or travel authorisation with limited territorial validity has been issued and the travel authorisation application number;
Amendment 808 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b
Article 32 – paragraph 1 – point b
(b) the commencement and expiry dates of the validity period of the travel authorisation; or the travel authorisation with limited territorial validity,
Amendment 809 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point b a (new)
Article 32 – paragraph 1 – point b a (new)
(ba) a clear indication that upon entry the applicant will have to present the same travel document as that indicated in the application form and that any change of travel document will require a new application for a travel authorisation;
Amendment 810 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point c a (new)
Article 32 – paragraph 1 – point c a (new)
(ca) where applicable, the territory or territories of the Member States to which the applicant is authorised to travel;
Amendment 811 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point d
Article 32 – paragraph 1 – point d
(d) a link to the ETIAS public website containing information on the possibility for the applicant to revoke the travel authorisation. or his or her travel authorisation with limited territorial validity and a clear indication that his or her authorisation may be revoked if the conditions for issuing it are no longer met;
Amendment 812 #
2016/0357A(COD)
Proposal for a regulation
Article 32 – paragraph 1 – point d a (new)
Article 32 – paragraph 1 – point d a (new)
(da) a clear indication that the travel authorisation or travel authorisation with limited territorial validity does not constitute an entry authorisation and a reminder of the entry conditions provided for in Article 6 of Regulation (EU) 2016/399;
Amendment 822 #
2016/0357A(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point b
Article 33 – paragraph 1 – point b
(b) a reference to the authoritythe National Unit of the Member State that issued or refused the travel authorisation and its location;
Amendment 823 #
2016/0357A(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c
Article 33 – paragraph 1 – point c
(c) place and date of the decision to issue or refuse the travel authorisation;
Amendment 824 #
2016/0357A(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point d
Article 33 – paragraph 1 – point d
(d) the commencement and expiry dates of the validity period of the travel authorisation where the period in question is shorter than provided for in Article 30;
Amendment 826 #
2016/0357A(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point e
Article 33 – paragraph 1 – point e
(e) where appropriate, the ground(s) for refusal of the travel authorisation as laid down in Article 31(1).
Amendment 827 #
2016/0357A(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point e a (new)
Article 33 – paragraph 1 – point e a (new)
(ea) additional information relevant to second-line checks related to one or more positive responses;
Amendment 831 #
2016/0357A(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
3. Without prejudice to paragraph 2, where a new refusal of entry alert or a travel document as lost, stolen or invalidated is reported in the SIS, the SIS shall inform the ETIAS Central System. The ETIAS Central System shall verify whether this new alert corresponds to a valid travel authorisation. Where this is the case, the ETIAS Central System shall transfer the application file to the ETIAS National Unit of the Member State having created the alert which shall revoke the travel authorisation, except under exceptional circumstances relating to the national security of a Member State.
Amendment 853 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. A travel authorisation with limited territorial validity may be issued exceptionally, when the Member State concernedresponsible considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations notwithstanding the fact that the manual assessment process pursuant to Article 22 is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 856 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 4
Article 38 – paragraph 4
4. A travel authorisation with limited territorial validity shall be valid for the territory of the issuing Member State and for a maximum of 1580 days. from the date of issue of this authorisation or 90 days from the first entry made on the basis of this authorisation. Exceptionally, it may be valid for the territory of several other Member States, provided that the national unity of each of these Member States has given its approval.
Amendment 860 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – introductory part
Article 38 – paragraph 5 – introductory part
5. Where a travel authorisation with territorial validity is issued or refused, the following data shall be entered in the application file:
Amendment 861 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point a
Article 38 – paragraph 5 – point a
(a) application number and status information indicating that the travel authorisation with limited territorial validity has been issued or refused;
Amendment 862 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point b
Article 38 – paragraph 5 – point b
(b) the territory or territories in which the travel authorisation holder is entitled to travel and, where appropriate, the period of validity of the authorisation where it is less than that provided for in paragraph 4;
Amendment 863 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point c
Article 38 – paragraph 5 – point c
(c) the authorNational Unity of the Member State that issued or refused the travel authorisation with limited territorial validity;
Amendment 864 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point c a (new)
Article 38 – paragraph 5 – point c a (new)
(ca) date of the decision to issue or refuse the travel authorisation with limited territorial validity;
Amendment 865 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point d
Article 38 – paragraph 5 – point d
(d) where appropriate, a reference to the humanitarian grounds, the reasons of national interest or the international obligations.
Amendment 867 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point d a (new)
Article 38 – paragraph 5 – point d a (new)
(da) where appropriate, the ground(s) for refusal of the travel authorisation with limited territorial validity.
Amendment 868 #
2016/0357A(COD)
Proposal for a regulation
Article 38 – paragraph 5 – point d b (new)
Article 38 – paragraph 5 – point d b (new)
(db) additional information relevant to second-line checks related to one or more positive responses;
Amendment 869 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. In accordance withFor the purposes of Article 26 (1) (b) of the Convention Implementing the Schengen Agreement, carriers shall consultensure that third-country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation and, in the case of a travel authorisation with limited territorial validity, shall verify the territory or territories to which the applicant is authorised to travel. Air carriers, sea carriers and group carriers operating international routes by coach shall send a query to the ETIAS Central System in order to verify whether or not third country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 876 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 1
Article 39 – paragraph 2 – subparagraph 1
A secure internet access to the carrier gateway, including the possibility to use mobile technical solutions, referred to in Article 6(2)(h) shall allow carriersair carriers, sea carriers and carriers carrying groups operating international road links by coach to proceed with the consultationquery referred to in paragraph 1 prior to the boarding of a passenger. For this purpose, the carrier shall be permitted to consultsend a query to the ETIAS Central System using the data contained in the machine readable zone of the travel document.
Amendment 878 #
2016/0357A(COD)
Proposal for a regulation
Article 39 – paragraph 2 – subparagraph 2
Article 39 – paragraph 2 – subparagraph 2
The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, where applicable, the territory or territories in which a travel authorisation with limited territorial validity is valid. Carriers may store the information sent and the answer received.
Amendment 883 #
2016/0357A(COD)
Proposal for a regulation
Article 41 – paragraph 2
Article 41 – paragraph 2
2. The ETIAS Central System shall respond by indicating whether or not the person has a valid travel authorisation and, where applicable, the territory or territories in which a travel authorisation with limited territorial validity is valid.
Amendment 887 #
2016/0357A(COD)
Proposal for a regulation
Article 41 – paragraph 2 a (new)
Article 41 – paragraph 2 a (new)
2a. The authorities competent for carrying out checks at external border crossing points shall, where appropriate, be authorised to consult the additional information relevant for second-line checks inserted in the application file in accordance with Article 33;
Amendment 888 #
2016/0357A(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
1. Where it is technically impossible to proceed with the consultation referred to in Article 41(1), because of a failure of the ETIAS Information System, the Member State's authorities competent for carrying out checks at external border crossing points shall be notified immediately by the ETIAS Central Unit.
Amendment 889 #
2016/0357A(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Where it is technically impossible to perform the search referred to in Article 41(1) because of a failure of the national border infrastructure in a Member State, that Member State's competent authority shall immediately notify eu-LISA, the ETIAS Central Unit and the Commission.
Amendment 917 #
2016/0357A(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b
Article 45 – paragraph 1 – point b
(b) access for consultation is necessary in a specific judicial case;
Amendment 933 #
2016/0357A(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) the consultation is necessary in a specific judicial case;
Amendment 939 #
2016/0357A(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) the validity period of the travel authorisation;five years from the last decision to issue the travel authorisation in accordance with Article 30.
Amendment 952 #
2016/0357A(COD)
Proposal for a regulation
Article 48 – paragraph 5 – introductory part
Article 48 – paragraph 5 – introductory part
5. Where a third country national has acquired the nationality of a Member State or has fallen under the scope of Article 2(2)(a) to (ec), the authorities of that Member State shall verify whether that person has a valid travel authorisation and, where relevant, shall delete the application file without delay from the ETIAS Central System. The authority responsible for deleting the application file shall be the:
Amendment 953 #
2016/0357A(COD)
Proposal for a regulation
Article 48 – paragraph 5 – point c
Article 48 – paragraph 5 – point c
Amendment 954 #
2016/0357A(COD)
Proposal for a regulation
Article 48 – paragraph 5 – point d
Article 48 – paragraph 5 – point d
Amendment 955 #
2016/0357A(COD)
Proposal for a regulation
Article 48 – paragraph 5 a (new)
Article 48 – paragraph 5 a (new)
5a. Where a third country national has fallen under the scope of Article 2(2)(d) or (e), the authorities of that Member State shall verify whether that person has a valid travel authorisation and, where relevant, shall delete the application file without delay from the ETIAS Central System if the period of validity of the residence card or residence permit or long-stay visa is longer than the remaining period of validity of the ETIAS. The authority responsible for deleting the application file shall be: (a) the ETIAS National Unit of the Member State that issued the residence permit or card; (b) the ETIAS National Unit of the Member State that issued the long-stay visa.
Amendment 1002 #
2016/0357A(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point c a (new)
Article 61 – paragraph 1 – point c a (new)
(ca) the fact that a travel authorisation is linked to the travel document indicated in the application form and that consequently the expiry and any modification of the travel document result in the invalidity or non-recognition of the travel authorisation when crossing the border;
Amendment 1006 #
2016/0357A(COD)
Proposal for a regulation
Article 61 – paragraph 1 – point d a (new)
Article 61 – paragraph 1 – point d a (new)
(da) that a travel authorisation with limited territorial validity may be issued exceptionally, where a Member State considers it necessary on humanitarian grounds, for reasons of national interest or because of international obligations, notwithstanding the fact that the assessment process is not yet completed or that a travel authorisation has been refused, annulled or revoked.
Amendment 1026 #
2016/0357A(COD)
Proposal for a regulation
Article 66 – paragraph 1 – point b
Article 66 – paragraph 1 – point b
(b) the organisation, management, operation and maintenance of the ETIAS National Units forentrusted with the examination of and decision on travel authorisations' applications rejected during the automated processing of applicationswhich have triggered one or more positive responses during the automated processing of applications, adopting decisions on them and issuing an opinion when consulted;
Amendment 1029 #
2016/0357A(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Europol shall ensure processing of the queries referred to in Article 18(2)(j) and (4) and accordingly adapting its information systems.
Amendment 1031 #
2016/0357A(COD)
Proposal for a regulation
Article 67 – paragraph 3
Article 67 – paragraph 3
3. Europol shall be responsible for providing an opinion following a consultation request pursuant to Article 265.
Amendment 1055 #
2016/0357A(COD)
Proposal for a regulation
Article 74 – paragraph 1
Article 74 – paragraph 1
The costs incurred in connection with the development of the ETIAS Information System, the integration of the existing national border infrastructure and the connection to the National Uniform Interface as well as by hosting the National Uniform Interface, the set-up of the ETIAS Central and National Units and the operation of the ETIAS shall be borne by the general budget of the Union. Before starting any procurement procedure, the Commission shall undertake a precise analysis of the technical requirements for the integration of existing national systems, of the technical standards of the ETIAS, and of the requirements concerning the content and accessibility of the ETIAS.
Amendment 1060 #
2016/0357A(COD)
Proposal for a regulation
Article 75 – paragraph 1
Article 75 – paragraph 1
The revenues generated by the ETIAS shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, EURATOM) No 966/2012. Any revenue remaining after covering the cost of the development of the ETIAS and the recurring costs of its operation and maintenance shall be assigned to cover expenditure incurred under programmes and actions in Chapter 18 02 (internal security) of the Union budget or, from 2021, under the succeeding programmes or actions.
Amendment 1069 #
2016/0357A(COD)
Proposal for a regulation
Article 78 – paragraph 2
Article 78 – paragraph 2
2. The power to adopt delegated acts referred to in Article 13 (2) (a), Article 15(3) and (4), Article 16(4), Article 28(3) and Article 72(1) and (5) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Regulation].
Amendment 1075 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 2
Article 81 – paragraph 2
2. By [Six months after the entry into force of this Regulation – OPOCE, please replace with the actual date] and every six months thereafter during the development phase of the ETIAS Information System, eu-LISA shall submit a report to the European Parliament and the Council on the state of play of the development of the Central System, the Uniform Interfaces and the Communication Infrastructure between the Central System and the Uniform Interfaces. That report shall include an overview of the budgetary and cost developments with a detailed technical and financial assessment, precise information on cost increases and changes in design requirements and the reasons for any such increases or changes, as well as information on any risks which could impact the overall costs of the system to be borne by the Union budget in accordance with Article 74. Once the development is finalised, a report shall be submitted to the European Parliament and the Council explaining in detail how the objectives, in particular relating to planning and costs, were achieved as well as justifying any divergences.
Amendment 1077 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 3 a (new)
Article 81 – paragraph 3 a (new)
3a. No later than one year after the entry into service of ETIAS, the Commission shall assess the desirability of establishing secure access for rail carriers enabling them to send a query to the ETIAS Central System to verify, in accordance with Article 39 (1) (2), that third-country nationals subject to the travel authorisation requirement are in possession of a valid travel authorisation.
Amendment 1078 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – introductory part
Article 81 – paragraph 5 – subparagraph 1 – introductory part
Amendment 1082 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point c
Article 81 – paragraph 5 – subparagraph 1 – point c
(c) the rules of the automated application processor used for the purpose of risk assessment and their implications for fundamental rights;
Amendment 1083 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 – point c a (new)
Article 81 – paragraph 5 – subparagraph 1 – point c a (new)
(ca) the ETIAS watchlist, as defined in Article 29, and its implications for fundamental rights;
Amendment 1086 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 5 – subparagraph 1 a (new)
Article 81 – paragraph 5 – subparagraph 1 a (new)
One year after the entry into service of ETIAS and every two years thereafter, the European Data Protection Supervisor shall submit to the European Parliament, the Council and the Commission a report assessing the impact, effectiveness and efficiency of the ETIAS watchlist in respect of data protection.
Amendment 1089 #
2016/0357A(COD)
Proposal for a regulation
Article 81 – paragraph 8 – subparagraph 1 – point e a (new)
Article 81 – paragraph 8 – subparagraph 1 – point e a (new)
Amendment 22 #
2016/0357(COD)
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Where the information provided by the applicant in the application form suggests that the authorisation fee can be waived, pursuant to Article 16, the ETIAS National Unit of the responsible Member State may request additional information or documentation from the applicant in order to verify that they do indeed fall into one of the categories exempted from paying the authorisation fee defined in Article 16(2)(b) to (d), and with regard to the duration of the activity concerned.
Amendment 24 #
2016/0357(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. A tTravel authorisation shall be valid for five yearsthree years or until the end of the activity that gave rise to the authorisation fee being waived pursuant to Article 16(2)(b) to (d) or until the end of validity of the travel document registered during application, whichever comes first , and shall be valid for the territory of the Member States.
Amendment 81 #
2016/0357(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The assessement of such risks cannot be carried out without processing the personal data listed in recital (16). Each item of personal data in the applications should be compared with the data present in a record, file or alert registered in an information system (the Schengen Information System (SIS), the Visa Information System (VIS), the Europol data, the Interpol Stolen and Lost Travel Document database (SLTD), the Entry/Exit System (EES), the Eurodac, the European Criminal Records Information System (ECRIS) and/or the Interpol Travel Documents Associated with Notices database (Interpol TDAWN)) including the Yellow Notices that could help locate missing persons, or against the ETIAS watchlists, or against specific risk indicators. The categories of personal data that should be used for comparison should be limited to the categories of data present in the queried information systems, the ETIAS watchlist or the specific risk indicators.
Amendment 86 #
2016/0357(COD)
Proposal for a regulation
Recital 34
Recital 34
(34) Access to the information contained in ETIAS is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA26 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA27 . In a specific investigation and in order to establish evidence and information related to a person suspected of having committed a crime or a victim of a crime, law enforcement authorities may need access to the data generated by ETIAS. The data stored in ETIAS may also be necessary to identify the perpetrator of a terrorist offence or other serious criminal offences, especially when urgent action is needed. Access to the ETIAS for the purpose of preventing, detecting or investigating terrorist offences or other serious criminal offences constitutes an interference with the fundamental rights to respect for the, in particular with the right to private life of individuals and the right to protection of personal data of persons whose personal data are processed in the ETIAS. Therefore, the data in ETIAS should be retained and made available to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the strict conditions set out in this Regulation in order for such access to be limited to what is strictly necessary for the prevention, detection and investigation of terrorist offences and serious criminal offences in accordance with the requirements notably laid down in the jurisprudence of the Court, in particular in the Digital Rights Ireland case28 . _________________ 26 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p.6). 27 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1). 28 Judgment of the Court (Grand Chamber) of 8 April 2014 in joined cases C-293/12 and C-594/12 Digital Rights Ireland Ltd, ECLI:EU:C:2014:238.
Amendment 89 #
2016/0357(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) Strict access rules to the ETIAS Central System and the necessary safeguards should be established. The collection, storage and use of the data acquired under ETIAS shall in every case comply with the EU Charter of Fundamental Rights. It is also necessary to provide for individuals' rights of access, correction, deletion and redress, in particular the right to a judicial remedy and the supervision of processing operations by public independent authorities.
Amendment 101 #
2016/0357(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point e
Article 4 – paragraph 1 – point e
(e) support the objectives of the Schengen Information System (SIS) related to the alerts in respect of persons wanted for arrest or for surrender or extradition purposes, on missing persons in particular children, on persons sought to assist with a judicial procedure and on persons for discreet checks or specific checks;
Amendment 108 #
2016/0357(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point k
Article 15 – paragraph 2 – point k
(k) for minors, surname and, first name(s), e-mail address or phone number and home address of the applicant's parental authority or legal guardian;
Amendment 115 #
2016/0357(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – point m
Article 18 – paragraph 2 – subparagraph 2 – point m
(m) whether the travel document used for the application corresponds to a travel document recorded in a file in the Interpol TDAWN, including the Yellow Notices that could help locate missing persons;
Amendment 116 #
2016/0357(COD)
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 1 – point b
Article 18 – paragraph 7 – subparagraph 1 – point b
(b) an alert in respect of missing persons, in particular children;
Amendment 136 #
2016/0357(COD)
Proposal for a regulation
Article 29 – paragraph 3 a (new)
Article 29 – paragraph 3 a (new)
3 a. Safeguards must be established to ensure that personal data that are processed in the ETIAS watchlist are sufficiently protected.
Amendment 137 #
2016/0357(COD)
Proposal for a regulation
Article 29 – paragraph 3 b (new)
Article 29 – paragraph 3 b (new)
3 b. Should the grounds for inclusion in the ETIAS watchlist be unjustified, removal from the ETIAS watchlist should be possible at any time .
Amendment 148 #
2016/0357(COD)
Proposal for a regulation
Article 66 – paragraph 1 a (new)
Article 66 – paragraph 1 a (new)
1 a. the compliance with its obligations concerning fundamental rights, in particular the obligations under the European Convention on Human Rights (ECHR), the Charter of Fundamental Rights (CFR) and the Convention on the Rights of the Child (CRC);
Amendment 15 #
2016/0287(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) It is the responsibility of Member States to create wireless connectivity. The Union can play a supportive role.
Amendment 19 #
2016/0287(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Support of this kind should encourage entities with a public mission such as public authorities and providers of public services to offer free local wireless connectivity as an ancillary service to their public mission so as to ensure that local communities can experience the benefits of very high-speed broadband in the centres of public life. Such entities could include municipalities and other local public authorities, libraries and hospitals, hospitals and other places accessible to a large number of people.
Amendment 23 #
2016/0287(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Local wireless connectivity should only qualify as free where it is provided without corresponding remuneration, whether by direct payment or other types of consideration, including, but not limited to, advertising and the provision of personal data. The security risk increases with the extension of free local wireless connectivity. There is therefore a need to ensure proper protection of personal data.
Amendment 44 #
2016/0287(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
Regulation (EU) No 283/2014
Annex – section 4 – paragraph 3 – point 2 – point b a (new)
Annex – section 4 – paragraph 3 – point 2 – point b a (new)
ba) has systems in place for the proper protection of personal data of users;
Amendment 30 #
2016/0280(COD)
Proposal for a directive
Recital 32
Recital 32
(32) The organisational and financial contribution of publishers in producing press publications needs to be recognised and further encouraged to ensure the sustainability of the publishing industry. It is therefore necessary to provide at Union level a harmonised legal protection for press publications in respect of digital uses. Such protection should be effectively guaranteed through the introduction, in Union law, of rights related to copyright for the reproduction and making available to the public of press publications in respect of digital uses.
Amendment 32 #
2016/0280(COD)
Proposal for a directive
Recital 33
Recital 33
(33) For the purposes of this Directive, it is necessary to define the concept of press publication in a way that embraces only journalistic publications, published by a service provider, periodically or regularly updated in any media, for the purpose of informing or entertaining. Such publications would include, for instance, daily newspapers, weekly or monthly magazines of general or special interest and news websites. Periodical publications which are published for scientific or academic purposes, such as scientific journals, should not be covered by the protection granted to press publications under this Directive. This protection does not extend to acts of hyperlinking which do not constitute communication to the public.
Amendment 33 #
2016/0280(COD)
Proposal for a directive
Recital 34
Recital 34
(34) The rights granted to the publishers of press publications under this Directive should have the same scope as the rights of reproduction and making available to the public provided for in Directive 2001/29/EC, insofar as digital uses are concerned as well as the rights of distribution, rental and lending provided for in Directive 2006/115/EC. They should also be subject to the same provisions on exceptions and limitations as those applicable to the rights provided for in Directive 2001/29/EC. including the exception on quotation for purposes such as criticism or review laid down in Article 5(3)(d) of that Directive.
Amendment 96 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall provide publishers of press publications with the rights provided for in Article 2 and Article 3(2) of Directive 2001/29/EC for the digitaland Article 3 and 9 of Directive 2006/115/EC for the use of their press publications.
Amendment 98 #
2016/0280(COD)
Proposal for a directive
Article 11 – paragraph 4
Article 11 – paragraph 4
4. The rights referred to in paragraph 1 shall expire 250 years after the publication of the press publication. This term shall be calculated from the first day of January of the year following the date of publication.
Amendment 72 #
2016/0276(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) That positive momentum should be maintained and efforts need to be continued to bring investment back to its long-term sustainable trend. The mechanisms of the Investment Plan work and should be reinforced to continue the mobilisation of private investments in sectors important to Europe's future and where market failures or sub-optimal investment situations remain. To foster growth three dimensions complementing each others and necessary to each others need to be worked on in parallel: a framework to finance investment and innovation (including CMU), structural reforms and a common policy mix.
Amendment 136 #
2016/0276(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Additionality, a key feature of the EFSI, should be strengthened in the selection of projects. In particular, operations should only be eligible for EFSI support if they address clearly identified market failures or sub-optimal investment situations. The purpose of additionality should be limited to ensuring that selected projects are those that could not have otherwise obtained financing on the market due to a higher risk profile. Operations in infrastructure under the Infrastructure and Innovation Window linking two or more Member States, including e-infrastructure, should be considered additional given their inherent difficulty and their high added value for the Union.
Amendment 175 #
2016/0276(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11 a) It is appropriate to encourage partnerships with National Promotional Banks or Institutions including for setting up Investment Platforms and, where, on a case by case basis, the National Promotional Banks or Institutions could select projects thereafter.
Amendment 259 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Regulation (EU) No 2017/1017
Article 4 – paragraph 2 – point b – point iii
Article 4 – paragraph 2 – point b – point iii
(a a) in point (b), point (iii) is replaced by the following: ‘(iii) a provision that the Steering Board is to take decisions by consensus; in the event that a consensus cannot be reached, the Steering Board shall decide by a three-fourths majority of its component members;’;
Amendment 267 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Regulation (EU) No 2015/117
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 274 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) No 2015/1017
Article 5 – paragraph 1 – subparagraph 3
Article 5 – paragraph 1 – subparagraph 3
To better address market failures or sub- optimal investment situations, whereby ensuring complementarity and thus avoiding crowding out vis-a-vis participants in the same market, EIB special activities supported by the EFSI shall typically have features such as subordination, participation in risk-sharing instruments, cross-border characteristics, exposure to specific risks or other identifiable aspects as further described in Annex II in order to ensure additionality.
Amendment 303 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) No 2015/1017
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
(3 a) In Article 6, a new paragraph 2a is inserted: ‘2a. When a national court of audit or an independent council or any anti- corruption body of a Member State has expressed some concerns on a project, a type of investment or on a body having the responsibility of investing public money and these concerns are communicated to the EFSI. The Steering Board should take into account the opinions expressed and shall take a decision by consensus.’
Amendment 315 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point -a a (new)
Article 1 – paragraph 1 – point 4 – point -a a (new)
Regulation (EU) No 2015/1017
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
(-aa) in paragraph 5, the second subparagraph is replaced by the following: ‘The Managing Ddirector shall be assisted by a deputy managing director. The Managing Director shall report every quarter on the activities of the EFSI to the Steering Board.Both can, on their request, participate in the meetings of the Steering Board as non- voting members.’;
Amendment 317 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4 – point -a b (new)Regulation (EU) No 2015/1017
Article 1 – paragraph 1 – point 4 – point -a b (new)Regulation (EU) No 2015/1017
Article 7 – paragraph 5 a (new)
(-ab) In article 7, a new paragraph 5a is inserted: ‘5a. The overall composition of the Steering Board, Managing Director and Deputy Managing Director shall strive for ensuring gender balance.’;
Amendment 357 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point a a (new)
Article 1 – paragraph 1 – point 5 – point a a (new)
Regulation (EU) No 2015/1017
Article 9 – paragraph 2 – points h a (new) and h b (new)
Article 9 – paragraph 2 – points h a (new) and h b (new)
(a a) in paragraph 2 the following points (ha) and (hb) are added: ‘(ha) defence : a) development of joint capacities;’ b) research; (hb) cybersecurity.’
Amendment 424 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b – point ii
Article 1 – paragraph 1 – point 9 – point b – point ii
Regulation (EU) No 2015/1017
Article 14 – paragraph 2 – point e
Article 14 – paragraph 2 – point e
(e) providing pro-active support on the establishment of investment platforms, with a view also to supporting smaller scale projects;
Amendment 468 #
2016/0276(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11 a (new)
Article 1 – paragraph 1 – point 11 a (new)
Regulation (EU) No 2015/1017
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
(11 a) In Article 21, the first subparagraph of paragraph 2 is replaced by the following: ‘2. OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council ( 1 1), Council Regulation (Euratom, EC) No 2185/96 ( 2 2) and Council Regulation (EC, Euratom) No 2988/95 ( 3 3) in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial interests of the Union in connection with any financing and investment operations covered by this Regulation. OLAF may transmit any information obtained in the course of its investigations to the competent authorities of the Member States concerned. The competent authorities shall follow up on the information transmitted, unless not compatible with the national legal framework.’
Amendment 69 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Decision No 466/2014/EU
Article 3 –paragraph 1 – point d (new)
Article 3 –paragraph 1 – point d (new)
(d) strategic response to addressing root causes of migration., and the needs of transit and host communities;
Amendment 80 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 2 – point c a (new)
Article 1 – paragraph 1 – point 2 – point c a (new)
Decision No 466/2014/EU
Article 3 – paragraph 8 a (new)
Article 3 – paragraph 8 a (new)
ca (new) the following paragraph is inserted: 8a (new) EIB financing operations supporting the general objectives set out in paragraph 1 shall recognise that, as a cross-cutting issue in achieving sustainable development, gender equality is an important element for project due diligence. A gender perspective shall be applied to all such financing operations.
Amendment 83 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Decision No 466/2014/EU
Article 8 – paragraph 5
Article 8 – paragraph 5
(3a) in Article 8, paragraph 5 is replaced by the following : “5. Financing agreements with individual promoters relating to EIB financing operations shall also include appropriate procurement, environmental, climate and social provisions in accordance with the EIB’s own rules and procedures, including requirements to make the EU guarantee and EIB involvement visible to the end beneficiary.”
Amendment 87 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Decision No 466/2014/EU
Article 9 – paragraph 1 – subparagraph 2
Article 9 – paragraph 1 – subparagraph 2
(3b) in Article 9, paragraph 1, subparagraph 2 is replaced by the following: “Where applicable, this appraisal shall include an assessment of how the capacities of the beneficiaries of EIB financing can be reinforced throughout the project cycle with technical assistance. The EIB’s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of investment projects and of aspects related to human rights and conflict prevention, to ensure that investment projects supported under this Decision are environmentally and socially sustainable. The EIB shall ensure the available internal practical guidance on application of due diligence ensures respect for human rights, taking into account existing human rights benchmarks provided by the Union, relevant United Nations bodies and human rights organizations, in its project assessments.”
Amendment 91 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 5 – point a – introductory part
Article 1 – paragraph 1 – point 5 – point a – introductory part
Decision No 466/2014/EU
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(a) in point (b), the following sentence is addedis amended as follows:
Amendment 93 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 5 – point a
Article 1 – paragraph 1 – point 5 – point a
Decision No 466/2014/EU
Article 11 – paragraph 1 – point b
Article 11 – paragraph 1 – point b
(b) Indicators for projects providing strategic response addressing root causes of migration shall be developed by the EIB;; an assessment of the added value, the estimated outputs, outcomes and development impact of EIB financing operations at an aggregated basis, drawing on the EIB’s Results Measurement framework annual report. To that effect, the EIB shall use performance indicators in relation to development, environmental and social aspects, including human right and gender equality aspects, of projects funded, taking into account the relevant indicators under the Paris Declaration of 2005 for Aid Effectiveness. Indicators for gender equality shall include the promotion of equality between women and men, gender budgeting and targets, and, where possible, shall be evaluated ex post by disaggregating data by gender. Indicators for environmental aspects of projects shall include criteria for clean technology which are oriented in principle at energy efficiency and technologies for reducing emissions. The EIB shall develop indicators for projects providing strategic response addressing root causes of migration;
Amendment 99 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Decision No 466/2014/EU
Article 12 – paragraph 1 – point a
Article 12 – paragraph 1 – point a
(5a) in Article 12(1), point (a) is replaced by the following: “(a) all EIB financing operations carried out under this Decision, after the project approval stage, in particular indicating whether an investment project is covered by the EU guarantee and how it contributes to the goals of the Union external action, noting in particular its genders-differentiated economic, social and environmental impact, as well as publish relevant information related to individual projects under this decision, taking into account the protection of confidential and commercially sensitive information.”
Amendment 107 #
2016/0275(COD)
(5b) in Article 13 the following paragraph is added after the first paragraph: The EIB shall swiftly apply the relevant Union legislation and standards regarding tax avoidance and tax havens that is in place or will be adopted in the future. The EIB shall require its clients to comply with these rules accordingly. The EIB shall take proactive measures and perform increased due diligence measures in case of links of EIB projects to jurisdictions raising tax concerns.
Amendment 108 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Decision No 466/2014/EU
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
(5c) in Article 13, the following paragraph is added after the second paragraph : Financing operations under this decision shall be in full compliance with the EIB’s uncooperative jurisdictions policy (NCJ policy) which shall be amended as soon as the Union list of non-cooperative tax jurisdictions is established.
Amendment 110 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Decision No 466/2014/EU
Article 20 a (new)
Article 20 a (new)
(6a) The following article shall be inserted after Article 20 : “Article 20 a Transitional provisions The EIB may finance projects for the private sector lending mandate before the entry into force of this Decision and the conclusion of an EU Guarantee Agreement between the Commission and the EIB. Such projects may be included within the EU guarantee coverage, subject to confirmation by the Commission of the respect of the terms to be agreed in the EU Guarantee Agreement.”
Amendment 111 #
2016/0275(COD)
Proposal for a decision
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Decision No 466/2014/EU
Annex I – subparagraph 2 a (new)
Annex I – subparagraph 2 a (new)
(7a) EIB governing bodies shall in particular use such possibility of reallocation to allow for a continued focus of the EU guarantee on priority countries with a higher risk profile than those covered under EIB’s Own Risk Facilities. The Commission shall keep the European Parliament and the Council regularly informed of such reallocations including in comparison with EIB’s own risk lending allocation policy outside the Union.
Amendment 119 #
2016/0225(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) The cohesiveness and effectiveness of the common European asylum system should be guaranteed. This will entail, in particular, enhancing the legal and safe avenues for entry into the Union for third- country nationals or stateless persons who are in need of international protection. Resettlement is a legal avenue which must offer the most vulnerable third-country nationals or stateless persons a lasting solution, in particular in cases where no other solution can be envisaged.
Amendment 136 #
2016/0225(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Building on the existing initiatives, a stable and reliable Union Resettlement Framework should be established for the resettlement of persons in need of international protection to be implemented in accordance with annual Union resettlement plans and targeted Union resettlement schemes which effectively deliver on Member States' concrete commitments.
Amendment 138 #
2016/0225(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 140 #
2016/0225(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Such a framework, provided that it serves to enhance legal avenues for migration, is a necessary part of a well- managed migration policy to reduce divergences amongand contributes to the smooth functioning of the common European asylum system to harmonise national resettlement practices and procedures, provide for the legal and safe arrival to the territory of the Member States of third- country nationals and stateless persons in need of international protection, help reduce the risk of a large-scale irregular inflow of third-country nationals and stateless persons to the territory of the Member States and thereby reducing the pressure of spontaneous arrivals on the Member States' asylum systems, be an expression of solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, help achieve Union's foreign policy objectives by increasing the Union's leverage vis-à-vis third countries, and effectively contribute to global resettlement initiatives through speaking with one voice in international fora and with third countries. By speaking with one voice in this way and by taking responsibility for meeting a fair share of global resettlement needs, the Union should set an example and endeavour to secure undertakings from third countries to show solidarity in their turn and contribute to global resettlement efforts.
Amendment 150 #
2016/0225(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to help reduce the risk of a large-scale irregular inflow of third- country nationals and stateless persons to the territory of the Member States, show solidarity with countries in regions to which or within which a large number of persons in need of international protection has been displaced by helping to alleviate the pressure on those countries, and help achieve the Union's foreign policy objectives, the regions or third countries from which resettlement is to occur should fit in a tailored engagement with third countries to better manage migration as foreseen in the Commission's Communication of 7 June 2016 on Establishing a new Partnership Framework with third countries under the European Agenda on Migration32. _________________ 32, in order, in particular, to give priority to the strategic use of resettlement. COM(2016) 377 final.
Amendment 154 #
2016/0225(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In the context of the strategic use of resettlement, the Union should endeavour to establish from the outset close dialogue with the third countries from which persons are resettled, in particular those facing lasting crises characterised by the presence on their territory of long-term refugees. A dialogue of this kind should seek to maximise the benefits of resettlement from these countries by placing the emphasis on increasing their asylum capacities, integrating the refugees present on their territory and protecting those refugees against persecution and refoulement to their countries of origin.
Amendment 156 #
2016/0225(COD)
Proposal for a regulation
Recital 10 b (new)
Recital 10 b (new)
(10b) The Union should take account of global resettlement needs when determining the number of resettlement places it makes available under this Regulation. With that aim in view, a target number should be set which represents the number of persons which the Union should be able to accommodate, taking account of global needs and the Member States’ reception capacities. In accordance with the principles of solidarity and fair sharing of responsibility among the Member States as laid down in Article 80 of the Treaty on the Functioning of the European Union, efforts should be made over time to achieve a fair distribution of resettled persons among the Member States.
Amendment 162 #
2016/0225(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to reduce divergences among thharmonise national resettlement practices and procedures, common standard procedures and common eligibility criteria and exclusionineligibility grounds for the selection should be laid down, as well as a common protection status to be granted to resettled persons.
Amendment 175 #
2016/0225(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) An expedited procedure should be established with the same level of security checks as in the ordinary procedure. However, in the expedited procedure, the assessment of the international protection needs of third-country nationals or stateless persons shcould be limited to an assessment of their eligibility for subsidiary protection without assessing their qualification for refugee status. As resettlement is intended to be a long-term solution for the persons concerned, Member States should nevertheless give priority to granting refugee status, irrespective of the procedure employed.
Amendment 183 #
2016/0225(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States should register the personal details of resettled persons in Eurodac. This will ensure that the persons concerned enjoy the same level of protection and the same rights as those afforded to asylum seekers and beneficiaries of international protection in respect of the processing of their data. In the context of secondary movements, it will also make it possible to identify the Member State responsible for resettlement.
Amendment 184 #
2016/0225(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Any personal data collected for the purpose of the resettlement procedure should be stored in Eurodac for a maximum period of five10 years from the date of resettlement. Given that third-country nationals or stateless persons who have already been resettled by one Member State or who during the last five years refused to resettle to a Member State should be excluded from resettlement to another Member State, that period should be considered a necessary period for the storage of personal details, including fingerprints and facial images, in accordance with Regulation xxx/xxx (Eurodac recast).
Amendment 190 #
2016/0225(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to facilitate coordination between Member States and the smooth functioning of the Union Resettlement Framework, Member States should exchange among themselves and with the European Union Agency for Asylum and the UNHCR information about unsuccessful resettlement procedures.
Amendment 195 #
2016/0225(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) There is no subjective right to be resettled. A person accepted for resettlement may not choose the State in which he or she is to be resettled.
Amendment 206 #
2016/0225(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, implementing powers should be conferred on the Council for establishing the annual Union resettlement plan, fixing the maximum totaltarget number of persons to be resettled, the details about the participation of the Member States in the plan and their contributions to the totalarget number of persons to be resettled, as well as overall geographical priorities.
Amendment 211 #
2016/0225(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) These powers should be exercised on a proposal from the Commission on the maximum totaltarget number of persons to be resettled and overall geographical priorities. The Commission should make its proposal simultaneously with its proposal on the draft Union annual budget. The Council should aim to adopt the proposal within two months. The Commission and the Council should take into account the discussions withinrecommendations made by the High-Level Resettlement Committee.
Amendment 215 #
2016/0225(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In order to ensure uniform conditions for the implementation of the Union Resettlement Framework, the Commission should be empowered to establish targeted Union resettlement schemes laying down the precise number out of the totalarget number of persons to be resettled and participation of the Member State, consistent with the annual Union Resettlement plan. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers34. The examination procedure should be used for establishing targeted Union resettlement schemes given that those schemes have substantial implications. The Commission should aim to establish targeted Union resettlement schemes as soon as possible after the adoption of the annual Union resettlement plan and whenever necessary during the period covered by the annual Union resettlement plan. The Commission should take into account the discussions withinrecommendations made by the High- Level Resettlement Committee. _________________ 34 OJ L 55, 28.2.2011, p. 13.
Amendment 219 #
2016/0225(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Irrespective of the geographical priorities laid down in advance, and in order to ensure that the Union Resettlement Framework has the flexibility needed to cope with unforeseen developments, as part of the resettlement plan a reserve pool of places should be created which is equivalent to no more than 10% of the target number. This reserve pool would consist of a quota of emergency resettlement places which would be granted using the expedited procedure set out in Article 11.
Amendment 230 #
2016/0225(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Member States should be given support to help them honour their commitments and thus ensure the smooth functioning of the Union Resettlement Framework. [The European Union Agency for Asylum] should assistprovide the Member States in the implementation of Union Resettlement Frameworkwith that support, at their request and in accordance with its mandate.
Amendment 233 #
2016/0225(COD)
Proposal for a regulation
Recital 28 a (new)
Recital 28 a (new)
(28a) The European Union Agency for Asylum should also coordinate exchanges of good practice among Member States, in particular as regards the implementation of this Regulation.
Amendment 234 #
2016/0225(COD)
Proposal for a regulation
Recital 28 b (new)
Recital 28 b (new)
(28b) Given that this Regulation seeks to introduce common geographical priorities and resettlement procedures, Member States should be encouraged to cooperate among themselves and, if they see fit, implement some stages in the procedure jointly. This cooperation may, for example, take the form of the pooling of infrastructure and the deployment of joint selection missions. The European Union Agency for Asylum should be able to provide support to Member States planning to engage in cooperation of this kind.
Amendment 235 #
2016/0225(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) A High-Level Resettlement Committee should be established to allow for broad and systematic consultations with all stakeholders oparties involved in the implementation of the Union Resettlement Framework. The High-Level Committee should draw up recommendations to serve as the basis for drafting the Union plan and the targeted plans.
Amendment 236 #
2016/0225(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) The integration of resettled persons in their host society is a prerequisite for the success of any resettlement and, hence, the effectiveness of the Union Resettlement Framework. Member States should therefore arrange pre-departure training courses, if possible lasting at least three days, for the persons concerned with the aim of informing them about their rights and obligations and about the social, cultural and political situation in the Member State in which they are to be resettled and in the European Union. Member States should also devise post-arrival orientation programmes tailored to the needs of resettled persons in order to provide them with guidance concerning, in particular, the learning of the language of the host Member State, education, training and the labour market, taking account of their specific vulnerabilities. As far as possible, the bodies and persons concerned, such as local authorities and persons who have already been resettled, should be involved in implementing programmes of this kind.
Amendment 244 #
2016/0225(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) This Regulation does not affect the ability of the Member States to adopt or implement national resettlement schemes, which do not jeopardise the attainment of the Union’s objectives under this Regulation, for example where they contribute an additional number of resettlement places to targeted Union resettlement schemes established under this Regulation going beyond their contribution to the maximum number of persons to be resettled under the annual Union resettlement plan.
Amendment 252 #
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, at the request of the Office of the United Nations High Commissioner for Refugees (UNHCR), of third- country nationals andor stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of one of the Member States with a view to granting them international protection.';
Amendment 264 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a
Article 3 – paragraph 3 – point a
(a) provide for the legal and safe arrival of third-country nationals and stateless persons who are among the most vulnerable persons in need of international protection to the territory of the Member States;
Amendment 267 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point a a (new)
Article 3 – paragraph 3 – point a a (new)
(aa) help to reduce the pressure on the countries in which people first seek refugee status by giving priority to the strategic use of resettlement
Amendment 275 #
2016/0225(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) contribute to international resettlement initiativencourage all the Member States to take part in resettlement efforts and thus contribute to international resettlement initiatives by increasing the number of resettlement places made available by the Union Member States.
Amendment 281 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) global resettlement needs as defined by the UNHCR, in particular as regards: - 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 States; - the situation of these persons and their degree of vulnerability, cases of persons who are long-term refugees and the scope for strategic use of resettlement;
Amendment 290 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) complementarity with financial and technical assistance provided to third countries to which or within which persons in need of international protection have been displaced;
Amendment 299 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
Amendment 318 #
2016/0225(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Once the regions or third countries referred to in point 1 have been determined, the Union shall initiate a dialogue with them in order to maximise the benefits stemming from the resettlement commitments it has made, in particular as regards an increase in reception and protection capacities for persons in need of international protection who are resident in these countries, primarily through the introduction of an effective asylum system, the integration of refugees and non-refoulement.
Amendment 320 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – introductory part
Article 5 – paragraph 1 – point a – introductory part
(i) third-country nationals, who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, political opinion or membership of a particular social group, are outside the country of nationality or the part of that country in which they formerly habitually resided, and are unable or, owing to such fear, are unwilling to avail themselves of the protection of that country, or stateless persons, who, being outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, for the same reasons as mentioned above, are unable or, owing to such fear, unwilling to return to or stay in it, or, failing that,
Amendment 324 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a – point ii
Article 5 – paragraph 1 – point a – point ii
(ii) third-country nationals, who are outside the country of nationality or the part of that country in which they formerly habitually resided, or stateless persons, who are outside of the country of former habitual residence or of the part of that country in which they formerly habitually resided, and in respect of whom substantial grounds have been shown for believing that they, if returned to or staying in their country of origin or former habitual residence, would face a real risk of suffering serious harm, and are unable, or, owing to such risk, are unwilling to avail themselves of the protection of that country;
Amendment 332 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – introductory part
Article 5 – paragraph 1 – point b – introductory part
(b) third-country nationals and stateless persons who meet the conditions stated in point (a) and fall within at least one of the following categories:
Amendment 339 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 4
Article 5 – paragraph 1 – point b – point i – indent 4
– persons with legal and/or physical protection needs, including those facing a threat of refoulement;
Amendment 340 #
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 348 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point i – indent 6 a (new)
Article 5 – paragraph 1 – point b – point i – indent 6 a (new)
– persons for whom no other lasting solution can be considered
Amendment 350 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b – point ii
Article 5 – paragraph 1 – point b – point ii
Amendment 369 #
2016/0225(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
Amendment 372 #
Amendment 374 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The following third-country nationals or stateless persons shall be excluded fromineligible for targeted Union resettlement schemes established in accordance with Article 8:
Amendment 391 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
Amendment 406 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point f – paragraph 1
Article 6 – paragraph 1 – point f – paragraph 1
persons whom Member States have during the last five years prior to resettlement refused to resettle in accordance with point (a) of this paragraph.
Amendment 413 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
2. Third-country nationals or stateless persons may be excluded fromregarded as ineligible for targeted Union resettlement schemes established in accordance with Article 8, (a) where one of the grounds for exclusion referred to in points (a) or (b) of paragraph 1 applies prima facie. (b) where they have refused a resettlement.
Amendment 416 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Where a resettlement procedure is unsuccessful, the Member State shall without delay communicate the reasons for it to the other Member States, the European Union Agency for Asylum and the UNHCR.
Amendment 417 #
2016/0225(COD)
Proposal for a regulation
Article 6 – paragraph 2 b (new)
Article 6 – paragraph 2 b (new)
2b. If a Member State intends to resettle a third-country national or stateless person who has previously been rejected by another Member State in accordance with point 1(c) or 2(a), it must inform that Member State accordingly and secure its consent before resettling the person if the resettlement is to take place within five years after the rejection by the first Member State.
Amendment 419 #
Amendment 423 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. On the basis of a proposal from the Commission, the Council shall adopt an annual Union resettlement plan every two years, in the year preceding that in which it is to be implemented.
Amendment 430 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) the maximum totaltarget number of persons to be resettled;
Amendment 434 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) details about the participation of the Member States in the annual Union resettlement plan and their contributions to the totalarget number of persons to be resettled;
Amendment 436 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c a (new)
Article 7 – paragraph 2 – point c a (new)
(ca) a reserve of places derived from the target number referred to in point (a), corresponding, at the maximum, to 10% of that number and consisting of an emergency quota of resettlement places assigned using the expedited procedure referred to in Article 11 and allocated irrespective of the general geographical priorities referred to in point (c).
Amendment 437 #
2016/0225(COD)
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The Union resettlement plan shall take full account of the recommendations of the High-Level Resettlement Committee.
Amendment 441 #
2016/0225(COD)
1. The Commission shall adopt implementing acts 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).
Amendment 445 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the precise number of persons to be resettled from the maximum totaltarget number as set out in the annual Union resettlement plan provided for in point (a) of Article 7(2) and details about the participation of the Member States in the targeted Union resettlement scheme;
Amendment 446 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the specification of the regions or third countries from which resettlement is to occur as referred to in Article 4 and, where appropriate, the priorities and measures anticipated by the Union in relation to those regions or third countries in the context of strategic use of resettlement;
Amendment 455 #
2016/0225(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. A targeted resettlement scheme adopted in accordance with point 1 may be designed to use the reserve of emergency places provided for in the Union resettlement plan.
Amendment 456 #
2016/0225(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
The resettlement procedures laid down in Articles 10 and 11 shall apply to third- country nationals or stateless persons who have given their consent to be resettled and have not subsequently withdrawn their consent, including refusing resettlement to a particular Member State. . Third-country nationals or stateless persons shall be duly informed by the Member State of the rights and obligations arising from resettlement and the possible consequences of any refusal to be resettled.
Amendment 465 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. After having identified the third- country nationals or stateless persons, Member States shall inform them of their rights and obligations, particularly the right to refuse resettlement and the possible implications of such a refusal, the rights and obligations arising from refugee status or subsidiary protection, particularly as regards secondary movements and the requirement to register personal particulars in Eurodac. This information must be supplied in writing and, if necessary, verbally and in a manner appropriate to their age and/or particular vulnerability.
Amendment 478 #
2016/0225(COD)
4. Member States shall take a decision on the resettlement of third-country nationals or stateless persons on the basis of the assessment referred to in paragraph 3 as soon as possible and not later than eight months from their registration. Member States may extend that time-limit of eight months by a period of not more than four months, where complex issues of fact or law are involved. If, after the time limits referred to in this paragraph have elapsed, the Member State has not communicated any decision and has also not supplied any justification, a resettlement procedure may be initiated by another Member State in relation to the third-country national or stateless person concerned.
Amendment 484 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 5 – subparagraph 1
Article 10 – paragraph 5 – subparagraph 1
Member States shall store the data referrerecord and store in paragraphs 2 to 4the Eurodac system for five10 years from the date of resettlement the personal particulars of persons resettled in accordance with Regulation xxx/xxx (Recast Eurodac).
Amendment 488 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. Where a negative decision is taken, no resettlement of the person concerned shall occur. the procedure is not successfully completed, no resettlement of the person concerned shall occur. This failure of the procedure may be due to a negative decision by the Member State or a refusal on the part of the third-country national or stateless person to be resettled. Member States shall without delay communicate the reasons for the failure of procedures to the other Member States, the European Union Agency for Asylum and the UNHCR.
Amendment 493 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point a a (new)
Article 10 – paragraph 7 – point a a (new)
(aa) where possible, perform a medical examination on the third-country national or stateless person;
Amendment 494 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point b
Article 10 – paragraph 7 – point b
(b) offer to make travel arrangements, including fit-to-travel medical checks, and provide transfer to their territory free of charge, and that offer shall include, where necessary, the facilitation of exit procedures in the third country from where the third-country national or the stateless person is admitted. When organising the travel, Member States shall take account of any needs that the persons concerned have in view of their vulnerability;
Amendment 495 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point c
Article 10 – paragraph 7 – point c
(c) offer a pre-departure orientation programme to third-country nationals or stateless personrequire third-country nationals or stateless persons to attend a pre-departure orientation programme, if possible lasting for a minimum of three days, which mayshall include information about their rights and obligations, language classes, and information about the Member State's social, cultural and political set-up, as well as the European Union. Member States shall also offer a post-arrival integration programme, wherever possible designed for people who have been resettled and taking account of their particular vulnerabilities.
Amendment 497 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 7 – point c a (new)
Article 10 – paragraph 7 – point c a (new)
(ca) arrange resettlement as soon as possible;
Amendment 498 #
2016/0225(COD)
Proposal for a regulation
Article 10 – paragraph 8 – introductory part
Article 10 – paragraph 8 – introductory part
8. For the purpose of implementing the ordinary procedure, prior to identifying third-country nationals or stateless persons, Member States mayshall request UNHCR, or where applicable, [the European Union Agency for Asylum] or relevant international bodies to refer to them third- country nationals or stateless persons in relation to whom those entities have fully assessed:
Amendment 508 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 1
Article 11 – paragraph 1 – point 1
(1) shallmay opt not to assess whether the third- country nationals or the stateless persons meet the requirements referred to in point (a)(i) of Article 5;
Amendment 510 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2
Article 11 – paragraph 1 – point 2
(2) shall have the option of not requireing UNHCR to assess whether the third-country nationals or the stateless persons qualify as refugees within the meaning of Article 1 of the 1951 Geneva Convention;
Amendment 511 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 2 a (new)
Article 11 – paragraph 1 – point 2 a (new)
(2a) may opt not to require the persons concerned to attend the pre-departure orientation programme referred to in Article 10(7)(c);
Amendment 515 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 3
Article 11 – paragraph 1 – point 3
(3) shall take a decision on resettlement as soon as possible and not later than four monthtwo weeks from a third-country national's registration referred to in Article 10(2); the Member States may extend that time-limit of four months by a period of not more than two monthweeks, where complex issues of fact or law are involved.
Amendment 516 #
2016/0225(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point 4
Article 11 – paragraph 1 – point 4
Amendment 519 #
2016/0225(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Amendment 524 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. A High-Level Resettlement Committee shall be established, composed of representatives of the European Parliament, the Council, the Commission, the High Representative of the Union for Foreign Affairs and Security Policy, and the Member States. [T[the European Union Agency for Asylum,] and the Member States. The UNHCR, and IOM shall be invited. Representatives of other interested parties may be invited. Representatives of Iceland, Liechtenstein, Norway, and Switzerland shall be invited to attend the meetings of the High-Level Resettlement Committee where they have indicated their intention to be associated with the implementation of the annual Union resettlement plan.
Amendment 528 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. The High-Level Resettlement Committee shall be chaired by the Commission. It shall meet whenever necessary at the invitation of the Commission or at a request of a Member State or the European Parliament and shall meet at least once a year.
Amendment 530 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. The main task of the High-Level Resettlement Committee shall be to issue recommendations for the adoption of the Union plan and the targeted plans. It shall in particular make recommendations on the target number of persons to be resettled, the equitable distribution of those persons among the Member States, the third countries from which resettlements should be undertaken, and the opportunities for strategic use of resettlement.
Amendment 531 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 2 b (new)
Article 13 – paragraph 2 b (new)
2b. The recommendations of the High-Level Resettlement Committee shall be published and shall take full account of the annual tripartite consultations on resettlement (CTAR).
Amendment 532 #
2016/0225(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission shall consultand the Council shall take full account of the recommendations of the High-Level Resettlement Committee on issues related to the implementation of the Union Resettlement Framework, particularly in drafting the Union plan and the targeted plans.
Amendment 536 #
2016/0225(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point 2 – point a Regulation (EU) No 516/20147
Article 17 – paragraph 1 – point 2 – point a Regulation (EU) No 516/20147
(a): 'resettlement' means the admission, at the request of the Office of the United Nations High Commissioner for Refugees (UNHCR), of third-country nationals or stateless persons in need of international protection from a third country to which or within which they have been displaced to the territory of one of the Member States with a view to granting them international protection';
Amendment 545 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. By 31 December 2018No later than four years after the entry into force of this Regulation, the Commission shall report to the European Parliament and the Council on the application of this Regulation in the Member States.
Amendment 546 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. In the report, the Commission shall consider the possibility of using the European budget to support private sponsorship initiatives.
Amendment 547 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 1 b (new)
Article 18 – paragraph 1 b (new)
1b. The Commission shall study the possibility of creating common procedures, distinct from resettlement, for the admission of persons who are displaced within their own country.
Amendment 548 #
2016/0225(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. The European Parliament and the Council shall, on the basis of the proposal of the Commission, taking into account the report referred to in paragraph 1, review this Regulation by 30 June 202018 months after the submission of the Commission report on the application of this Regulation.
Amendment 128 #
2016/0223(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The validity period for residence permits granted to refugees and persons eligible for subsidiary protection should be harmonised in the interests of developing the Common European Asylum System and encouraging beneficiaries of international protection to remain in the Member State granting protection. For this reason, the validity period for residence permits should be 5 years for refugees and 1 year for beneficiaries of subsidiary protection. However, Member States already providing a longer validity period for residence permits should be able to opt for a period of 10 years for refugees and 5 years for beneficiaries of subsidiary protection.
Amendment 431 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 1 – introductory part
Article 10 – paragraph 1 – introductory part
1. The following elements shall be taken into account when the determining authority assessinges the reasons for persecution:
Amendment 446 #
2016/0223(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. When the determining authority assessinges if an applicant has a well-founded fear of being persecuted it is immaterial whether the applicant actually possesses the racial, religious, national, social or political characteristic which attracts the persecution, provided that such a characteristic is attributed to the applicant by the actor of persecution.
Amendment 531 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point a
Article 15 – paragraph 1 – point a
(a) where Union -level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicantbeneficiary of international protection;
Amendment 542 #
2016/0223(COD)
Proposal for a regulation
Article 16 – paragraph 1 – point b
Article 16 – paragraph 1 – point b
(b) torture or inhuman or degrading treatment or punishment of an applicant in the country of origin; or(Does not affect the English version.)
Amendment 600 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph a
Article 21 – paragraph a
(a) where Union -level country of origin information and common analysis of country of origin information as referred in Articles 8 and 10 of Regulation (EU) No XXX/XX [Regulation on the European Union Agency for Asylum ] indicate a significant change in the country of origin which is relevant for the protection needs of the applicantbeneficiary of international protection,
Amendment 627 #
2016/0223(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
The competent authorities shall provide beneficiaries of international protection with information on the rights and obligations relating to refugee status or subsidiary protection status, as soon as possible after that has been granted. That information shall be provided in a language that the beneficiary can understand or is reasonably supposed to understand and shall make explicit references to the consequences of not complying with the obligations outlined in Article 28 on movement within the Union and to all the rights related to integration set out in Section III of this Regulation.
Amendment 657 #
2016/0223(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point a
Article 26 – paragraph 1 – point a
(a) For beneficiaries of refugee status, the residence permit shall have a period of validity of three5 or 10 years and be renewable thereafter for periods of three5 or 10 years.
Amendment 667 #
2016/0223(COD)
(b) For beneficiaries of subsidiary protection status, the residence permit shall have a period of validity of one or five years and be renewable thereafter for periods of twoone or five years.
Amendment 77 #
2016/0208(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) The creation of a an European FIU assisting and supporting Member States’ FIU in their tasks would be an efficient and cost effective means to ensure reception, analysis and dissemination of money laundering and terrorist financing reports in the Internal Market.
Amendment 216 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
Directive 2015/849/EU
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(4a) in Article 13(1), the following point is inserted: (aa) screening the customer's and beneficial owner's names against the EU sanction list;
Amendment 218 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 a (new)
Article 1 – paragraph 1 – point 4 a (new)
(4a) The following Article 13a is inserted: Article 13a. By January 2018, the Commission shall set up a publicly accessible platform that interconnects UN, EU and Member State's, lists of persons, groups, and entities subject to sanctions.
Amendment 258 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 1 – subparagraph 2 a (new)
Article 30 – paragraph 1 – subparagraph 2 a (new)
(-a) in paragraph 1, the following subparagraph is added: 'Member States shall ensure that owners of shares or voting rights or ownership interest in corporate and other legal entities, including through bearer shareholdings, or through control via other means, disclose to those entities whether they are holding the interest in their own name and on their own account or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting. Member States shall ensure that the natural person(s) who hold the position of senior managing official(s) in corporate and other legal entities, disclose to those entities whether they are holding the position in their own name or on behalf of another person. In case they act on behalf of someone else, they shall disclose to the register the identity of the person on behalf of whom they are acting.
Amendment 266 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point -a (new)
Article 1 – paragraph 1 – point 9 – point -a (new)
Directive 2015/849/EU
Article 30 – paragraph 4
Article 30 – paragraph 4
(9a) Paragraph 4 is replaced by the following: "4. Member States shall require that the information held in the central register referred to in paragraph 3 is adequate, accurate and current." over time. Member States shall put in place mechanisms to ensure the information in the register is verified on a regular basis. Obliged entities shall report any discrepancy they find between the beneficial ownership information contained in the central registers and the beneficial ownership information collected when performing their due diligence procedures." Or. en (http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=OJ:JOL_2015_141_R_0003&from=ES)
Amendment 280 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Directive 2015/849/EU
Article 30 – paragraph 8 – subparagraph 1 a (new)
Article 30 – paragraph 8 – subparagraph 1 a (new)
(ba) in paragraph 8, the following subparagraph is added : "Before entering into a new customer relationship with a corporate or other legal entity subject to the registration of beneficial ownership information, the obliged entities shall collect proof of that registration"
Amendment 400 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)
Article 1 – paragraph 1 – point 18 a (new)
Directive 2015/849/EU
Chapter VI – Section 3 – Subsection IV (new)
Chapter VI – Section 3 – Subsection IV (new)
(18a) in Section 3 of Chapter VI, the following subsection IV is added: Subsection IV Article 51a By June 2017, the Commission shall present a legislative proposal to create a European FIU that would coordinate, assist and support Member Sates FIUs. This European FIU shall lend support national FIUs in maintaining and developing the technical infrastructure for ensuring the exchange of information, assist them in joint analysis of cross border cases and produce its own case analysis and coordinate the work of Member States FIUs for cross border cases. For this purpose, the national FIU shall automatically exchange information with this European FIU when investigating on a money laundering case. This legislative proposal shall take into account the results of the Commission mapping of the Member States FIUs powers and obstacles to cooperation in order to design a well-balanced and tailor made system of cooperation.
Amendment 401 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)
Article 1 – paragraph 1 – point 18 b (new)
Directive 2015/849/EU
Article 51 b (new)
Article 51 b (new)
(18b) the following Article 51b is inserted: Article 51b 1. Member States shall ensure their FIU can cooperate and exchange relevant information with their foreign counterparts. 2. Member States shall ensure that their FIU is able to make inquiries on behalf of foreign counterparts where this could be relevant to an analysis of financial transactions. At a minimum, inquiries should include: – Searching its own databases, which would include information related to suspicious transaction reports. – Searching other databases to which it may have direct or indirect access, including law enforcement databases, public databases, administrative databases and commercially available databases. Where permitted to do so, FIUs shall also contact other competent authorities and financial institutions in order to obtain relevant information
Amendment 412 #
2016/0208(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
(21a) in Section 3 of Chapter VI, the following subsection is inserted : Subsection IIIa International Cooperation Article 57a 1. Member State should ensure that their competent authorities supervising credit and financial institutions as well as their law enforcement authorities, provide the widest possible range of international cooperation with the competent authorities of third countries that constitute counterparts of the national competent authorities. 2. Member state shall ensure that there are effective gateways to facilitate the prompt and constructive exchange directly between counterparts, either spontaneously or upon request, of information relating to money laundering.
Amendment 98 #
2016/0151(COD)
Draft legislative resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the study on "Linear and on-demand audiovisual media services in Europe 2015", published by the European Audiovisual Observatory in June 2016,
Amendment 99 #
2016/0151(COD)
Draft legislative resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the study "Analysis of the implementation of the provisions contained in the AVMSD concerning the protection of minors", published by the European Audiovisual Observatory in November 2015,
Amendment 114 #
2016/0151(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 120 #
2016/0151(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Establishing jurisdiction requires an assessment of factual situations against the criteria laid down in Directive 2010/13/EU. The assessment of such factual situations might lead to conflicting results. In the application of the cooperation procedures provided for in Articles 2, 3 and 4 of Directive 2010/13/EU, it is important that the Commission can base its findings on reliable facts. The European Regulators Group for Audiovisual Media Services (ERGA) should therefore be empowered to provide opinions on jurisdiction upon the Commission's request.
Amendment 410 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Directive 2010/13/EU
Chapter II – Article –2 (new)
Chapter II – Article –2 (new)
Amendment 455 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b
Article 1 – paragraph 1 – point 3 – point b
Directive 2010/13/EU
Article 2 – paragraph 5 b
Article 2 – paragraph 5 b
5b. Where, in applying Articles 2, 3 and 4 of this Directive, the Member States concerned do not agree on which Member State has jurisdiction, they shall bring the matter to the Commission's attention without undue delay. The Commission may request the European Regulators Group for Audiovisual Media Services (ERGA) to provide an opinion on the matter within 15 working days from submission of the Commission's request. If the Commission requests an opinion from ERGA, the time-limits set out in Articles 3(5) and 4(5) shall be suspended until ERGA has adopted an opinion.";
Amendment 537 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point a
Article 4 – paragraph 4 – point a
(a) it has notified the Commission and the Member State in which the broadcastaudiovisual media service provider is established of its intention to take such measures while substantiating the grounds on which it bases its assessment;
Amendment 540 #
2016/0151(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point c
Article 1 – paragraph 1 – point 5 – point c
Directive 2010/13/EU
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
(b) it has respected the rights of defence of the broadcastaudiovisual media service provider concerned and, in particular, has given the broadcaster the opportunity to express its views on the alleged circumvention and the measures the notifying Member States intends to take;
Amendment 20 #
2016/0142(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Considering that it is essential that the criteria used to grant visa exemption continued to be fulfilled after the exemption is granted and over time , the European Commission shall closely monitor the third countries’ compliance with these benchmarks, in particular the respect of fundamental rights and regularly report to the Council and the European Parliament.
Amendment 33 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c
Article 1a – paragraph 2 – point c
(c) a substantial increase in the number of rejected readmission applications which are submitted by the Member State to that third country for its own nationals and which are rejected, go unanswered or lapse or, where a readmission agreement concluded between the Union or that Member State and that third country provides for such obligation, for third country nationals having transited through that third country.
Amendment 34 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c a (new)
Article 1a – paragraph 2 – point c a (new)
(ca) a substantial increase in the number of nationals of that third country who are found not to meet the conditions governing entry into the Schengen area as set out in Article 5 of Regulation (EC) No 562/2006 (Schengen Code).
Amendment 35 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 539/2001
Article 1a – paragraph 2 – point c a (new)
Article 1a – paragraph 2 – point c a (new)
Amendment 38 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
(cb) a substantial increase in the number of forged, false or invalid passports or identity or travel documents issued or supposedly issued by that third country.
Amendment 43 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – introductory part
Article 1a – paragraph 2 a – introductory part
« 2a. Where the Commission has concrete and reliable information of circumstances referred to in points (a), (b), (c) or (cd) of paragraph 2, or that the third country is not cooperating on readmission, in particular where a readmission agreement has been concluded between that third country and the Union, for instance:
Amendment 48 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 539/2001
Article 1a – paragraph 2 a – concluding part
Article 1a – paragraph 2 a – concluding part
the Commission may, on its own initiative,shall inform the European Parliament and the Council. This information shall be equivalent to a notification made pursuant to paragraph 2. Prior to this information process, the Commission may take into account the results of its monitoring of the continued compliance by the third country concerned with the criteria necessary to obtain visa liberalisation, in particular those related to fundamental rights.”
Amendment 60 #
2016/0142(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 a (new)
Article 1 – paragraph 1 – point 5 a (new)
Regulation (EC) No 539/2001
Article 1a – paragraph 4
Article 1a – paragraph 4
(5a) The following is added in the second subparagraph of paragraph 4: ‘A Member State which, in accordance with Article 4 of this Regulation, wishes to introduce new exceptions to the visa requirement for a category of nationals of the third country covered by the delegated act suspending the exemption from the visa requirement shall notify the Commission in advance.’
Amendment 252 #
2016/0133(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) A Member State of allocation may decide not to accept the allocated applicants during amay, at the end of each twelve -months- period, in which case it should enter this information in the automated system and notify the other Member States, the Commission and the European Union Agency for Asylum. Thereafter thedecide either it will take part in the corrective allocation mechanism, either it will temporarily opt for a solidarity financial contribution. If a Member State opts for the second option, it has to pay, into a fund (the "Dublin Reserve Fund") to be established, per each applicants that who would have been allocated to that Member State should be allocated toit, the first and the second years EUR 50 000, the other Member States instead. The Member State which temporarily does not take part in the corrective allocation should make a solidarity contribution of EUR 250,000 per applicant not accepted to the Member State that was determined as responsible for examining those applications. The Commission should lay down the practical modalities for the implementation of the solidarity contribution mechanism in an implementing act. The European Union Agency for Asylum will monitor and report to the Commission on a yearly basis on the application of the financial solidarity mechanismird and the fourth years EUR 75 000, the fifth and the following years EUR 100 000. The funding under this 'Dublin reserve' is intended to cover the granting of a lump sum per asylum seeker, distributed proportionally between the Member States that participate in the corrective allocation mechanism. If a Member State fails to pay, the Commission shall withhold the same amount from the payments due to that Member State from other Union funds.
Amendment 796 #
2016/0133(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Paragraph 1 applies where the automated system referred to in Article 44(1) indicates that the number of applications for international protection for which a Member State is responsible under the criteria in Chapter III, Articles 3(2) or (3), 18 and 19, in addition to the number of persons effectively resettled, is higher than 1500% of the reference number for that Member State as determined by the key referred to in Article 35.
Amendment 888 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. A Member State may, at the end of the three-month period after the entry into force of this Regulation and at the end of each twelve-month period thereafter, enter in the automated system that it will temporarily not, - either it will take part in the corrective allocation mechanism set out in Chapter VII of this Regulation as a Member State of allocation and notify this to the Member States, the Commission and the European Union Agency for Asylum; - either it will temporarily opt for a solidarity financial contribution in accordance with the procedures set out in paragraph 3.
Amendment 896 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 2
Article 37 – paragraph 2
2. The automated system referred to in Article 44(1) shall in that casecase of a Member State does not take part in the corrective allocation mechanism apply the reference key during this twelve-month period to those Member States with a number of applications for which they are the Member States responsible below their share pursuant to Article 35(1), with the exception of the Member State which enteredopted for the finformationancial solidarity, as well as the benefitting Member State. The automated system referred to in Article 44(1) shall count each application which would have otherwise been allocated to the Member State which enteredopted for the finformationancial solidarity pursuant to Article 36(4) for the share of that Member State.
Amendment 903 #
2016/0133(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. At the end of the twelve-month period referred to in paragraph 2, the automated system shall communicate to the Member State not taking part in the corrective allocation mechanism the number of applicants for whom it would have otherwise been the Member State of allocation. That Member State shall thereafter make a solidarity contribution of EUR 250,000pay, into a fund (the "Dublin Reserve Fund") to be established, per each applicant who would have otherwise been allocated to that Member State during the respective twelve-month period. The solidarity contribution shit, the first and the second years EUR 50 000, the third and the fourth years EUR 75 000, the fifth and the following years EUR 100 000. The funding under this 'Dublin reserve' is intended to cover the granting of a lump sum per asylum seeker, distributed proportionally be paid totween the Member State determined as responsible for examining the respective applications that participate in the corrective allocation mechanism. If a Member State fails to pay, the Commission shall withhold the same amount from the payments due to that Member State from other Union funds.
Amendment 968 #
2016/0133(COD)
Proposal for a regulation
Article 42 – paragraph 1
Article 42 – paragraph 1
For the costs to transfer an applicant to the Member State of allocation, the benefitting Member State shall be refunded by a lump sum of EUR 5300 for each person transferred pursuant to Article 38(c). This financial support shall be implemented by applying the procedures laid down in Article 18 of Regulation (EU) No 516/2014.
Amendment 61 #
2016/0132(COD)
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 78 (2)(d) and (e), 79(2)(c), 87(2)(a) and 88(2)(a) thereof,
Amendment 63 #
2016/0132(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) For the purposes of applying Regulation (EU) No […/…] establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person24 and of Regulation XXX/XXX establishing a Union Resettlement Framework, it is necessary to establish the identity of applicants for international protection, of persons for whom Member States intend to launch a resettlement procedure and of persons apprehended in connection with the unlawful crossing of the external borders of the Union24 . It is also desirable, in order effectively to apply Regulation (EU) No […/…], and in particular Articles[..] and [..]) thereof, to allow each Member State to check whether a third- country national or stateless person found illegally staying on its territory has applied for international protection in another Member State. _________________ 24 See page 31 of this Official Journal.
Amendment 64 #
2016/0132(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) It is necessary, for the purposes of the implementation of Regulation XXX/XXX establishing a Union Resettlement Framework, for all Member States to register in Eurodac information on third-country nationals and stateless persons for whom they intend to conduct a resettlement procedure, in accordance with Article 10(2) of that Regulation.
Amendment 65 #
2016/0132(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) The registration in Eurodac is designed to ensure that persons for whom a Member State intends to conduct a resettlement procedure enjoy the same level of protection and the same rights applicable to other applicants for, and beneficiaries of, international protection as regards the processing of their data. This should also enable Member States to verify whether or not a third-country national or stateless person has already been resettled in another Member State by virtue of Regulation XXX/XXX. If they have, then the Member State of resettlement can be established and any secondary movements monitored;
Amendment 69 #
2016/0132(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) The European Agency for the operational management of large- scale IT systems in the area of freedom, security and justice (eu-LISA) should conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various justice and home affairs databases need to be harmonised and, more specifically, whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.
Amendment 77 #
2016/0132(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The return of third-country nationals who do not have a right to stay in the Union, in accordance with fundamental rights as general principles of Union law as well as international law, including non- refoulement, refugee protection and human rights obligations, and in compliance with the provisions of Directive 2008/115/EC26 , is an essential part of the comprehensive efforts to address migration and, in particular, to reduce and deter irregular migration. To increase the effectiveness of the Union system to return illegally staying third- country nationals is needed in order to maintain public trust in the Union migration and asylum system, and should go hand in hand with the efforts to protect those in need of protection. _________________ 26 Directive of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24,12,2008, p. 98.
Amendment 79 #
2016/0132(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) With a view to stepping up cooperation between Member States in managing irregular migration, illegally staying nationals should give the name of the removal measure taken by the Member State which entered the data in Eurodac instead of the asylum request number.
Amendment 84 #
2016/0132(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) Member States could allow a reasonable deadline of 15 days after the end of authorised stays for fulfilling their obligations under Article 14 in respect of illegally staying third-country nationals who entered by legally crossing the external border of the Schengen area.
Amendment 94 #
2016/0132(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission’s Communication on Stronger and Smarter Information Systems for Borders and Security28 highlights the need to improve the interoperability of information systems as a long-term objective, as also identified by the European Council and the Council. The Communication proposes to set up an Expert Group on Information Systems and Interoperability to address the legal and technical feasibility of achieving interoperability of the information systems for borders and security. This group should assess the necessity and proportionality of establishing interoperability with the Schengen Information Systems (SIS), the Entry/Exit System and the Visa Information Systems (VIS), and examine if there is a need to revise the legal framework for law enforcement access to EURODAC. _________________ 28 COM(2016) 205 final
Amendment 103 #
2016/0132(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) With a view to ensuring equal treatment for all applicants and beneficiaries of international protection, as well as in order to ensure consistency with the current Union asylum acquis, in particular with Directive 2011/95/EU of the European Parliament and of the Council32 and with Regulation XXX/XXX establishing a Union Resettlement Framework and Regulation (EU) No […/…], this Regulation includes in its scope applicants for subsidiary protection and persons eligible for subsidiary protection in its scope , as well as persons granted international protection on the basis of resettlement under Regulation XXX/XXX. _________________ 32 Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 on standards for the qualification of third-country nationals or stateless persons as beneficiaries of international protection, for a uniform status for refugees or for persons eligible for subsidiary protection, and for the content of the protection granted (OJ L 337, 20.12.2011, p. 9).
Amendment 104 #
2016/0132(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) It is also necessary to require the Member States promptly to take and transmit the fingerprintbiometric data of every applicant for international protection, of every third-country national or stateless person for whom they intend to conduct a resettlement procedure under Regulation XXX/XXX and of every third-country national or stateless person who is apprehended in connection with the irregular crossing of an external border of a Member State or is found to be staying illegally in a Member State , if they are at least six years of age.
Amendment 109 #
2016/0132(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) In view oforder to protect and identify children who are the victims of human trafficking, who have gone missing or who have been kidnapped, and with a view to strengthening the protection of unaccompanied minors who have not applied for international protection and those children who may become separated from their families, it is also necessary to take fingerprints and a facial image for storage in the Central System to help establish the identity of a child and assist a Member State to trace any family or links they may have with another Member State. Establishing family links is a key element in restoring family unity and must be is closely linked to the determination of the best interests of the child and eventually, the determination of a durable solution.
Amendment 120 #
2016/0132(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) Member States should refer toabide by the Commission'’s Staff Working Document on Implementation of the Eurodac Regulation as regards the obligation to take fingerprints adopted by the Council on 20 July 201534 ,– annexed hereto – which sets out a best practice approach to taking fingerprints of irregular third-country nationals. Where a Member State's national law allows for the taking of fingerprints by force or coercion as a last resort, those measures must fully respect the EU Charter of Fundamental Rights. Third-country nationals who are deemed to be vulnerable persons and minors should not be coerced into giving their fingerprints or facial image, except in duly justified circumstances that are permitted under national law. _________________ 34 COM(2015) 150 final, 27.5.2015 COM(2015) 150 final, 27.5.2015
Amendment 127 #
2016/0132(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) The data on third country nationals and stateless persons resettled in a Member State by virtue of Regulation XXX/XXX should be kept for a period of 10 years. This is the period already applicable in the case of other applicants and beneficiaries of international protection.
Amendment 135 #
2016/0132(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) It is necessary to lay down clearly the respective responsibilities of the Commission and eu-LISA , in respect of the Central System and, the Communication Infrastructure and interoperability with other information systems, and of the Member States, as regards data processing, data security, access to, and correction of recorded data.
Amendment 140 #
2016/0132(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Transfers of personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System to any third country or international organisation or private entity established in or outside the Union should be prohibited, in order to ensure the right to asylum and to safeguard applicants for international protection and third-country nationals and stateless persons for whom Member States intend to conduct a resettlement procedure under Regulation XXX/XXX from having their data disclosed to a third country. This implies that Member States should not transfer information obtained from the Central System concerning: the name(s); date of birth; nationality; the Member State(s) of origin or Member State of allocation or the Member State of resettlement; the details of the identity or travel document; ; the place and date of application for international protection or resettlement; the reference number used by the Member State of origin; the date on which the fingerprints were taken as well as the date on which the Member State(s) transmitted the data to Eurodac; the operator user ID; and any information relating to any transfer of the data subject under [Regulation (EU) No 604/2013]. That prohibition should be without prejudice to the right of Member States to transfer such data to third countries to which [Regulation (EU) No 604/2013] applies [ in accordance with Regulation (EU) No […/2016]respectively with the national rules adopted pursuant to Directive [2016/…/EU] ], in order to ensure that Member States have the possibility of cooperating with such third countries for the purposes of this Regulation.
Amendment 143 #
2016/0132(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) It is appropriate to restrict the territorial scope of this Regulation so as to align it on the territorial scope of Regulation (EU) No […/…] , without prejudice to the provisions relating to the application of Regulation XXX/XXX;
Amendment 144 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) facilitate the implementation of Regulation XXX/XXX in accordance with the relevant provisions of that Regulation.
Amendment 160 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point nouveau c a (new)
Article 1 – paragraph 1 – point nouveau c a (new)
(ca) protect and identify children who are the victims of human trafficking or abuse, who have gone missing or have been kidnapped, and to establish children's identity and help Member States locate their family members or identify links that they may have with Member States in the best interests of such children.
Amendment 170 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States are obliged to take the fingerprints and facial image of persons referred to in Articles 10(1), 12(a), 13(1) and 14(1) for the purposes of Article 1(1)(a) and (b) of this Regulation and shall impose on the data-subject the requirement to provide his or her fingerprints and a facial image and inform them as such in accordance with Article 30 of this Regulation and in accordance with the provisions and guarantees laid down in the Annex to this Regulation.
Amendment 178 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. Taking fingerprints and facial images of minors from the age of six shall be carried out in a child-friendly and, child- sensitive and gender-sensitive manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed orally, in a language he/she understands, in an age- appropriate manner using leaflets and/or infographics and/or demonstrations specifically designed to explain the fingerprinting and facial image procedure to minors and they shall be accompanied by a responsible adult, guardian or representative at the time their fingerprints and facial image are taken. At all times Member States must respect the dignity and physical integrity of the minor during the fingerprinting procedure and when capturing a facial image.
Amendment 195 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 5
Article 2 – paragraph 5
5. The taking of fingerprints or a facial image shall be performed with full respect for human dignity. The procedure for taking fingerprints and a facial image shall be determined and applied in accordance with the national practice of the Member State concerned an, follow the common approach set out in Annex 1a to this Regulation and be conducted in accordance with the safeguards laid down in the Charter of Fundamental Rights of the European Union, in the Convention for the Protection of Human Rights and Fundamental Freedoms and in the United Nations Convention on the Rights of the Child.
Amendment 196 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) 'third-country national or stateless person for whom a Member State intends to conduct a resettlement procedure' means a third-country national or stateless person in respect of whom a Member State has initiated a resettlement procedure under Article 10(2) of Regulation XXX/XXX
Amendment 197 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b – point i a (new)
Article 3 – paragraph 1 – point b – point i a (new)
(ia) in relation to a person covered by Article 12a, the Member State which transmits the personal data to the Central System and receives the results of the comparison;
Amendment 203 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) 'Eurodac data' means all data stored in the Central System in accordance with Article 12, Article 12a, Article 13(2) and Article 14(2) ;
Amendment 211 #
2016/0132(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point o a (new)
Article 3 – paragraph 1 – point o a (new)
(oa) 'stateless person' means a person who is not considered to be a national of any state under the operation of its law.
Amendment 213 #
2016/0132(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Data on persons covered by Articles 10(1), 12a, 13(1) and 14(1) which are processed in the Central System shall be processed on behalf of the Member State of origin under the conditions set out in this Regulation and separated by appropriate technical means.
Amendment 217 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Article 5 – paragraph 2 – subparagraph 1 – introductory part
Eu-LISA shall be permitted to use real personal data of the Eurodac production system for testing purposes, in accordance with the provisions of Regulation (EU)2016/679, in the following circumstances:
Amendment 219 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 2
Article 5 – paragraph 2 – subparagraph 2
In such cases, the security measures, access control and logging activities at the testing environment shall be equal to the ones for the Eurodac production system. Real personal data adopted for testing shall be rendered anonymous in such a way that the data-subject is no longer identifiable. Eu- Lisa shall ensure that the relevant guarantees are provided in respect of the accessing of data by external contractors, in accordance with the provisions of Articles 24 and 28 of Regulation (EU) 2016/679.
Amendment 222 #
2016/0132(COD)
Proposal for a regulation
Article 5 – paragraph 3 – point c a (new)
Article 5 – paragraph 3 – point c a (new)
(ca) interoperability with other information systems.
Amendment 237 #
2016/0132(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) the number of data sets transmitted on persons referred to in Articles 10(1), 12a, 13(1) and 14(1);
Amendment 272 #
2016/0132(COD)
Proposal for a regulation
Chapter 2 a (new)
Chapter 2 a (new)
Amendment 285 #
2016/0132(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point i a (new)
Article 13 – paragraph 2 – point i a (new)
(ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 299 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 – point i a (new)
Article 14 – paragraph 2 – point i a (new)
(ia) return decision taken, or removal order issued, by the Member State of origin;
Amendment 300 #
2016/0132(COD)
Proposal for a regulation
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Member States may waive the obligations laid down in paragraphs 1 and 2 of this Article in respect of illegally residing third-country nationals who entered by legally crossing the external border of the Schengen area and have overstayed the legal period of residence by no more than 15 days.
Amendment 304 #
2016/0132(COD)
Proposal for a regulation
Chapter 5 – title
Chapter 5 – title
PROCEDURE FOR COMPARISON OF DATA FOR APPLICANTS FOR INTERNATIONAL PROTECTION, THIRD-COUNTRY NATIONALS AND STATELESS PERSONS FOR WHOM A MEMBER STATE INTENDS TO CONDUCT A RESETTLEMENT PROCEDURE AND THIRD-COUNTRY NATIONALS APPREHENDED CROSSING THE BORDER IRREGULARLY OR ILLEGALLY STAYING IN THE TERRITORY OF A MEMBER STATE
Amendment 310 #
2016/0132(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Fingerprint and facial image data transmitted by any Member State, with the exception of those transmitted in accordance with Article 11(b) and (c) , shall be compared automatically with the fingerprint data transmitted by other Member States and already stored in the Central System in accordance with Articles 10(1), 12a, 13(1) and 14(1) .
Amendment 314 #
2016/0132(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4) . Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 19(1) (3a) and (4) . Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.
Amendment 323 #
2016/0132(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
(3) Facial image data and data relating to the sex of the data-subject may be compared automatically with the facial image data and personal data relating to the sex of the data-subject transmitted by other Member States and already stored in the Central System in accordance with Articles 10(1), 12a, 13(1) and 14(1) with the exception of those transmitted in accordance with Article 11(b) and (c).
Amendment 327 #
2016/0132(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
(5) The Central System shall automatically transmit the hit or the negative result of the comparison to the Member State of origin following the procedures set out in Article 26(4). Where there is a hit, it shall transmit for all data sets corresponding to the hit the data referred to in Articles 12, 12b, 13(2) and 14(2) along with, where appropriate, the mark referred to in Article 17(1) and (4). Where a negative hit result is received, the data referred to in Articles 12, 12b, 13(2) and 14(2) shall not be transmitted.
Amendment 332 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 1 a (new)
Article 17 – paragraph 1 a (new)
1a. For the purposes of Article 12a, each set of data concerning a person for whom a Member State intends to conduct a resettlement procedure shall be kept in the Central System for 10 years starting from the date on which the fingerprints were taken in the case of a positive decision on the resettlement of the person concerned.
Amendment 333 #
2016/0132(COD)
Proposal for a regulation
Article 17 – paragraph 1 b (new)
Article 17 – paragraph 1 b (new)
1b. In the event of non-completion of a resettlement procedure, Member States shall delete from Eurodac the data they have registered in accordance with Article 10(2) of Regulation XXX/XXX.
Amendment 348 #
2016/0132(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Data relating to a person who has acquired citizenship of any Member State before expiry of the period referred to in Article 17(1) and (1a), (2) or (3) shall be erased from the Central System in accordance with Article 28(4) as soon as the Member State of origin becomes aware that the person concerned has acquired such citizenship.
Amendment 351 #
2016/0132(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Central System shall, as soon as possible and no later than after 72 hours, inform all Member States of origin of the erasure of data in accordance with paragraph 1 by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Articles 10(1), 12a, 13(1) or 14(1) .
Amendment 358 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. For the purposes laid down in Article 1(1)(a), the Member State of origin which issued a positive resettlement decision in respect of a third-country national or stateless person by virtue of Regulation XXX/XXX whose data were previously recorded in the Central System pursuant to Article 12 shall mark the relevant data in conformity with the requirements for electronic communication with the Central System established by eu-LISA. That mark shall be stored in the Central System in accordance with Article 17(1a) for the purpose of transmission under Articles 15 and 16. The Central System shall, as soon as possible and no later than 72- hours, inform all Member States of origin of the marking of data by another Member State of origin having produced a hit with data which they transmitted relating to persons referred to in Article 12a. Those Member States of origin shall also mark the corresponding data sets.
Amendment 359 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 b (new)
Article 19 – paragraph 3 b (new)
Amendment 360 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 c (new)
Article 19 – paragraph 3 c (new)
Amendment 361 #
2016/0132(COD)
Proposal for a regulation
Article 19 – paragraph 3 d (new)
Article 19 – paragraph 3 d (new)
3d. The Member State of origin shall unmark or unblock data concerning a third-country national or stateless person whose data were previously marked or blocked in accordance with paragraphs 3a or 4 of this Article if his or her status is revoked or ended or the renewal of his or her status is refused under [Articles 14 or 19 of Directive 2011/95/EU].
Amendment 370 #
2016/0132(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. Where all the conditions for requesting a comparison referred to in Articles 21 or 22 are fulfilled, the verifying authority shall transmit the request for comparison to the National Access Point which will process it to the Central System in accordance with Articles 15 and 16 for the purpose of comparison with the fingerprint and facial image data transmitted to the Central System pursuant to Articles 10(1), 12a, 13 (1) and 14(1) .
Amendment 384 #
2016/0132(COD)
Proposal for a regulation
Article 24 – paragraph 1 – point b
Article 24 – paragraph 1 – point b
(b) fingerprint data and the other data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) are lawfully transmitted to the Central System;
Amendment 388 #
2016/0132(COD)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall transmit the data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) electronically. The data referred to in Article 12, Article 12a, Article 13(2) and Article 14(2) shall be automatically recorded in the Central System. As far as necessary for the efficient operation of the Central System, eu-LISA shall establish the technical requirements to ensure that data can be properly electronically transmitted from the Member States to the Central System and vice versa.
Amendment 389 #
2016/0132(COD)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
3. The reference number referred to in Articles 12(i), 12a, 13(2)(i), 14 (2)(i) and 20(1) shall make it possible to relate data unambiguously to one particular person and to the Member State which is transmitting the data. In addition, it shall make it possible to tell whether such data relate to a person referred to in Articles 10(1), 12a, 13(1) or 14(1).
Amendment 391 #
2016/0132(COD)
Proposal for a regulation
Article 25 – paragraph 4
Article 25 – paragraph 4
4. The reference number shall begin with the identification letter or letters by which the Member State transmitting the data is identified. The identification letter or letters shall be followed by the identification of the category of person or request. "1” refers to data relating to persons referred to in Article 10(1), "2" to persons referred to in Article 13(1), "3” to persons referred to in Article 14(1), "4" to requests referred to in Article 21, "5" to requests referred to in Article 22 and "9" to requests referred to in Article 30, and “6” to persons referred to in Article 12a.
Amendment 397 #
2016/0132(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The result of the comparison of fingerprint data carried out pursuant to Article 15 shall be immediately checked in the receiving Member State by a fingerprint expert as defined in accordance with its national rules, specifically trained in the types of fingerprint comparisons provided for in this Regulation. For the purposes laid down in Article 1(1)(a) (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 400 #
2016/0132(COD)
The result of the comparison of facial image data carried out pursuant to Article 16 shall be immediately checked and verified in the receiving Member State. For the purposes laid down in Article 1(1)(a), (aa) and (b) of this Regulation, final identification shall be made by the Member State of origin in cooperation with the other Member States concerned.
Amendment 401 #
2016/0132(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The authorities of Member States which, pursuant to paragraph 1 of this Article, have access to data recorded in the Central System shall be those designated by each Member State for the purposes laid down in Article 1(1)(a), (aa) and (b). That designation shall specify the exact unit responsible for carrying out tasks related to the application of this Regulation. Each Member State shall without delay communicate to the Commission and eu- LISA a list of those units and any amendments thereto. eu-LISA shall publish the consolidated list in the Official Journal of the European Union. Where there are amendments thereto, eu-LISA shall publish once a year an updated consolidated list online.
Amendment 403 #
2016/0132(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. For the purposes laid down in Article 1(1)(a), (aa) and (b), each Member State shall take the necessary measures in order to achieve the objectives set out in paragraphs 1 and 2 of this Article in relation to its national system. In addition, each Member State shall keep records of the staff duly authorised to enter or retrieve the data.
Amendment 404 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 1 – introductory part
Article 30 – paragraph 1 – introductory part
1. A person covered by Articles 10(1), 12a, Article 13(1) or Article 14(1) shall be informed by the Member State of origin in writing, and where necessary, orally, in a language that he or she understands or is reasonably supposed to understand in a concise, transparent, intelligible and easily accessible form, using clear and plain language , of the following:
Amendment 406 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b
Article 30 – paragraph 1 – point b
(b) the purpose for which his or her data will be processed in Eurodac, including a description of the aims of Regulation (EU) No […/…] , in accordance with Article 6 thereof and, where applicable, of the aims of Regulation XXX/XXX and an explanation in intelligible form of the fact that Eurodac may be accessed by the Member States and Europol for law enforcement purposes;
Amendment 409 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point d
Article 30 – paragraph 1 – point d
(d) in relation to a person covered by Articles 10(1) or, 12a, 13(1) or 14(1) , the obligation to have his or her fingerprints taken;
Amendment 414 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 1
Article 30 – paragraph 2 – subparagraph 1
In relation to a person covered by Articles 10(1) or, 12a, 13(1) and 14(1) , the information referred to in paragraph 1 of this Article shall be provided at the time when his or her fingerprints are taken.
Amendment 417 #
2016/0132(COD)
Proposal for a regulation
Article 30 – paragraph 2 – subparagraph 2
Article 30 – paragraph 2 – subparagraph 2
Where a person covered by Article 10(1), 12a, Article 13(1) and Article 14(1) is a minor, Member States shall provide the information in an age-appropriate manner.
Amendment 421 #
2016/0132(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. For the purposes laid down in Article 1(1)(a), (aa) and (b) of this Regulation, the data subject's rights of access, rectification and erasure shall be exercised in accordance ,with Chapter III of Regulation (EU) No. […/2016] and applied as set out in this Article .
Amendment 423 #
2016/0132(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. each Member State shall provide that The supervisory authority or authorities of each Member State designated pursuant to Article 41 of Directive referred to in Article [46(1)] of Regulation (EU) […/2016] shall monitor the lawfulness of the processing of personal data by the Member State in question for the purposes laid out in Article 1(1)(a), (aa) and (b) , including their transmission to the Central System.
Amendment 427 #
2016/0132(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
1. Personal data obtained by a Member State or Europol pursuant to this Regulation from the Central System shall not be transferred or made available to any third country, international organisation or private entity established in or outside the Union. This prohibition shall also apply if those data are further processed at national level or between Member States within the meaning of [Article […] of Directive [(EU) 2016/../EU] ] and Regulation 2016/679.
Amendment 434 #
2016/0132(COD)
Proposal for a regulation
Article 37 – paragraph 3
Article 37 – paragraph 3
3. No information regarding the fact that an application for international protection has been made in a Member State shall be disclosed to any third- country for persons related to Article 10(1) or Article 12a, particularly where that country is also the applicant's country of origin.
Amendment 445 #
2016/0132(COD)
Proposal for a regulation
Article 40 – paragraph 2 a (new)
Article 40 – paragraph 2 a (new)
2a. Ultimate responsibility for the processing of personal data shall lie with the Member States, which are considered to be ‘controllers’ within the meaning of Regulation (EU) 2016/679.
Amendment 447 #
2016/0132(COD)
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
2a. eu-LISA shall establish a secure communication channel between the EES Central System and the Eurodac Central System to enable interoperability between them. The two systems need to be connected in order for the biometric data of a third-country national registered in the EES to be transferred to Eurodac where registration of that biometric data is laid down in this Regulation.
Amendment 450 #
2016/0132(COD)
4a. In 2020 at the latest, eu-LISA shall conduct a study to ascertain whether the combinations of biometric identifiers in the EU’s various databases need to be harmonised and whether Eurodac should limit its identification data to four fingerprints and a facial image, like the entry/exit system provided for in Regulation (EU) .../... of the European Parliament and of the Council.
Amendment 453 #
2016/0132(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
The provisions of this Regulation shall not be applicable to any territory to which [Regulation (EU) No 604/2013 does not apply], without prejudice to the provisions of Regulation XXX/XXX.
Amendment 455 #
2016/0132(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 12 #
2016/0131(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) In its Communication of 6 April 2016, the Commission set out its options for improving the CEAS, namely to establish a sustainable and fair system for determining the Member States responsible for asylum seekers, to reinforce the Eurodac system, to achieve greater convergence in the asylum system by adopting a new regulation establishing a single common European asylum system, a new regulation on the conditions that must be met by asylum seekers and through targeted amendments to the directive on reception conditions, and to prevent secondary movements, and develop an enhanced mandate for the European Asylum Support Office. That Communication is in line with calls by the European Council on 18 February 2016 to make progress towards reforming the EU's existing framework so as to ensure a humane and efficient asylum policy. It also proposes a way forward in line with the holistic approach to migration set out by the European Parliament in its own initiative report of 12 April 2016.
Amendment 15 #
2016/0131(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The European Asylum Support Office was established by Regulation (EU) No 439/2010 of the European Parliament and of the Council 7and it took up its responsibilities on 1 February 2011. The European Asylum Support Office has enhanced practical cooperation among Member States on asylum-related matters and in assisting Member States in implementing their obligations under the CEAS. The European Asylum Support Office also provides support to Member States whose asylum and reception systems are under particular pressure. However, its role and function need to be further strengthened so as to not only support Member States in their practical cooperation but to reinforce and complement the asylum and reception systems of Member States with a view to achieving, as soon as possible, a genuine European right to asylum. __________________ 7 Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).
Amendment 19 #
2016/0131(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The tasks of the European Asylum Support Office should be expanded, and to reflect those changes, it should be renamed European Union Agency for Asylum. The Agency should be a centre of expertise and its main roles should be to strengthen practical cooperation and information exchange among Member States on asylum, promote Union law and operational standards to ensure a high degree of uniformity as regards asylum procedures, reception conditions and the assessment of protection needs across the Union, evaluate and monitor the operational and technical application of Union law and standards as regards asylum, support the Dublin system and provide increased operational and technical support to Member States for the management of the asylum and reception systems, in particular those whose systems are subject to disproportionate pressure.
Amendment 21 #
2016/0131(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
6a. The European Union Agency for Asylum should be given enough financial resources and staff to guarantee that it is independent and can carry out its duties properly, including, specifically, the Agency’s own staff to set up teams of experts responsible for evaluating and monitoring procedures for asylum and reception systems.
Amendment 22 #
2016/0131(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 37 #
2016/0131(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The European Union Agency for Asylum, in close cooperation with the Commission and without prejudice to the Commission's responsibility as guardian of the Treaties, should establish a mechanism to monitor and assess the implementation of the CEAS, the compliance by Member States with operational standards, guidelines and best practices on asylum and to verify the functioning of the asylum and reception systems of Member States. The monitoring and assessment should be comprehensive and should be based, in particular, on information provided by Member States, information analysis on the situation of asylum developed by the Agency, on-site visits and case sampling. The Agency should report its findings to the Management Board which in turn should adopt the report and forward it to the Commission and the European Parliament. The Executive Director should, after consultation with the Commission, make draft recommendations to the Member State concerned outlining the necessary measures to address serious shortcomings, which in turn shall be adopted by the Management Board as recommendations.
Amendment 99 #
2016/0131(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Agency shall work closely with the Member States' asylum authorities, with national immigration and asylum services and other national services and with the Commission and the relevant EU agencies, particularly the European Border and Coast Guard. The Agency shall carry out its duties without prejudice to those assigned to other relevant bodies of the Union and shall work closely with those bodies and with the United Nations High Commissioner for Refugees (UNHCR).
Amendment 105 #
2016/0131(COD)
Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
For this purpose, the Agency shall work in close collaboration with the European Agency for the Management of Operational Cooperation at the External Borders of the Member StatesBorder and Coast Guard , and shall, in particular, rely on the risk analysis carried out by that Agency so as to ensure the highest level of consistency and convergence in the information provided by both Agencies.
Amendment 158 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall, in close collaboration with the European Border and Coast Guard, assess the readiness of Member States to meet challenges from possible disproportionate pressure on their asylum and reception systems. The Agency may request Member States to provide it with their contingency planning for measures to be taken to deal with such possible disproportionate pressure and shall assist Member States to prepare and review their contingency planning, where necessary.
Amendment 160 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
Amendment 165 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitored each year, ensuring that each Member State shall be monitored at least once in every fivetwo-year period.
Amendment 172 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall transmit the draft report of the team of experts to the Member State concerned, which shall provide its comments on that draft report. The Executive Director shall then submit the draft report, taking into account the comments of the Member State concerned, to the Management Board. The Management Board shall adopt the monitoring report and transmit it to the Commission and the European Parliament.
Amendment 246 #
2016/0131(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Management Board shall establish detailed rules and update them as necessary as regards fees and the payment of the daily subsistence allowance of experts deployed by Member States to the asylum support teams.
Amendment 397 #
2016/0131(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Agency shall, at the request of provide the Commission, provide it with information on specific third countries which could be considered for inclusion inor removal from the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX.
Amendment 400 #
2016/0131(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2
Article 11 – paragraph 3 – subparagraph 2
The European Parliament, the Council or the Commission may request the Agency to carry out a review of the situation in any such third country with a view to assess whether the relevant conditions and criteria set out in that Directive are respected.
Amendment 434 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 a (new)
Article 13 – paragraph 2 – subparagraph 1 a (new)
In order to assist in these duties the agency may conduct unannounced on-site visits without prior notification to the Member State concerned. General guidelines on practical arrangements for such visits shall be established by the Commission in close cooperation with the Member States.
Amendment 453 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
Article 14 – paragraph 1 – subparagraph 2
The multi-annual programming shall list the Member States whose asylum and reception systems shall be monitored each year, ensuring that each Member State shall be monitored at least once in every fivthree-year period.
Amendment 485 #
2016/0131(COD)
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 501 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point g
Article 16 – paragraph 3 – point g
(g) assist withperform its tasks and obligations with regards to the relocation or transfer of beneficiaries ofand applicants for international protection within the Union in accordance with the provisions of regulation xxx/xxx [Dublin regulation];
Amendment 507 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point j a (new)
Article 16 – paragraph 3 – point j a (new)
(j a) provide any additional form of operational and technical assistance requested by the Member State in accordance with paragraph 1
Amendment 523 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. The Management Board shall, on a proposal of the Executive Director, decide by a three-fourths majority of members with a right to vote on the profiles of experts and on the share that each Member State shall contribute to constitute the asylum intervention pool. The same procedure shall apply to any subsequent changes in the profiles and the overall number of experts.
Amendment 574 #
2016/0131(COD)
Proposal for a regulation
Article 22 a (new)
Article 22 a (new)
Article 22a Resettlement assistance provided by the Agency The Agency may provide Member States with resettlement assistance, in particular during the establishment of the EU Resettlement Framework. To that end, the Agency may set up teams of resettlement experts. The arrangements for the provision of assistance by the Agency shall be governed by Regulation (EU) XXX/XXX (EU Resettlement Framework).
Amendment 591 #
2016/0131(COD)
Proposal for a regulation
Article 31 – paragraph 1 – point e a (new)
Article 31 – paragraph 1 – point e a (new)
(ea) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;
Amendment 596 #
2016/0131(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point g a (new)
Article 32 – paragraph 2 – point g a (new)
(ga) performing its tasks under Regulation (EU) XXX/XXX (EU Resettlement Framework), wherever necessary;
Amendment 601 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. In matters related to 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 Union's external relations policy, including with regard to the protection of fundamental rights, and in cooperation with the European External Action Service. The Agency and the Member States shall promote and comply with norms and standards equivalent to those set by Union legislation, including the EU charter of Fundamental Rights, the 1951 Geneva Refugee Convention and its 1967 protocol, also when carrying out activities on the territory of those third countries.
Amendment 607 #
2016/0131(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 626 #
2016/0131(COD)
Proposal for a regulation
Article 39 – paragraph 1
Article 39 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State, two representatives of the European Parliament and two representatives of the Commission, which shall have the right to vote.
Amendment 639 #
2016/0131(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. The Mmanagement Bboard may establish an E small-sized executive Bboard, composed of the Chairperson of the Management Board, the two representatives of the Commission toto assist it and the executive director with regard to the preparation of the decisions, programmes and activities to be adopted by the Mmanagement Bboard and three other memberso take certain provisional, urgent decisions on behalf of the Mmanagement Bboard, to assist it and t when necessary. The Eexecutive Director with regard to the preparation ofboard shall not take decisions, the annual and multi-annual programming and activities to be adopted byat must be passed by either a two-thirds or three-quarters majority of the Mmanagement Bboard. WThen necessary, because of urgency, management board may delegate certain clearly defined tasks to the Eexecutive Bboard may take certain provisional decisions on behalf of the Management Board, in particular on administrativ, in particular where this improves the efficiency of the Agency. It may not delegate to the executive board tasks related to decisions that must be passed by either a two-thirds or three-quarters majority of the management matters. board.
Amendment 651 #
2016/0131(COD)
Proposal for a regulation
Article 46 – paragraph 5 – point o a (new)
Article 46 – paragraph 5 – point o a (new)
(o a) submitting reports on compliance with the duty to cooperate in good faith to the Management Board and the European Commission in accordance with article 3(4)
Amendment 660 #
2016/0131(COD)
Proposal for a regulation
Article 48 – paragraph 3 – subparagraph 2
Article 48 – paragraph 3 – subparagraph 2
Amendment 683 #
2016/0131(COD)
Proposal for a regulation
Article 68 – paragraph 2 a (new)
Article 68 – paragraph 2 a (new)
Article XXX shall apply from [Date]
Amendment 8 #
2016/0106(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In its communication of 6 April 2016 on 'Stronger and Smarter Information Systems for Borders and Security', the Commission presented a process aimed at achieving the interoperability of information systems in order to improve structurally the EU's data management architecture for border controls and security.
Amendment 9 #
2016/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use, use and interoperability with other information systems and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and the protection of personal data.
Amendment 11 #
2016/0106(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The EES should consist of a Central System, which will operate a computerised central database of biometric and alphanumeric data, a National Uniform Interface in each Member State, a Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the EURODAC Central System and the Communication Infrastructure between the Central System and the National Uniform Interfaces. Each Member State should connect its national border infrastructures to the National Uniform Interface. Member States' national border infrastructures include the Schengen Information System, the Interpol SLTD and Europol databases and the national databases of law enforcement authorities.
Amendment 12 #
2016/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Interoperability should be established between the EES and Eurodac by way of a direct communication channel between the Central Systems to allow the automatic transfer from the EES to Eurodac of the data of persons having exceeded the authorised period of stay;
Amendment 20 #
2016/0106(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) This Regulation establishing the EES replaces the obligation to stamp passports of third country nationals which is applicable by all acceding Member States. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accessionprovisions under Title III of Regulation (EU) 2016/399 should not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Such Member States should register in the EES the stay of third country nationals but the automated calculator in the system should not compute it as part of the authorised length of stof 90 days in any period of 180 days.
Amendment 23 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the connection of the Central System to the national border infrastructures in Member States; Member States' national border infrastructures include the Schengen Information System, the Interpol SLTD and Europol databases and the national databases of law enforcement authorities;
Amendment 24 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(a) a Secure Communication Channel between the EES Central System and the Eurodac Central System;
Amendment 25 #
2016/0106(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Interoperability with Eurodac 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and that of Eurodac to allow interoperability between the two systems. 2. The interoperability requirement allows the automated transfer of the data referred to in Articles 14 and 15 of all persons having exceeded the permitted length of stay from the EES Central System to the Eurodac Central System.
Amendment 26 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Stays in Member States which are not yet fully applying the Schengen acquis in accordance with their respective Acts of Accessionprovisions under Title III of Regulation (EU) 2016/399 shall not be taken into account in the calculation of the duration of the authorised stay in the Schengen area. Those Member States shall register the stays of third country nationals in the EES. The automated calculator in the system shall not however compute stays in Member States which are not yet fully applying the Schengen acquis as part of the authorised length of stay.
Amendment 27 #
2016/0106(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay and whose entry/exit record contains no exit data shall be automatically transferred to the Eurodac Central System.
Amendment 29 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
eu-LISA shall be responsible for the development of the Central System, the National Uniform Interfaces, the Communication Infrastructure and the Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the Eurodac Central System. It shall also be responsible for the development of the web service referred to in Article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in Article 61(2).
Amendment 30 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the Eurodac Central System and the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the VIS deriving from the establishment of interoperability with the EES as well as from the implementation of the amendments to Regulation (EC) No 767/2008 referred to in Article 55.
Amendment 31 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 3
Article 34 – paragraph 1 – subparagraph 3
eu-LISA shall develop and implement the Central System, the National Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the Eurodac Central System, and the Communication Infrastructure as soon as possible after the entry into force of this Regulation and the adoption by the Commission of the measures provided for in Article 33.
Amendment 32 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 3 – subparagraph 1
Article 34 – paragraph 3 – subparagraph 1
eu-LISA shall be responsible for the operational management of the Central System, the Secure Communication Channel between the EES Central System and the VIS Central System and between the EES Central System and the Eurodac Central System and the National Uniform Interfaces. It shall ensure, in cooperation with the Member States, at all times the best available technology, subject to a cost- benefit analysis. eu-LISA shall also be responsible for the operational management of the Communication Infrastructure between the Central system and the National Uniform Interfaces and for the web-service referred to in Article 12.
Amendment 166 #
2016/0106(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) In its communication of 6 April 2016 on 'Stronger and Smarter Information Systems for Borders and Security', the Commission presented a process aimed at achieving the interoperability of information systems in order to improve structurally the Union's data management architecture for border control and security.
Amendment 169 #
2016/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use, use and interoperability with other information systems and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and the protection of personal data.
Amendment 171 #
2016/0106(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) It is necessary to specify the objectives of the Entry/Exit System (EES) and its technical architecture, to lay down rules concerning its operation and use and to define responsibilities for the system, the categories of data to be entered into the system, the purposes for which the data are to be entered, the criteria for their entry, the authorities authorised to access the data and further rules on data processing and, the protection of personal data and the right to privacy.
Amendment 178 #
2016/0106(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The EES should apply to third country nationals admitted for a short stay to the Schengen area or, ultimately, for a stay on the basis of a touring visa. It should also apply to third country nationals whose entry for a short stay has been refused.
Amendment 183 #
2016/0106(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
Amendment 184 #
2016/0106(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The EES should have the objective of improving the management of external borders, pcrevenating irregular immigration and facilitating the management of migration flows. The EES should, in particular and when relevant, contribute to tha system which will calculate the authorised period of stay of each traveller, reducing waiting times during checks at borders and improving the quality of those checks for third country nationals, ensuring systematic and reliable identification of any persons who does not or no longer fulfils the conditions of duration of stay withhave overstayed, improving European policy on visa liberalisation by means of the analysis of statistics produced by the EES, increasing internal security and fighting the territory of the Member States. errorism and serious crime, providing an aid to the reliable identification of persons and supplying a travel history.
Amendment 202 #
2016/0106(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The EES should consist of a Central System, which will operate a computerised central database of biometric and alphanumeric data, a National Uniform Interface in each Member State, a Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System and between the EES Central System and the ETIAS Central System and the Communication Infrastructure between the Central System and the National Uniform Interfaces. Each Member State should connect its national border infrastructures to the National Uniform Interface. Member States’ national border infrastructures include as a minimum the Schengen Information System, Interpol’s SLTD database, Europol databases and the national databases of law enforcement authorities.
Amendment 210 #
2016/0106(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Interoperability should be established between the EES and Eurodac by way of a direct communication channel between the Central Systems to allow the automatic transfer from the EES to Eurodac, in accordance with Article 11a, of the data of persons having exceeded the authorised period of stay.
Amendment 213 #
2016/0106(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) Interoperability should be ensured between the EES and the ETIAS information system by means of a direct communication channel between the central systems to enable border authorities using the EES to consult the ETIAS Central System, for the sole purpose of verifying that a visa-exempt third country national has valid travel authorisation as provided for in Regulation (EU) 2017/XXX establishing a European travel information and authorisation system. Interoperability should also enable the ETIAS Central System to access EES data for the purpose of checking, in accordance with Article 18(g) and (h) of Regulation (EU) 2017/XXX, whether a person requesting authorisation to travel is not, and has not been, reported as an overstayer or whether the person has been denied permission to enter the Schengen area.
Amendment 228 #
2016/0106(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In the fight against terrorist offences and other serious criminal offences, it is imperative that law enforcement authorities have the most up- to-date information if they are to perform their tasks. Access to VIS data for law enforcement purpose has already proven its usefulness in identifying people who died violently or for helping investigators to make substantial progress in cases related to human being trafficking, terrorism or drug trafficking. Access to the information contained in the EES is necessary to prevent, detect and investigate terrorist offences as referred to in Council Framework Decision 2002/475/JHA23 or other serious criminal offences as referred to in Council Framework Decision 2002/584/JHA24. The data generated by the EES may be used as an identity verification tool both in cases where the third country national has destroyed his/her documents and where law enforcement authorities are investigating a crime through the use of fingerprints or facial image and wish to establish an identity. It may also be used as a criminal intelligence tool to construct evidence by tracking the travel routes of a person suspected of having committed a crime or a victim of crime, and the history of the travel concerned. Therefore, the data in the EES should be available, to the designated authorities of the Member States and the European Police Office ('Europol'), subject to the conditions set out in this Regulation. _________________ 23 Council Framework Decision 2002/475/JHA of 13 June 2002 on combatting terrorism (OJ L 164, 22.6.2002 p. 6). 24 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member State (OJ L 190, 18.7.2002, p. 1)
Amendment 233 #
2016/0106(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Moreover, Europol plays a key role with respect to cooperation between Member States’ authorities in the field of cross-border crime investigation in supporting Union-wide crime prevention, analyses and investigation. Consequently, Europol should, as for the VIS and SIS, also have direct access to the EES within the framework of its tasks and in accordance with Council Decision 2009/371/JHA25. _________________ 25 Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).
Amendment 255 #
2016/0106(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) Access to data contained in the EES should in no circumstances be used by Member States as a ground to circumvent their international obligations under the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967, and should not be used to deny asylum seekers safe and effective legal avenues to Union territory to exercise their right to international protection.
Amendment 384 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) a National Uniform Interface (NUI) in each Member State based on common technical specifications and identical for all Member States enabling the connection of the Central System to the national border infrastructures in Member States; Member States’ national border infrastructures shall include as a minimum the Schengen Information System, Interpol’s SLTD database and Europol databases and the national databases of law enforcement authorities;
Amendment 385 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c a (new)
Article 6 – paragraph 1 – point c a (new)
(ca) a Secure Communication Channel between the EES Central System and the Eurodac Central System;
Amendment 386 #
2016/0106(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c b (new)
Article 6 – paragraph 1 – point c b (new)
(cb) a Secure Communication Channel between the EES Central System and the ETIAS Central System;
Amendment 390 #
2016/0106(COD)
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Article 7a Interoperability with Eurodac 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and the Eurodac Central System to enable interoperability between the EES and Eurodac. 2. In accordance with Article 11a, the interoperability requirement shall enable the automated transfer to the Eurodac system of a list generated by the EES and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay.
Amendment 391 #
2016/0106(COD)
Article 7b Interoperability with ETIAS. 1. eu-LISA shall establish a Secure Communication Channel between the EES Central System and the ETIAS Central System to enable interoperability between the EES and ETIAS. Direct consultation between the systems shall only be possible if both this Regulation and Regulation (EU) 2017/XXX (ETIAS) provide for it. 2. The interoperability requirement shall enable border authorities using the EES to consult the ETIAS Central System, in accordance with Article 41 of Regulation (EU) 2017/XXX (ETIAS), for the sole purpose of verifying that a visa exempt third country national has valid travel authorisation as provided for in Regulation 2017/XXX establishing a European travel information and authorisation system.
Amendment 405 #
2016/0106(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) inform the competent authorities of the authorised length of stay on entry and whether the number of authorised entries of the single or doubmultiple entry visas have been previously used;
Amendment 419 #
2016/0106(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. In accordance with Article 31, Member States shall be automatically informed three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 421 #
2016/0106(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11a Automated transfer of data to Eurodac A list generated by the EES on the basis of information retrieved by the mechanism provided for in Article 11, and containing the data referred to in Articles 14 and 15 of all persons having exceeded by more than 15 days the permitted length of stay, shall be automatically forwarded to the Eurodac Central System.
Amendment 493 #
2016/0106(COD)
Proposal for a regulation
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
For the sole purpose of identifying any third country national who may have been registered previously in the EES or Eurodac under a different identity or who does not or no longer fulfils the conditions for entry to, for stay or for residence on the territory of the Member States, the competent authorities for carrying out checks at external border crossing points in accordance with Regulation (EU) 2016/399 or within the territory of the Member States as to whether the conditions for entry to, stay or residence on the territory of the Member States are fulfilled shall have access to search with the biometric data of that third country national referred to in Articles 14(1)(f) and 15(1).
Amendment 498 #
2016/0106(COD)
Proposal for a regulation
Article 25 a (new)
Article 25 a (new)
Article 25a Access to data for the purpose of determining the Member State responsible for an asylum application For the sole purpose of determining the Member State responsible for a request for international protection, the competent authority as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to make searches in the EES with the aid of the data of that third country national referred to in Article 14(1) and Article 15(1)(a), (b) and (c). If the search performed with the aid of the data referred to in paragraph 1 indicates that the data of that third country national are recorded in the EES, the competent authority of the Member State concerned as referred to in Article 35(1) of Regulation (EU) No 604/2013 shall be authorised to access the data referred to in Article 14(1) and (2)(a) and (b) and Article 15(1)(a), (b) and (c) solely for the purposes referred to in paragraph 1.
Amendment 535 #
2016/0106(COD)
Proposal for a regulation
Article 29 – paragraph 2 – point b – paragraph 2
Article 29 – paragraph 2 – point b – paragraph 2
However, that prior search does not have to be conducted where there are reasonable grounds to believe that a comparison with the systems of the other Member States would not lead to the verification of the identity of the data subject or in exceptionally urgent cases where it is necessary to avert an imminent danger arising from a terrorist offence or other serious criminal offence. Those reasonable grounds shall be included in the electronic request for comparison with EES data sent by the designated authority to the central access point(s).
Amendment 555 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. Access to the EES as a criminal identification tool for the purpose of identifying an unknown suspect, perpetrator or suspected victim of a terrorist offence or other serious criminal offence shall be allowed when the conditions listed in paragraph 1 are met and the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned. Since fingerprint data of visa-holding third country nationals are only stored in the VIS, a request for consultation of the VIS on the same data subject may be submitted in parallel to a request for consultation of the EES in accordance with the conditions laid down in Decision 2008/633/JHA provided that the consultation, as a matter of priority, of the data stored in the databases which can technically and legally be accessed by Europol has not made it possible to verify the identity of the person concerned.
Amendment 556 #
2016/0106(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The conditions laid down in Article 29 (23) to (5) shall apply accordingly.
Amendment 573 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. If there is no exit record following the date of expiry of the authorised period of stay, the data shall be stored for a period of five years following the last day of the authorised stay. TIn accordance with the information mechanism provided for in Article 11, the EES shall automatically inform the Member States three months in advance of the scheduled deletion of data on overstayers in order for them to adopt the appropriate measures.
Amendment 581 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. By way of derogation to paragraphs (2) and (3), the entry/exit record(s) generated by third country nationals in their condition of family members of a Union citizen to whom Directive 2004/38/EC applies or of a national of a third country enjoying the right of free movement under Union law and who do not hold a residence card referred to under Directive 2004/38/EC, shall be stored in the EES for a maximum of one year after the last exit record. If there is no exit record, the data shall be stored for five years from the date of the last entry record.
Amendment 587 #
2016/0106(COD)
Proposal for a regulation
Article 31 – paragraph 5
Article 31 – paragraph 5
5. Upon expiry of the retention period referred to in paragraphs 1, 2, 3 and 24 such data shall automatically be erased from the Central System
Amendment 607 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 1
Article 34 – paragraph 1 – subparagraph 1
eu-LISA shall be responsible for the development of the Central System, the National Uniform Interfaces, the Communication Infrastructure and the Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System. It shall also be responsible for the development of the web service referred to in Article 12 in accordance with the specifications and conditions adopted in accordance with the examination procedure referred to in Article 61(2).
Amendment 610 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System and, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System, as well as the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the VIS deriving from the establishment of interoperability with the EES as well as from the implementation of the amendments to Regulation (EC) No 767/2008 referred to in Article 55.
Amendment 611 #
2016/0106(COD)
Proposal for a regulation
Article 34 – paragraph 1 – subparagraph 2
Article 34 – paragraph 1 – subparagraph 2
eu-LISA shall define the design of the physical architecture of the system including its Communication Infrastructure as well as the technical specifications and their evolution as regards the Central System, the Uniform Interfaces, the Secure Communication Channel between the EES Central System and the VIS Central System, between the EES Central System and the Eurodac Central System, and between the EES Central System and the ETIAS Central System, and the Communication Infrastructure, which shall be adopted by the Management Board, subject to a favourable opinion of the Commission. eu- LISA shall also implement any necessary adaptations to the VIS deriving from the establishment of interoperability with the EES as well as from the implementation of the amendments to Regulation (EC) No 767/2008 referred to in Article 55.
Amendment 23 #
2016/0002(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) Where, in connection with criminal proceedings, a Member State has knowledge of a conviction for acts of terrorism or of serious crime handed down in a third country against a third- country national, that Member State should be able to create an index-filter and transmit it to the other Member States so that they can take cognisance thereof.
Amendment 35 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – title
Article 4 a – title
Obligations of the convicting Member State or prosecuting Member State concerning convictions of third country nationals
Amendment 42 #
2016/0002(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Council Framework Decision 2009/315/JHA
Article 4 a – paragraph 2 a (new)
Article 4 a – paragraph 2 a (new)
2a. A Member State which, in connection with criminal proceedings, has knowledge of convictions for acts of terrorism or of serious crime handed down by one or more third countries against the third- country national against whom the criminal proceedings have been brought shall, in accordance with paragraph 2, create an index-filter and transmit it to the other Member States.
Amendment 5 #
2015/2353(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Considers that, in light of the unprecedented migratory emergency and increased security demands, the current ceilings of the MFF 2014-2020 – in particular heading 3 – have proven to be too tight; recalls that the Asylum, Migration and Integration Fund (AMIF) is already virtually exhausted; recalls that the available MFF flexibility mechanisms have already been extensively used;
Amendment 8 #
2015/2353(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 16 #
2015/2353(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to draft, as swiftly as possible, an up-to-date estimate of the budgetary resources that will be needed up to the end of the current MFF in order to meet all the challenges associated with migration pressure (rescue, interception, reception, registration, control, accommodation, transport, relocation, return and integration), the introduction of a genuine European asylum system, the common management of external borders and the internal security of the Schengen area;
Amendment 18 #
2015/2353(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the addition of a new chapter under heading 3 on providing emergency support within the Union; takes the opinion that the revision of the MFF must ensure that the future financing of this 'support' will be provided above the ceilings, while guaranteeing the flexibility needed in order to adapt the allocation of resources in line with developments on the ground and changes in policy priorities;
Amendment 19 #
2015/2353(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls for the AMIF to be revised and allocated more resources; stresses that the budget and staff of the European Asylum Support Office (EASO) mustagencies directly affected bey markedly increased to enable it to provide Member States with real support; believes that funds dedicated to search and rescue are erroneousigration pressure and involved in the internal security of the Schengen area - FRONTEX, EASO, EUROPOL and FRA - must be markedly includreased in the Internal Security Fund (ISF); calls for the establishment of a dedicated search and rescue fundorder to ensure that they can properly carry out their missions;
Amendment 21 #
2015/2353(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the Commission recently signed a Common Understanding with Member States on a three-billion-euro Facility for Refugees in Turkey, not counting any possible increases in funds; expresses concern about the establishment of financial instruments outside the EU budget as they threaten its unicity; stresses that these funds should provide direct support to refugees and host communities; calls on the Commission to establish a mechanism to monitor the use of these funds;
Amendment 29 #
2015/2353(INI)
Motion for a resolution
Paragraph 5 – introductory part
Paragraph 5 – introductory part
5. Considers that a review of the MFF in 2016 should take stock of a number of serious crises and new political initiatives, together with their respective budgetary consequences, which werecould not be anticipated at the time of the MFF’'s adoption; notes, inter alia, the migration and refugee crisis, external emergencies, internal security issues, the crisis in agriculture, the funding of the European Fund for Strategic Investments (EFSI), the persistent high level of unemployment, especially among young people, and the payment crisis in the EU budget; observes that, in order to finance the additional pressing needs, an unprecedented recourse to the MFF’'s flexibility mechanisms and special instruments was deemed necessary, as the MFF ceilings proved to be too tight in some headings; considers that, over the past two years, the MFF has essentially been pushed to its limits; in these conditions, the Budget of the European Union will be able neither to further address additional financial needs and new political priorities, nor to avoid the resurgence of a payment crisis;
Amendment 30 #
2015/2353(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 36 #
2015/2353(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Insists, in view of the ongoing dramatic situation that is at the root of migration flows and the absence of legal channels to enter the EU, that the Commission should propose an ambitious revision of the MFF by the end of 2016 that includes a clear assessment of the financial resources that will need to be provided above the current ceilings, and that it should ensure greater flexibility in allocating those resources.
Amendment 54 #
2015/2353(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Concludes that the activities planned by the Commission to cope with the migrant and refugee crmagnitude of the migrant and refugee crisis and the financial impact of the measures initiated by the Commission to address this issue could not have been foreseen at the time of the conclusion of the MFF 2014-2020; highlights the fact that owing to the lack of sufficient resources the EU has had to set up ad hoc, ‘satellite’ instruments such as EU trust funds, jointly financed by the Member States and by the EU budget, such as EU trust funds (the Madad Trust Fund and the EU Emergency Trust Fund for Africa) and the Refugee Facility for Turkey; stresses, however, that Member States have not yet delivered on their contribution pledges to the trust funds, thus undermining the success of those funds; calls on Member States to immediately fulfil their commitments to contribute, in order to be able to address the root causes of destabilisation, forced displacement and irregular migration by promoting economic and equal opportunities, strengthening resilience of vulnerable people, security and development; stresses, however, that the multiplication of such instruments creates a problem of accountability in the EU, which needs to be taken into account and analysed;
Amendment 84 #
2015/2353(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Underlines that while, according to the MFF regulation, the Global Margin for Commitments should be dedicated in priority to the Youth Employment Initiative, it has been mostly redirected, so far, to the European fund for Strategic Investments;
Amendment 98 #
2015/2353(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that the EU budget makes a significant contribution to the fight against unemployment, especially through the European Social Fund and the Youth Employment Initiative (YEI); stresses that despite the initial delays in the designation of national authorities and the implementation of the YEI, the current figures indicate full absorption capacity; notes that an evaluation of this initiative will soon be concluded, and expects that the necessary adjustments will be introduced to ensure its successful implementation and its extension to the mobility of apprentices;
Amendment 106 #
2015/2353(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Reminds that, according to the International Labour Organisation (ILO), an efficient Youth Guarantee at the European Union level would cost EUR 21 billion;
Amendment 109 #
2015/2353(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls the recent terrorist attacks in France and Belgium and the increased threat levels in other Member States, which call for more coordinated actions and reinforced actionmeans at EU level; underlines that the Union already has the Internal Security Fund as an appropriate instrument and has several agencies operating in this field; considers that more European action, and therefore funding, will be needed in this area to provide will be needed, as well as new initiatives, especially the enlargement of the missions and the reinforcement of the staff of the relevant adequate response to this threatgencies and the interconnection and interoperability of various European databases;
Amendment 117 #
2015/2353(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recalls the various crises that European farmers have faced since the beginning of the current MFF, most notably the dairy sector crisis and the long- term negative effects on European farmers of the losses caused by the Russian embargo on agricultural products; highlights the budgetary impact ofat the emergency measures taken in response to these crises, involving EUR 500 million in the budget 2016 and EUR 300 million in 2015, where financed from the margins in Heading 2; underlines the persistent situation of crisis in the agricultural sector in several Member States and is therefore of the opinion that future targeted measures are to be financed promptly and appropriately from within the EU budget; recalls that the crisis is an effect of the foreign policy decision taken by the EU, and Russia, and stresses therefore that further emergency measures should not be funded by the CAP;
Amendment 129 #
Amendment 130 #
2015/2353(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Underlines that the agreement reached on 12 December 2015 in Paris by the 196 parties to the UN Framework Convention on Climate Change is a universal, binding, dynamic and differentiated agreement aimed at facing the challenge of climate change; recalls that the EU successfully steered the efforts to reach the Paris Agreement; calls on the Commission to present its first evaluation of the possible impact of the COP21 agreement on the EU budget in due time for the revision, including an assessment on which climate change related action are being funded and whether these guarantee that the targets under the Paris Agreement will be met; calls, in this regard, on the Commission to guarantee that the mechanism of climate action mainstreaming is fully operationalized; further notices that under the Paris Agreement, EU funding needs to be allocated for supporting climate action in developing countries and asks the Commission to address it in the MFF review/revision;
Amendment 138 #
2015/2353(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Recalls the build-up over the previous (2007-2013) MFF of a backlog of unpaid bills, which rose from a ‘normal’ level of EUR 5 billion at end 2010 to unprecedented levels of EUR 11 billion at end 2011, EUR 16 billion at end 2012, and EUR 23.4 billion at end 2013; warns that this backlog has spilled over into the current (2014-2020) MFF, reaching an unprecedented peak of EUR 24.7 billion at the end of 2014; stresses that, at the insistent request of Parliament, a payment plan has been agreed with the aim of reducing the backlog of outstanding cohesion policy-related payment claims for 2007-2013 to EUR 2 billion by the end of 2016; points out that at least EUR 8.2 billion of unpaid bills were identified at the end of 2015 for 2007-2013 in the field of cohesion policy, a figure which is expected to fall below EUR 2 billion by the end of 2016; notes that this decrease provides merely temporary relief as it is only the result of submissions of payable claims for both the 2007-2013 and 2014-2020 programmes being less than announced; regrets that no action has been undertaken to address the ‘hidden backlog’ identified under other headings;
Amendment 150 #
2015/2353(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Notes, in particular, that the special instruments were mobilised to tackle the refugee and migration crisis (full amount of the Flexibility Instrument exhausted in 2016 - EUR 1 530 million; Emergency Aid Reserve in 2016 - EUR 150 million), the payments shortage problem (Contingency Margin activated in 2015 - EUR 3.16 billion), and the financing of the EFSI Guarantee Fund (full use of Global Margin for Commitments 2014 - EUR 543 million); recalls that the decision to mobilise the Contingency Margin in payments is coupled with a decrease in the payment ceilings for the years 2018 to 2020, at the same time when the payment needs should reach their normal peak and when payment ceilings will also face a stronger pressure with the cumulated impact of the slow start of programmes under shared management and of the Youth Employment Initiative, as well as the successful frontloading of COSME, Horizon 2020 and Erasmus + and the effect of frontloading in favour of Greece, notwithstanding the impact of the actions taken in the frame of the migration and refugee crisis;
Amendment 156 #
2015/2353(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls that the legislative flexibility, as enshrined in Point 17 of the Interinstitutional Agreement (IIA), allows for an increase in the overall envelope of programmes adopted by the ordinary legislative procedure of up to +/- 10 % over the seven-year period; notes that ‘new, objective, long-term circumstances’ allow the budgetary authority to depart even further from the original envelope; welcomes the fact that this provision has already been used to allow the Union to respond to unforeseen events by considerably increasing the original annual allocations of programmes such as AMIF;
Amendment 172 #
2015/2353(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Is convinced that, while fully confirming the notion of large-scale political and financial support for EFSI, the EU budget should not be financing new initiatives to the detriment of existing Union programmes and policies; intends to deliver on its commitment to fully offset the EFSI-related cuts affecting Horizon 2020 and CEF, in order to allow them to accomplish their objectives as agreed only two years ago and to allow the EU to reach its research and innovation targets; stresses that this compensation should not be proposed at the expense of other important programmes of the current MFF (in particular COSME, Galileo and Copernicus); considers that an upward revision of the ceilings under sub- Heading 1A is required;
Amendment 193 #
2015/2353(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Strongly supports the continuation of the Youth Employment Initiative (YEI), as a means of ensuring an urgent response in the fight against youth unemployment, following the necessary adjustments brought about by the ongoing evaluation; considers that this can only be achieved through the provision of an adequate level of commitment appropriations for the YEI for the remaining years of the current MFF; notereminds that this should entail an upwards revision of the ceilings of Subheading 1b, as no margins are availablee global margin for commitments, to be made available over and above the ceilings established in the MFF, should be directed, in priority, for youth employment;
Amendment 198 #
2015/2353(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Considers that the magnitude of the migration and refugee crisis goes to show that additional needs with significant budgetary consequences may be expected to arise in the coming years; asks the Commission to draw up as soon as possible an updated estimate of the budget required, by the end of the current MFF, to meet all the challenges of migration pressure (safe and rescue, interception, reception, registration, control, accommodation, transportation, relocation, resettlement, return, integration), the implementation of a genuine European asylum system, the common management of external borders and the internal security of the Schengen area; underlines, moreover, that the need for internal security in the EU and the fight against terrorism should be included in all the budgetary projections and are expected also to necessitate additional funding to back up reinforced action at EU level; is of the firm opinion that, even with the mobilisation of the small margins available under Heading 3 (Security and Citizenship) and existing flexibility provisions, the resources available will not be sufficient to tackle the increased needs under this heading; calls, therefore, for significant reinforcements for the AMIF and the Internal Security Fund, as well as for the Union agencies operating in the field, as well as (FRONTEX, EASO, EUROPOL, EU-LISA, FRA) to ensure the proper functioning of their missions and appropriate staffing levels, and urges for other initiatives that canwill be undertaken not to be funded at the expense of existing programmes and agencies; considers that an upward revision of the ceilings under Heading 3 is required;
Amendment 207 #
2015/2353(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Expects that concerted action to effectively respond to the external dimension of the migration and refugee crisis will intensify over the coming years, and will be accompanied by increased requests for funding under Heading 4 (Global Europe); underlines that such requests for additional funding should not be deployed to the detriment of the EU’s existing external action, including its development policy; calls, therefore, for a significant reinforcement of appropriationn upward revision of the ceilings under this hHeading 4;
Amendment 209 #
2015/2353(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Urges the Commission and Member States to ensure that funding mechanisms and budgetary lines reflect all 2030 Agenda commitments agreed to; calls on the EU and its Member States to re-commit without delay to the 0.7% of GNI target for ODA and submit a timeline on how to gradually increase ODA in order to reach the 0.7% by 2030;
Amendment 217 #
2015/2353(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. EReminds that payments appropriations are the orderly consequence of past commitments; expects, therefore, that new reinforcements in commitment appropriations will be accompanied by a corresponding increase in payment appropriations, includingand considers that an upward revision of the annual payments ceiling if necessarys required; considers, moreover, that the mid-term review/revision of the MFF provides an excellent opportunity to take stock of payment implementation and updated forecasts for the expected evolution of payments up to the end of the current MFF; believes that acalls for a binding joint payment plan for 2016-2020 shouldto be developed and agreed between the three institutions and enshrined in the Interinstitutional agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary matters and on sound financial management;
Amendment 224 #
2015/2353(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Is determined to settle in an unequivocal way the issue of budgeting the payments of the MFF special instruments; recalls the unresolved conflict of interpretation between the Commission and Parliament on the one hand, and the Council on the other, which has been in the forefront of the budgetary negotiations in recent years; notes that the Council's practice of considering the payments of these instruments within the ceiling, make them similar to simple budgetary transfers, which is not their function; reiterates its long-standing position that payment appropriations resulting from the mobilisation of special instruments in commitment appropriations should also be counted over and above the annual MFF payment ceilings;
Amendment 245 #
2015/2353(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Attaches particular importance to the Contingency Margin, as a last-resort instrument for reacting to unforeseen circumstances; stresses that, according to the Commission, this is the only special instrument that can be mobilised only for payment appropriations and thus to prevent a payment crisis in the EU budget as in 2014; deplores the fact that, contrary to the previous period, a compulsory offsetting of the appropriations is stipulated in the MFF Regulation; is of the firm opinion that this requirement creates an unsustainable situation with regard to the MFF ceilings of the last years of the period; stresses that the Contingency Margin is in any event a last- resort instrument, whose mobilisation is jointly agreed by the two arms of the budgetary authority; calls, therefore, for the rule of compulsory offsetting to be lifted immediately with retroactive effect, as well as for an upward revision of its maximum annual amount to 0.05% of EU GNI;
Amendment 248 #
2015/2353(INI)
Motion for a resolution
Paragraph 42 a (new)
Paragraph 42 a (new)
42a. Stresses that the rigid structure of the Union budget deprives the budgetary authority of the possibility of reacting adequately to changing circumstances; calls, therefore, for allowing the transfer of available margins between headings at qualified majority in Council, with the aim of fully exploiting the MFF ceilings;
Amendment 250 #
2015/2353(INI)
Motion for a resolution
Paragraph 42 b (new)
Paragraph 42 b (new)
42b. Welcomes the creation of an emergency support instrument within the European Union and takes note of the solution proposed by the Commission as a matter of urgency, while repeating its strong concerns as regards its exclusion from the decision-making process as well as the foreseen termination of this instrument by the end of 2018; Considers that a more sustainable legal and budgetary framework should be envisaged in order to allow for emergency aid within the Union to be mobilised in the future, meant at responding to crisis and unforeseen situations, should by its very nature be covered by special instruments and be counted outside the MFF; calls, consequently, for this instrument to be perpetuated in the form of a new MFF flexibility mechanism;
Amendment 259 #
2015/2353(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Believes that the mid-term review/revision provides for an excellent opportunity for the first-time assessment of the functioning of the EU policies and programmes concerned, and, impact, and where appropriate the tangible results, of the EU policies and programmes concerned, suggests the Commission to apply result- oriented framework in analysing how the EU funds are spent, expects the Commission to supply an analysis identifying the shortcomings of the current implementation system; and invites the Commission to come up with concrete proposals to address the possible deficiencies and to improve and rationalize the implementation environment for the remaining years of the current MFF, in order to ensure the besmost efficient possible use of scarce financial resources;
Amendment 292 #
2015/2353(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47a. Reminds that, at a time of scarcity of resources and erosion of the European citizens' confidence and belief in the EU project, it is important to show the added- value of EU budget delivery; believes that bringing the performance culture at the heart of the EU budget should constitute the roadmap of the inter-institutional working group on performance-based budgeting, which conclusions should be taken into account by the Commission in its legislative proposal for the post 2020 MFF, at the latest;
Amendment 293 #
2015/2353(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47b. Emphasizes that, where appropriate and in particular in innovation-focused programmes, performance and output-related assessment should become a key principle;
Amendment 307 #
2015/2353(INI)
Motion for a resolution
Paragraph 51
Paragraph 51
51. BInsists on the need to ensure the synchronisation with the EU institutional cycle, its democratic responsibility, accountability and popular legitimacy and believes that, also given the rapidly changing political environment and with a view to ensuring greater flexibility, some elements of the MFF should be agreed for five years while others, notably those related to programmes requiring longer- term programming and/or policies foreseeing complex procedures for the establishment of implementation systems, should be agreed for a period of 5+5 years with compulsory mid-term revisionand match with the duration of the European Parliament legislature;
Amendment 323 #
2015/2353(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Calls for the phasing-out of all forms of rebates and for the introduction of one or several new own resources, ideally with a clear link to European policies that create added value; notes that a large number of possible new own resources have already been discussed by the High Level Group, and eagerly awaits its recommendations;
Amendment 347 #
2015/2353(INI)
Motion for a resolution
Paragraph 60
Paragraph 60
Amendment 351 #
2015/2353(INI)
Motion for a resolution
Paragraph 60 a (new)
Paragraph 60 a (new)
60a. Follow up of the Addis Abeba "Third International Conference on Financing for Development" Notes that the Heads of State and Government and High Representatives, gathered in Addis Ababa from 13 to 16 July 2015 affirmed their strong political commitment to address the challenge of financing and creating an enabling environment at all levels for sustainable development to end poverty and hunger; Calls on the EU and its Member States to re-commit without delay to the 0,7% of GNI target for ODA and submit a timeline on how to gradually increase ODA in order to reach the 0,7% by 2030;
Amendment 357 #
2015/2353(INI)
Motion for a resolution
Paragraph 62
Paragraph 62
62. Calls on the Member States to reach a rapid agreement on the next MFF, and on the sectorial regulations accompanying the MFF, in order to allow all new programmes to start without delay on 1 January 2021;
Amendment 358 #
2015/2353(INI)
Motion for a resolution
Paragraph 62 a (new)
Paragraph 62 a (new)
62a. In addition, to better inform national parliaments and European citizens of the importance of programming approach, the European Parliament and the Commission should organize, when appropriate, an inter- institutional and inter-parliamentary conference in which the challenges of the next MFF will be exposed as well as the outline of the negotiations;
Amendment 24 #
2015/2344(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the declaration ‘Greater European Integration : the way forward’ signed by the Presidents of the Italian Camera dei deputati, the German Bundestag, the French National Assembly and Luxembourg’s Chamber of Deputies;
Amendment 31 #
2015/2344(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Treaty on European Union establishes the creation of the single market, and a European Monetary Union whose currency is the euro; whereas the European Monetary Union currently consists of 19 members, two of whomSingle Market consists of the 28 members of the EU and the European Monetary Union currently consists of 19 members; whereas all but two Member States are bound to join the euro; whereas the two Member States not bound to join the euro have ‘opt-outs’ clauses, the remaining seven EU Member States having yet to join;at are different in nature and scope as only the United Kingdom is not committed to join the euro whereas no financial liability will be incurred by the two countries with opt-outs from EMU in the framework of any fiscal capacity for the euro area;
Amendment 104 #
2015/2344(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Community method was abandoned in favour of intergovernmental agreements in order to allow for rapid responses in the crisis; whereas this has made the European Council the leading actor in the crisis, while the European Parliament and its national counterparts have been side-lined and the European Commission relegated to a role of secretariat of the European Council;
Amendment 154 #
2015/2344(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, against this background, that shortcomings have existed in the Economic and Monetary Union (EMU) since its inception under the Maastricht Treaty with the attribution of monetary policy to the European level, while budgetary policy remains within the competencies of the Member States and is only framed by provisions on light coordination of national policies; recalls that the Stability and Growth Pact is a necessary set of rules allowing Member States to share a single currency but is not, per se, a European economic policy;
Amendment 162 #
2015/2344(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes that during the creation of the euro, the choice was made not to have an economic government for the euro but a clear set of rules; notes that the rules have been systematically infringed; notes that, in the current institutional and political set-up, deprived of the necessary legitimacy, sanctions have never been and cannot be applied; deplores that, as a result, we neither have respect for the rules, nor the economic government to enforce them;
Amendment 174 #
2015/2344(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the introduction of the euro as a common currency has eliminated tried and tested policy options for counterbalancing asymmetric shocks such as exchange rate fluctuation; reiterates that the relinquishing of autonomy over monetary policy therefore requires alternative adjustment mechanisms to cope with asymmetric macroeconomic shocks in order to make the euro zone an optimal currency area able, inter alia, to implement a proper policy mix;
Amendment 176 #
2015/2344(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Notes that the creation of the Euro led to the establishment of a European Central Bank of federal essence; deplores that Member States did not draw the political and institutional consequences of the creation of a single currency by creating a democratic economic, budgetary and fiscal government for the Eurozone; is convinced that without a genuine Economic government the euro area will always be deprived of the necessary tools to implement a proper policy mix;
Amendment 210 #
2015/2344(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Points out that the crisis has proved that a common monetary policy without a common fiscal policy cannot address asymmetricmajor shocks to the euro area; reiterates that the mere coordination of national fiscal policies without credible enforcement mechanisms has not prevented an investment gap, has proved insufficient to trigger growth-enhancing, sustainable and socially balanced structural reforms and has not enhanced the national capacity to absorb economic shocks;
Amendment 298 #
2015/2344(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Takes the view that incentives for sound fiscal policymaking and for addressing structural weaknesses at national level, taking into account the aggregate euro area fiscal stance, are core elements for the functioning of the euro area; considers that a fiscal capacity should, moreover, address specific concerns forthat the role of a fiscal capacity should be to absorb shocks, support sound fiscal and macroeconomic policies at national level and provide the eEuro area in the case of absorbing shockszone with a fiscal backstop;
Amendment 316 #
2015/2344(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that a fiscal capacity must be created on top of and next to existing EU funding instruments, within itsthe EU legal framework, in order to ensure consistent developmentsynergies and complementarity between euro and non-euro Member States; stresses that, in the long run, genuine own resources in the form of taxation will have to abound a budget of the Eurozone; Such specific budget could go hand-in-hand with a transfer of competences exercised today at national level that could be best dealt with at Eurozone level;
Amendment 332 #
2015/2344(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that effective stabilisation of large euro area Member States or a group of closely economically intertwined countries requires sufficient resourcein order to access the fiscal capacity, Eurozone members will have to qualify for it and converge the way they did in the run-up to the euro; Notes that the creation of the fiscal capacity must go hand-in-hand with the democratisation and strengthening of the governance structure of the Eurozone as well as the harmonisation of national public accounts;
Amendment 371 #
2015/2344(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Argues in consequence that three pillars of a fiscal capacity should be distinguished, wherein action should be undertaken in the framework of a common toolbox to address the different functions, i.e. incentivising convergence and sustainable structural reforms, absorbing asymmetric shocks, and absorbing symmetric shocks; takes note of the various proposals regarding designs put forward on this matter by politicians and academia;
Amendment 396 #
2015/2344(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Demands that the ESM be integrated into the Union’'s legal framework and evolve towards a Community mechanism, as provided for in the ESM Treaty and as constantly requested by the European Parliament and foreseen in the Five Presidents’' report; underlines that the ECJ Pringle case-law and jurisprudence open up the possibility of bringing the ESM within the Union’'s framework, within the existing Treaties, on the basis of Article 352 TFEU; calls, therefore, on the Commission to bring forward as a matter of urgency a legislative proposal to that end; demands that the ESM be made fully accountable to the European Parliament;
Amendment 410 #
2015/2344(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the ESM, whilst fulfilling its ongoing tasks, to be further developed and turned into a European Monetary Fund (EMF) with adequate lending and borrowing capacities and a clearly defined mandate, including its contribution to a euro area fiscal capacity; stresses that an EMF should be managed by the Commission and held democraticallyto be further developed and consolidated into a fully- fledged European Monetary Fund (EMF) for countries in difficulties within the Euro area; stresses that, just like the ESM, an EMF should be held accountable by the European Parliament; emphasises that national parliaments would be involved in the process, given that their constitutional prerogatives regarding financial resources could be affected;
Amendment 429 #
2015/2344(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Insists that once it is integrated into Community law, thea fiscal capacity for the euro area should be integcoexist but be kept separated intofrom the EU budget, but over and above the ceilings of the Multiannual Financial Framework (MFF); underlines however that in no circumstances should the volume of the EU budget fall victim to the creation of budgetary capacity for the Eurozone;
Amendment 448 #
2015/2344(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that the EFSM and the existing balance of payment facility should be integrated into the same budgetary chapter as the ESM once the latter is integrated into Community law, therebyremain to providinge resources for financial assistance to countries outside the euro area but committed to joining on the basis of the agreed rules;;
Amendment 453 #
2015/2344(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 470 #
2015/2344(INI)
Motion for a resolution
Subheading 4
Subheading 4
Pillar 1: A convergence code to promote convergence and incentivise the implementation ofsupport structural reforms
Amendment 501 #
2015/2344(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Reiterates its call for the adoption of a ‘convergence code’, as a legal act resulting from the ordinary legislative procedure, to streamline the existing coordination of economic policies into a more effective convergence of economic policies within the European Semester;
Amendment 504 #
2015/2344(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 575 #
2015/2344(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Considers that a financial instrument is needed to work as an incentive-based mechanism for convergence and sustainable structural reforms with clear conditionality; believes that the Structural Reform Support Programme (SRSP), which is designed toreforms have a cost and that the fiscal capacity for the Eurozone should provide technicfinancial support to national authorities for measures aimed at reforming institutions, governance, administration, and economic and social sectors with a view to enhancing growth and jobs, can be further developed as a contribution to this function of the fiscal capacityfor structural reforms in line with the mutually agreed Convergence code;
Amendment 618 #
2015/2344(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Notes that the two models for the shock absorption function are featured most prominently in the academic literature: a Rainy Day Fund and a European Unemployment Benefit Scheme;
Amendment 634 #
2015/2344(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Points out that thea Rainy Day Fund should be funded by all thEurozone Member States on the basis of a cyclically sensitive economic indicator and used for payments to all Member States suffering from economic downturns; suggests that such fund should be managed by the EMF;
Amendment 648 #
2015/2344(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that the model of a European Unemployment Benefit Scheme would foster convergence of labour markets in the medium term; Notes that this option would require a Eurozone Treasury based on genuine own resources and the relevant transfer of competence to the Eurozone level;
Amendment 659 #
2015/2344(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 691 #
2015/2344(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Warns that future symmetric shocks could destabilise the euro area as a whole since the currency area is not endowed with the instruments to cope with another crisis of the extent of the previous one; is convinced that the right instrument to deal with symmetric shocks depends on the nature of the shock; recalls that the EMF shcould be used as an appropriate financial resource borrowing capacity;
Amendment 736 #
2015/2344(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
Amendment 757 #
2015/2344(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Stresses that the Communitya new federal method should prevail in the development of economic governance for the euro area; urges that no reinforcement of intergovernmental structures should take place in parallel with existing structures;
Amendment 763 #
2015/2344(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Calls urgently for the European Parliament and national parliaments to be given a strengthened role in the renewed economic governance framework in order to reinforce democratic accountability; calls for increased national ownership in the European Semester in order to improve compliance with the CSRa greater involvement of the national parliaments as long as national contributions are the basis of the fiscal capacity; notes that this participation will have to be phased out once genuine own resources in the form of taxation will be agreed on at Eurozone level; stresses, however, that a continued dialogue will have to take place between the European Parliament and the national parliaments;
Amendment 775 #
2015/2344(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Argues that national ownership could be improved by including national parliaments in the procedures, notably by formalising the inter-parliamentary conference foreseen by Article 13 of the Fiscal compact, following the integration of the latter within the EU legal framework; insists, however, that the competences of the EP and the national parliaments conferred upon these institutions by the Treaties should be respected and that mixing of these competences be avoided;
Amendment 797 #
2015/2344(INI)
Motion for a resolution
Paragraph 41
Paragraph 41
41. Considers that in order to provide for a genuine EMU, a euro area treasury should be created for collective decision- making, supervision and management of the budgetary capacity for the euro areain order to give the Euro area the capacity to borrow, spend and raise taxes; calls for the inclusion of this treasury within the European Commission with full macroeconomic, fiscal and financial competences; calls for a vice- president of the European Commission to head the treasury and simultaneously to act as president of the Eurogroup; urges full accountability of this treasury to the European Parliament;
Amendment 798 #
2015/2344(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Is convinced that the macroeconomic governance of the euro area should evolve towards a system of surveillance centred on a limited number of fiscal indicators with clear and simple rules; considers that a strong enforcement of these rules coupled with an ambitious fiscal capacity should allow for less intrusion from the European level into policy-making at national level; stresses that such an application of the subsidiarity principle would allow for a more credible and more democratic governance of the euro area, which would foster ownership by citizens;
Amendment 801 #
2015/2344(INI)
Motion for a resolution
Paragraph 41 b (new)
Paragraph 41 b (new)
41b. Notes that the European Parliament should review its internal organisation so as to allow an expression of these MEPs elected in the euro area;
Amendment 824 #
2015/2344(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Acknowledges thatReckons that given the current political climate characterised by deep inequality, mistrust and uncertainty is not conducive to properthe only way to reforms to achieve and complete EMU; believes, therefore, that a comprehensive roadmap, including clear milestones within an agreed timetable and taking into account the political situation, should be urgently adopted with a clear commitment by euro area Heads of State and Government to achieving a genuine and complete EMhe Eurozone is to discuss its future in an open and democratic way; notes that the only way to show citizens and economic actors we are serious about the future of the euro is to modify the European Union treaties; Therefore calls for the opening of a Convention in accordance with the article 48 TEU;
Amendment 6 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that the financial response to the exceptional influx of refugees has been an ad hoc one and has demonstrated that the Union budget and the multiannual financial framework (MFF) 2014-2020 lack the necessary resources and flexibility for a rapid and comprehensive approach to a major external crisis; emphasises the importance of tackling the root causes of the refugee and migrant movements;
Amendment 6 #
2015/2342(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. whereas thea humanitarian crisis is affecting more than 65.3 million ‘displaced’ persons1 means that the distinction betweenfleeing conflict and persecution; whereas movements of persons are often made up of people in need of international protection and migrants is becoming increasingly difficult to draw, and this generally complicates the situation; _________________ 1 http://www.unhcr.org/news/latest/2016/6/5 763b65a4/global-forced-displacement-hits- record-high.html
Amendment 10 #
2015/2342(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that the insufficient size of Heading 4 and the Emergency Aid Reserve in particular has ledRegrets that the Commission tois resorting itself to satellite budgetary mechanisms, such as trust funds and the Facility for Refugees in Turkey, to top up the funding available; notes that this aim has not always been met with full success and that it undermines the transparent management of the budget and hampers budget control measures;
Amendment 12 #
2015/2342(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 17 #
2015/2342(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. welcomes the reference in the Commission communication of 7 June 2016 to the need to adopt each new pact to suit the situation in each third country concerned; notes the will for these pacts to reflect the many-faceted nature of EU policy; therefore calls for the relevant committees at Parliament to be kept duly informed of the steps taken to conclude any new pact to enable Parliament to vote on the applicable instruments envisaged to suit the specific conditions of each third country concerned.
Amendment 20 #
2015/2342(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. stresses that, when justified by the situation in the third country concerned, the pacts should address, as soon as possible, the issue of resettlement or other legal channels for granting international protection within the EU;
Amendment 27 #
2015/2342(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes, however, the Commission proposal for a new European External Investment Plan, with a new focus on investment to promote economic and social development in the EU Neighbourhood and Africa; expresses doubts, however, as to whether the proposal is ambitious enough to fully harness the EU’s borrowing and lending potentialects that the investment plan will promote sustainable development without compromising human rights, climate change mitigation and good governance and that transparent management of the European Fund for Sustainable Development and its projects will be ensured;
Amendment 31 #
2015/2342(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the New York Declaration of 19 September 2016, and welcomes the will to seal two global compacts on refuges and migrants by 2018; calls on the EU to coordinate the involvement of the Member States in the drafting of these compacts; takes the view in this connection that the EU should prioritise stepping up global resettlement efforts, thereby ensuring that the international community takes its responsibilities in respect of resettlement needs worldwide; calls, therefore, for swift progress on the file on the EU framework for resettlement in order to maximise the EU’s influence in this area;
Amendment 36 #
2015/2342(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the Commission proposal on the revision of the MFF, in particular with regard to endowing the EU budget with larger crisis instruments; expects that the proposed revision of the financial rules to reconcile the necessary flexibility and accountabilitywill increase accountability and sound financial management.
Amendment 41 #
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 refugeeStresses that the fight against irregular migration must go hand-in- hand with the establishment and strengthening of legal migration channels; calls, therefore, on the European Union to open up legal and safe routes for migrants and refugees; recalls in this regard the position of the European Parliament, expressed in its resolution of 12 April 2016, that an EU resettlement scheme is required to find homes for a significant number of refugees, given global resettlement needs;
Amendment 59 #
2015/2342(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls for international protection to be provided to people fleeing conflicts, including through resettlement programmes and humanitarian visas; takes note of the Commission's proposal regarding the establishment of a Union framework on resettlement but calls for work to continue at EU level on the creation and strengthening of legal routes that would be complementary to resettlement;
Amendment 103 #
2015/2342(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Reiterates Parliament’s position, expressed in its resolution of 12 April 2016, favouring EU readmission agreements over bilateral agreements concluded by Member States with third countries; recalls the recent drafting of a new European document on returns, and stresses that its recognition should be systematically promoted in any new readmission agreement;
Amendment 114 #
2015/2342(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Expresses its concern aboutCalls for greater vigilance regarding the treatment of migrants who are sent back to their country of origin or to a third country; takes the view that any dialogue on return and readmission, particularly in respect of readmission agreements, should systematically address the issue of the safe return and reintegration of migrants;
Amendment 118 #
2015/2342(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Reiterates the importance of cooperation with third countries in the fight against human trafficking and smugglers in order that networks can be tackled as far upstream as possible; stresses in this regard the need to strengthen judicial and police cooperation with these countries in order to identify and dismantle the networks; recalls furthermore the need to build up the capacities of these countries so that they can pursue and sanction in an effective manner those responsible; calls therefore for cooperation between the European Union, the Member States, Europol, Eurojust and the third countries concerned to be encouraged;
Amendment 120 #
2015/2342(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. States that human-trafficking and smuggler networks make full use of the Internet in carrying out their criminal activities and it is therefore vital that the European Union steps up its action, particularly within Europol and the IRU, and its cooperation with third countries in this regard;
Amendment 122 #
2015/2342(INI)
Draft opinion
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Recalls to mind that traffickers may use legal migration routes to bring their victims to Europe; considers that the criteria third countries are required to meet prior to any visa liberalisation agreement with the European Union ought specifically to include cooperation by said third countries in combating human trafficking; calls on the Commission to pay special attention to both this issue and that of combating smugglers in all talks on negotiating these agreements;
Amendment 13 #
2015/2341(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4a. Note that the Trust fund for Africa was created following the Valetta Summit of African and European Heads of States or Governments on migration issues; calls on the Commission to provide the European Parliament with an overview of the concrete actions that followed this summit, notably in the field of development, fight against smugglers and the signature of return, readmission and reintegration agreements; calls the Council to provide the Commission with the necessary mandates to conclude such agreements with the countries concerned by the Trust fund;
Amendment 2 #
2015/2340(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. Whereas illegal migration flows increase the risks of trafficking since irregular migrants - by virtue of their vulnerability and clandestinity - are particularly at risk of being trafficked; whereas, among these migrants, unaccompanied minors - who account for a large share of the migrants arriving in Europe - are a target group for trafficking networks; whereas, according to Europol, 10 000 of them have already disappeared;
Amendment 3 #
2015/2340(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. Whereas, according to Europol, the spread of internet access throughout the world allows trafficking to flourish more in the online environment; whereas this brings new forms of recruitment and exploitation of victims;
Amendment 4 #
2015/2340(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. Whereas there is a link between the trafficking in migrants and trafficking in human beings; whereas people-trafficking networks rely, inter alia, on the internet to advertise their services to potential migrants;
Amendment 5 #
2015/2340(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. Whereas cooperation between Member States, Europol and the countries of origin and transit of trafficking victims is an essential tool in the fight against trafficking networks;
Amendment 14 #
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 investigation and prosecution of trafficking in human beings (THB)particular the countries of origin and transit of the victims of trafficking in human beings (THB), in the investigation and prosecution of 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; stresses the importance of the systematic exchange of data by Member States and their input into Europol's databases Focal Point Phoenix and Focal Point Twins;
Amendment 25 #
2015/2340(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that trafficking victims from third countries must be detected at the earliest possible stage in the network and that greater efforts must therefore be made at the borders to detect victims as they enter the EU; Urges the Commission and the Member States to ensure that law enforcement personnel, including agencies such as Frontex, are provided with adequate training in THB, with an emphasis on the special needs of trafficked women, children and other vulnerable groups and on how to provide incentives and adequate protection for victims of THB and for others to report traffickers; emphasises in this regard the importance of exchanges of best practices between the authorities of Member States in particular regarding the conduct of interviews at borders in the context of both legal migration (customs officers) and irregular migration (hotspots in particular); stresses also the need for border guards and coastguards to have access to Europol's databases;
Amendment 35 #
2015/2340(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle human trafficking;
Amendment 59 #
2015/2340(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes the view that trafficking victims have an essential role to play as witnesses in dismantling networks; stresses the importance of ensuring the effective protection of victims so that they can testify safely;
Amendment 68 #
2015/2340(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls that before concluding a visa liberalization agreement, the Commission assesses the risks posed by the third country concerned particularly with regard to illegal immigration; emphasises that the trafficking networks may also use legal channels for migration; asks the Commission therefore to include the effective cooperation of the relevant third countries with regard to trafficking among the criteria to be met for any visa liberalization agreement;
Amendment 77 #
2015/2340(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Calls on the Commission to evaluate the use of internet in the context of human trafficking, particularly as regards online sexual exploitation; requests that the fight against online trafficking be enhanced by Europol within the framework of the EU IRU (Internet Referral Unit) to detect, report and remove online material on trafficking;
Amendment 78 #
2015/2340(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Asks the Commission to adjust its cooperation with third countries to the new development of trafficking via the Internet; calls on the Commission and Europol to consider the possibilities of cooperation between the European anti- cybercrime bodies (especially in the framework of Europol) and those of third countries; requests also the Commission to consider all useful means of cooperation with Internet service providers to detect and combat trafficking-related online content; requests the Commission to keep Parliament duly informed;
Amendment 86 #
2015/2340(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Stresses that forced marriage can be seen as a form of trafficking in human beings if it contains an element of exploitation of the victim, and calls on all Member States to include this dimension; stresses that exploitation may be sexual (marital rape, forced prostitution and pornography) or economic (domestic work and forced begging), and that the ultimate aim of trafficking can be forced marriage (selling a victim as a spouse or entering a marriage under duress); recalls the potential transnational character of forced marriage; calls therefore on Member States to ensure that the national authorities in charge of migration are adequately trained in the issue of forced marriage in the context of trafficking; calls on the Commission also to strengthen the exchange of best practices in this regard;
Amendment 87 #
2015/2340(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e Commends the work of Europol, in particular through the Focal Point Twins to detect people travelling to third countries in order to commit child abuse; calls on Member States to cooperate with Europol by ensuring a systematic and rapid exchange of data;
Amendment 32 #
2015/2327(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that due to high level of administrative burden Erasmus+ funding can be unreachable for smaller organisations; believes that bureaucracy and reporting requirements should be simplified;
Amendment 33 #
2015/2327(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Regrets that the lengthy payment periods in Erasmus+ affects the possibilities of smaller organization to apply for funding;
Amendment 34 #
2015/2327(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Is of the opinion that volunteering should be considered eligible as a source of own contribution to the project budget as this facilitates the participation of smaller organizations; welcomes the CULT proposal in this regard;
Amendment 12 #
2015/2287(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Points out that the actions of the institutions and EU policies have to be based on participatory democracyrepresentative democracy as provided for in Article 10(1) TEU, thus ensuring compliance with the principles of full transparency, sharing, and informing citizens accurately and in good time; stresses that Article 10(3) TEU also provides for the right of every citizen ‘to participate in the democratic life of the Union’, thus recognising participatory democracy as one of the democratic principles of the Union;
Amendment 23 #
2015/2287(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the efforts made by the Union in terms of transparency and access to documents, including on the European institutions’ web portals; considers, in particular, that the accessibility of information should be improved by making interfaces and search systems easier to use; calls for search portals to be harmonised between institutions and between departments of the same institution (including Directorates- General in the Commission); calls also on the institutions to continue and strengthen the work of expanding knowledge of EU legislation and policies; believes that, to that end, the EU should make full use of the potential offered by new technologies (social networks, smartphone applications, etc.) in order to ensure complete and easy access to information;
Amendment 48 #
2015/2287(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Considers it regrettable that the revision of Regulation (EC) No 1049/2001 is stalled in the Council and hopes that progress will be achievedcalls on the latter to finalise its position as soon as possible;
Amendment 71 #
Amendment 73 #
2015/2287(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
Amendment 99 #
2015/2258(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Deplores, in this context, the fact that the review of the Athena mechanism has not produced tangible results, and calls on the Council to deliver quickly on this issue; points out that, under Article 43 of Council Decision 2011/871/CFSP of 19 December 2011 establishing the Athena mechanism, that decision and the annexes to it are subject to revision every three years and that, the last revision having taken place in the second half of 2011, a further revision in the second half of 2014 was required by law; supports, in particular, an expansion of the costs eligible under Athena, such as the pre- financing of certain costs or the strategic transport of EU battle groups; expects a final decision on these issues at the next European Council on defence;
Amendment 119 #
2015/2255(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. having regard to the important role that European employers’ federations and trade union can play in the struggle against social dumping;
Amendment 127 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the problem of social dumping stems mainly from cases of fraud in violation of the European legislation in force;
Amendment 128 #
2015/2255(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the scope for action on the part of the host Member State's labour inspectors is relatively limited in the context of the joint monitoring actions carried out when fraud is suspected (simple physical reinforcement, no possibility of taking statements);
Amendment 134 #
2015/2255(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas most Member States have not yet transposed Directive 2014/67/EU, even though the deadline is 18 June 2016;
Amendment 144 #
2015/2255(INI)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Calls on those Member States which have not yet done so to transpose Directive 2014/67/EU in order to ensure its effective application as soon as possible;
Amendment 210 #
2015/2255(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Ccalls for the creation of a European body of cross-border labour inspectors, composed of at least one expert per Member State seconded to EU level, subject to guarantees of their independence in relation to their Member State of origin, to carry out on-the-spot checks in suspected cases of social dumping, including by identifying 'letterbox companies', which body would work in coordination with the platform for combating undeclared work in order to limit the financial burden involved;
Amendment 222 #
2015/2255(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for the implementation by Member States of electronic systems for registering the prior declaration of posting missions; standardised databases to register prior declarations of posting missions; declarations should include the following information: a) General information concerning a worker or a self-employer worker: particulars of the worker or the self- employed worker, start and end dates of the posting, interim sector or construction sector, actual place of employment where services will be provided, particulars of the client or commissioner b) Specific and additional information concerning a worker particulars of the employer, worker’s working hours
Amendment 230 #
2015/2255(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to guarantee the interoperability of systems and direct access to said systems;
Amendment 260 #
2015/2255(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the view that the competent authorities should be able to suspend the provision of services in cases of serious breaches of legislation on postings; considers that the amount of the fines should exceed employees' contributions; calls on the Commission to submit a proposal to harmonise the minimum penalties for social fraud in connection with the posting of workers, so that, on the basis of the penalties imposed, an EU- wide list can be drawn up of companies found guilty of breaching the law in this area; calls on the Commission to assess the scope for broadening the remit of the future European Public Prosecutor's Office to cover social fraud;
Amendment 264 #
2015/2255(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 291 #
2015/2255(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. REmphasises the need to certify data concerning the payment of social security contributions in the Member State of origin; in that connection, recalls its appeal for the creation of 'a forgery-proof European social security card (...) on which could be stored all the data needed to verify the bearer’s employment relationship'11; wishes all the information associated with the worker's postings to feature on this card; in the meantime, calls on the Commission to immediately harmonise Form A1; __________________ 11 http://www.europarl.europa.eu/sides/getDo c.do?pubRef=-//EP//TEXT+TA+P7-TA- 2014-0012+0+DOC+XML+V0//FR
Amendment 296 #
2015/2255(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 135 #
2015/2254(INL)
Motion for a resolution
Recital G
Recital G
G. whereas a high degree of rule of law and independent effective justice systems play a key role in creating an investment-friendly environment, restoring confidence, providing greater regulatory predictability and sustainable growth;
Amendment 156 #
2015/2254(INL)
Motion for a resolution
Recital J
Recital J
J. whereas the failure of a candidate country to meet the required standards, values and democratic principles results in a delay of accession to the Union, while the failure of a Member State or an institution of the Union to meet those same standards has little consequence in practice;
Amendment 166 #
2015/2254(INL)
Motion for a resolution
Recital K
Recital K
K. whereas the obligations incumbent on candidate countries under the Copenhagen criteria continue to apply to the Member States after joining the Union by virtue of Article 2 TEU and the principle of sincere and loyal cooperation established in Article 4 TEU, and whereas all Member States should therefore be assessed on a regular basis in an objective and impartial manner in order to verify their continued compliance with the Union's common values to which they have fully subscribed;
Amendment 223 #
2015/2254(INL)
Motion for a resolution
Recital T a (new)
Recital T a (new)
Ta. whereas the subsidiarity principle cannot be invoked to reject any Union intervention to ensure Member State compliance with Treaty principles and values;
Amendment 225 #
2015/2254(INL)
Motion for a resolution
Recital T b (new)
Recital T b (new)
Tb. whereas action by the Union to ensure that the Member States and institutions abide by the values on which it is founded, and from which Europeans' rights are derived, is an essential condition for them to be part of the European project;
Amendment 231 #
2015/2254(INL)
Motion for a resolution
Recital U
Recital U
U. whereas recent developments in some Member States have shown it is urgent to revise and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;
Amendment 397 #
2015/2254(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that any financial implications of the requested proposals for the budget of the Union should be covered by the existing budgetary allocations; stresses that both for the EU and its Member States, as well as for citizens, the adoption and implementation of those proposals would lead to substantial cost and time savings, and willwould foster mutual confidence in and recognition of Member States' decisions and actions, and would thus be beneficial both in economic and social terms;
Amendment 488 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – indent 8 a (new)
Annex – Article 6 – indent 8 a (new)
– all resolutions or other relevant contributions by the European Parliament, including its annual report on the human rights situation in the European Union.
Amendment 530 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1 – indent 1
Annex – Article 9 – point 9.1 – indent 1
– one independent expert, acknowledged for his experience and commitment, designated by each Member State;
Amendment 535 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1 a (new)
Annex – Article 9 – point 9.1 a (new)
9.1a When appointing experts for the panel, account shall be taken of the need to ensure a proportional representation of different nationalities. In this regard, experts from the same Member State should not represent more than one-tenth of all members of the panel.
Amendment 541 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2 a (new)
Annex – Article 9 – point 9.2 a (new)
9.2a Prior to their appointment, the Commission shall verify the independence of each expert making up the panel and shall submit a report to the European Parliament. The relevant European Parliament committee may decide to interview any prospective panel experts should there be any doubt as to their independence.
Amendment 552 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – point 10.1
Annex – Article 10 – point 10.1
10.1 The indicators shall be reviewed annually andby the expert panel and, where necessary, further elaborated, refined, enriched and modified, where necessary, by common accord between the Commission, the Council and the European Parliament, following consultation with the national parliaments, experts and civil society.
Amendment 564 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 2
Annex – Article 11 – indent 2
– The DRF expert panel shall assess the data and information available and allocate green, yellow and red scores to each of the DRF indicators for each of the Member States orand institutions of the Union under scrutiny;
Amendment 576 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4 a (new)
Annex – Article 11 – indent 4 a (new)
– Should the Commission fail to adopt the scoreboard and country reports on time, the relevant European Parliament committee may formally call upon it to provide explanations for the delay and to adopt them forthwith so as to avoid further holdups.
Amendment 586 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall hold an inter-parliamentary debate on the basis of the DRF Scoreboard, and adopt a resolution with a view to formulating specific recommendations;
Amendment 613 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
12.2 On the basis of the DRF Scoreboard, if a Member State receives one or more yellow scores, the Commission shall, without delay, commence a dialogue with that Member State, building upon its Rule of Law Framework, taking into account the country-specific report.
Amendment 619 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
12.3 On the basis of the DRF Scoreboard, where a Member State receives one or more red scores, the Commission will, without delay, start a dialogue with that Member State, taking into account the country specific report.
Amendment 624 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
12.3.1 In case a Member State has red scores on more than one quarter of the indicators, or if it has red scores on one or more indicators over a period of at least two years, or if despite a dialogue with the Commission or an Article 7(1) procedure the number of red scores increases or remains constant, it will be considered that there is a serious and persistent breach of the values referred to in Article 2 TEUof the Treaty on European Union and that there are sufficient grounds for the invocation of Article 7(2) TEUof the Treaty on European Union. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made publically available.
Amendment 3 #
2015/2233(INI)
Draft opinion
Recital A
Recital A
A. whereas the Union is bound by the Charter of Fundamental Rights of the European Union (the Charter), including Article 7 thereof concerning the right to respect for private and family life and Article 8 thereof on the right to the protection of personal data, and by Article 16 of the Treaty on the Functioning of the European Union (TFEU) on the same fundamental right, as a key pillar of EU primary law which must be fully respected by all international agreements;
Amendment 6 #
2015/2233(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
Ca. whereas Article 31 of the Charter requires the Union to ensure fair and just working conditions;
Amendment 12 #
2015/2233(INI)
Draft opinion
Recital E a (new)
Recital E a (new)
Ea. whereas data flows are assuming growing importance for the economy and for international trade and whereas the increase in these flows must have as a corollary a greater effort by the Union to ensure its independence in the digital sphere and to develop cutting-edge expertise in the field of cybersecurity;
Amendment 13 #
2015/2233(INI)
Draft opinion
Recital E b (new)
Recital E b (new)
Eb. whereas the USA is a party to the negotiations on the future agreement; having regard to the recent judgment of the Court of Justice declaring the European Commission’s decision on Safe Harbour invalid;
Amendment 20 #
2015/2233(INI)
Draft opinion
Recital F a (new)
Recital F a (new)
Fa. whereas TiSA will entail movements of natural persons and whereas in this context all European citizens should be treated equally as regards access to the territory of the other parties to the agreement;
Amendment 22 #
2015/2233(INI)
Draft opinion
Recital F b (new)
Recital F b (new)
Fb. whereas the European Parliament will have the power to approve or reject the final agreement;
Amendment 43 #
2015/2233(INI)
Draft opinion
Paragraph 1 – point d a (new)
Paragraph 1 – point d a (new)
(da) to implement the recommendations of the European Parliament formulated in its resolution of 12 March 2014 concerning European independence in the fields of IT and cybersecurity in order to ensure optimal security of data flows;
Amendment 58 #
2015/2233(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the globalisation,having regard to servicification and digitalisation both ofin the globalisation process; whereas both globalisation and services are essential to our economies and tof international trade call for, and whereas they call therefore for integrated multilateral policy action to enhance international rules;
Amendment 60 #
2015/2233(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. having regard to the position of emerging countries in trade in services and the market opportunities represented by developing countries;
Amendment 62 #
2015/2233(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas multilateralism should be promoted as the framework for globalisation;
Amendment 131 #
2015/2233(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas the TiSA will involve movements of natural persons between the parties to the agreement and in this respect all European citizens must be treated equally regarding access to their respective territories;
Amendment 135 #
2015/2233(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas the European Parliament will have the power to approve or reject the final agreement;
Amendment 187 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point a – point v a (new)
Paragraph 1 – point a – point v a (new)
va. to ensure the inclusion of developing countries in the TiSA negotiations and safeguard the achievements of the Cotonou Partnership Agreement between the ACP and EU countries;
Amendment 243 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point ii a (new)
Paragraph 1 – point b – point ii a (new)
iia. to ensure that the agreement is not detrimental to developing countries;
Amendment 265 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point b – point v
Paragraph 1 – point b – point v
v. to undertake limited commitments in Mode 1 so as to avoid regulatory arbitrage and, social dumping; to ensure that European rules are fully respected when a company provides a service from abroad to European consumer and unfair competition; ensure that EU rules, including social and employment provisions, are fully respected when a company provides a service to European consumers from abroad; calls on all contracting parties to ratify and implement the principal standards of the International Labour Organization; urges all contracting parties to comply with OECD guidelines for multinationals;
Amendment 341 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point ii
Paragraph 1 – point c – point ii
ii. to acknowledge that data protection is not aand respect for privacy are not trade barriers, but a fundamental right, enshrined in Article 39 TEU and Articles 7 and 8 of the Charter of Fundamental Rights of the European Union, as well as in Article 12 of the Universal Declaration of Human Rights; to acknowledge that GATS Article XIV, which fully exempts the existing and future EU legal framework for the protection of personal data from these negotiations, will be replicated in the TiSA core text;
Amendment 372 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point c – point vi
Paragraph 1 – point c – point vi
vi. to ensure that the provisions of the final agreement are consistent with existing and future legislation at EU level, including the Connected Continent Package, the General Data Protection Regulation and the 16 measures embedded in the communication on the Digital Single Market; to safeguard net neutrality and to guarantee that the EU retains its ability to limit or even suspend the transfer of data from the EU to third countries where the rules of the third party do not meet EU adequacy standards and where alternative avenues, such as binding corporate rules or standard contractual clauses, are not used by companies;
Amendment 402 #
2015/2233(INI)
Motion for a resolution
Paragraph 1 – point d – point ii a (new)
Paragraph 1 – point d – point ii a (new)
iia. to ensure that the agreement does not jeopardise the mobility of workers in developing countries not participating in the agreement but providing services in the area covered by the agreement;
Amendment 2 #
2015/2229(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention on the Rights of the Child and to the European Parliament resolution of 27 November 2014 on the 25th anniversary of the UN Convention on the Rights of the Child,
Amendment 10 #
2015/2229(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Council conclusions of 5 December 2014 on the promotion and protection of children's rights,
Amendment 41 #
2015/2229(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in 2014 an estimated 230 million children currently living in countries and areas affected by armed conflicts are exposed to extreme violence, trauma, forcibly recruited and deliberately targeted by violent groups;
Amendment 162 #
2015/2229(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Strongly underlines the importance of systematically assessing the implementation of the EU Guidelines on Human Rights, including the implementation of the EU Guidelines for the Promotion and Protection of the Rights of the Child, by using well-defined benchmarks; considers that, in order to ensure proper implementation of the Guidelines, further measures aimed at raising awareness of their content among EEAS and EU Delegation staff must be taken;
Amendment 179 #
2015/2229(INI)
Motion for a resolution
Paragraph 39
Paragraph 39
39. Deplores the fact that the proper implementation of legal frameworks for the protection of minorities remains a challenge, as stated in the Commission’s Enlargement Strategy for 2014-2015; invites the enlargement countries to step up their efforts to forge a culture of acceptance of minorities through, for example, improved inclusion of minorities in the education system with a special focus on Roma children;
Amendment 272 #
2015/2229(INI)
Motion for a resolution
Paragraph 54
Paragraph 54
54. Reiterates its full support for the EU’s strong engagement in promoting the advancement of human rights and democratic principles through cooperation with the structures of the United Nations and its specialised agencies, the Council of Europe, the Organisation for Security and Cooperation in Europe and the Organisation for Economic Cooperation and Development, in line with Articles 21 and 220 TEU; welcomes therefore the adoption of the Sustainable Development Goals;
Amendment 348 #
2015/2229(INI)
Motion for a resolution
Paragraph 68
Paragraph 68
68. Recalls that the 2014 Sakharov Prize was awarded to Dr Denis Mukwege for his strong engagement with victims of sexual violence and continuous promotion of women’s rights; strongly condemns all forms of abuse and violence against women and girls, including female genital mutilation, child marriage and other forms of harmful traditional practices;
Amendment 355 #
2015/2229(INI)
Motion for a resolution
Paragraph 69 c (new)
Paragraph 69 c (new)
69c. Strongly condemns the continued use of rape against women and girls as a weapon of war; stresses that more needs to be done to ensure respect of international law and access to health and psychological care for women and girls abused in conflicts; calls on the EU, the Member States, international organisations, and civil society to increase cooperation to raise awareness and combat impunity;
Amendment 366 #
2015/2229(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Welcomes the Council conclusions on the promotion and protection of the rights of the child, adopted in December 2014, and calls for the EU to continue supporting partner countries in combatting all forms of violence against children and reinforcing their capacities to protect children’s rights; welcomes the global roll-out in 2014 of the EU-UNICEF Child Rights Toolkit reaffirming the EU's commitment to mainstream children's rights in all sectors and policies;
Amendment 374 #
2015/2229(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates its request for the Commission to propose a comprehensive Child Rights Strategy and Action Plan for the next five years, supporting the EU’s efforts to promote children’s rights, namely by contributing to ensuring children’s access to water, sanitation, healthcare and education, as well as by eliminating child labour and assisting children in armed conflicts; commends the "Children No Soldiers" campaign and calls on the EU and Member States to step up their support in order to reach the target of ending the recruitment and use of children in conflicts by government armed forces by 2016.
Amendment 376 #
2015/2229(INI)
Motion for a resolution
Paragraph 73 b (new)
Paragraph 73 b (new)
73 b. Underlines that children are particularly vulnerable in the current refugee and migrant crisis and especially when unaccompanied and that conflicts and instability have uprooted millions of children across several countries around Europe; calls on the Member States to take into account the best interest of the child in all procedures and ensure protection for children and particularly access to safe water, food, health care and education;
Amendment 8 #
2015/2147(INI)
Draft opinion
Paragraph 1 – point 1 (new)
Paragraph 1 – point 1 (new)
(1) Stresses the need for an effective partnership approach and information exchange between law enforcement agencies, judicial authorities, the ICT industry, Internet Service Providers (ISPs), the banking sector and non- governmental organisations to ensure the rights and the protection of children on internet considered as vulnerable person in law;
Amendment 9 #
2015/2147(INI)
Draft opinion
Paragraph 1 – point 2 (new)
Paragraph 1 – point 2 (new)
(2) Welcomes the European Strategy for a Better Internet for Children presented in May 2012 and the CEO coalition to make the Internet a better place for kids launched in December 2011. Calls on the Commission to pursue its works with member states and companies to create a safe environment for children.
Amendment 23 #
2015/2147(INI)
Draft opinion
Paragraph 2 – subparagraph 1 (new)
Paragraph 2 – subparagraph 1 (new)
Welcomes the creation within Europol of the European Union Internet Referral Unit (EU IRU) in charge of identifying and referring relevant online content towards concerned internet service providers and supporting Member States with operational and strategic analysis. Encourage national referral units and internet service providers to cooperate closely with Europol in the fight against illegal content on the Internet.
Amendment 41 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a harmonised EU response with a view to ensuring a high level of cybersecurity; welcomes the establishment of a European Cybercrime Centre (EC3) within Europol which is the focal point in the EU's fight against cybercrime, contributing to faster reactions in the event of cyber attacks; believes that providing security on the internet means protecting networks and critical infrastructure, the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, and the use of the necessary data to fight crime online and offline; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data;
Amendment 42 #
2015/2147(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights the fact that the fast-growing number of attacks on networks and acts of cybercrime calls for a harmonised EU response with a view to ensuring a high level of cybersecurity; believes that providing security on the internet means protecting networks and critical infrastructure, the ability of law enforcement agencies to fight criminality, including terrorism, radicalisation and child pornography, and the use of the necessary data to fight crime online and offline; stresses that security, thus defined, is necessary to reinforce trust in digital services and the processing of personal data; urges the Commission to present a legislative proposal in order to reinforce the mandate of the European Cybercrime Centre notably by facilitating the exchanges between Europol and private companies;
Amendment 1 #
2015/2132(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the increase of the Asylum, Migration and Integration Fund (AMIF) by 31,2% in commitments and 35% in payments compared with 2015; considers that this increase adds to the need to ensure a fair and transparent distribution of annual funding between the different objectives of AMIF; considers itprograms and objectives on which it is necessary to establish new separate budget lines covering the four specific objectives of AMIF and one new budget line for the urgent relocation mechanism;.
Amendment 12 #
2015/2132(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that the relevant JHA agencies should not be subject to reduction or redeployment of staff; believes that EASO requires additional staff to fulfil its increasing obligations particularly with regard to the urgent relocation mechanisms;moreover, is convinced that further appropriations are required for relevant JHA agencies, especially those in charge of increased responsibilities in the areas of international protection, fight against terrorism and smuggling of migrants and control of external borders including search and rescue activities in the Mediterranean sea.
Amendment 16 #
2015/2132(BUD)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 5 #
2015/2129(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
– having regard to the European Strategy for a Better Internet for Children (COM(2012) 196, and having regard to the Commission report of 6 June 2016, entitled ‘Final evaluation of the multi- annual EU programme on protecting children using the Internet and other communication technologies (Safer Internet)’ (COM(2016) 364),
Amendment 69 #
2015/2129(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Emphasises the need for those Member States which have not yet done so to criminalise not only online grooming, but also cyberstalking and luring children online. The term cyberstalking refers to a situation in which adults communicate online with a minor or a person they believe to be a minor for the purpose of subsequently committing a crime against that person;
Amendment 73 #
2015/2129(INI)
8. Underlines the importance of implementing Article 17 (3) in order to ensure that the Member States have jurisdiction over offences committed by means of information and communication technology (ICT) accessed from their territory whether or not it is based on their territory; emphasises the need to develop the practical basis for a common EU approach to the issue of jurisdiction in cyberspace, as pointed out at the informal meeting of justice and home affairs ministers held on 26 January 2016;
Amendment 83 #
2015/2129(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Expresses concern at the use by internet service providers of carrier-grade network address translation technologies (NAT CGN) which make it possible for several users to share a single IP address at the same time, jeopardising online security and liability; calls on the Member States to encourage internet service providers and network operators to take the steps needed to limit the number of users per IP address, phase out the use of CGN technologies and make the investment required to introduce as a matter of urgency the next generation of internet protocol addresses (version 6 - IPv6);
Amendment 84 #
2015/2129(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 89 #
2015/2129(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Member States to step up their police and judicial cooperation to combat the trafficking and smuggling of migrant children, who are particularly vulnerable to abuse, trafficking and sexual exploitation, especially girls; calls for an enhanced exchange of information among authorities to trace missing children and for the interoperability of data bases; calls for a unit dealing with missing migrant children to be set up within Europol;
Amendment 100 #
2015/2129(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Encourages the Member States to share best practices on educational materials and training programmes for all the actors involved, such as teachers, educators and law enforcement authorities, to raise awareness of grooming and other risks to the safety of children online, in particular for girls; urges the Member States to include in the compulsory school curriculum a programme designed to make children aware of the dangers of the internet and encourage them to report incidents which they witness or of which they are victims, in particular via the hot lines set up specifically for them;
Amendment 102 #
2015/2129(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on service providers to step up their efforts to raise awareness of the risks inherent in going online, in particular for children, by developing interactive tools and information materials;
Amendment 116 #
2015/2129(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Member States to fully implement Directive 2012/29/EU on the rights of the victims of crime, to adopt specific measures to protect child victims and to share best practices to ensure that children receive proper assistance and support throughout the entirety of criminal proceedings and thereafter; calls on the Member States to conduct campaigns to promote support for child victims and improve the provision of telephone hot lines for children;
Amendment 8 #
2015/2126(BUD)
Proposal for a decision
Recital 2
Recital 2
(2) After having examined all possibilities for re-allocating appropriations under the expenditure ceiling Security and Citizenship (heading 3) and exhausted the unallocated margin, the Commission proposes to mobilise EUR 123 966 69850 000 000 through the Flexibility Instrument to complement the financing in the general budget of the European Union for the financial year 2016, beyond the expenditure ceiling of heading 3, of a set of temporary measures in the area of asylum to help relieve the immediate and exceptional pressure on asylum and migration systems of Italy and Greece. The total cost of those measures for the year 2016 is estimated at EUR 150 000 000. Further appropriations are required for JHA European agencies, especially those in charge of increased responsibilities in the areas of international protection, fight against terrorism and migrants smuggling and control of external borders including search and rescue activities in the Mediterranean sea,
Amendment 12 #
2015/2126(BUD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
For the general budget of the European Union for the financial year 2016, the Flexibility Instrument shall be used to increase by EUR 123 966 69850 000 000 commitment appropriations above the expenditure ceiling of the heading Security and Citizenship (heading 3).
Amendment 17 #
2015/2126(BUD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
That amount shall be used to complement the financing of a set of temporary measures in the area of asylum to help relieve the immediate and exceptional pressure on asylum and migration systems of Italy and Greece. as foreseen in the Council Decision 2015/... establishing provisional measures in the area of international protection for the benefit of Italy and Greece+. The remainder of that amount shall also be used to finance an increase in the budget and staff of the JHA European agencies, especially those in charge of increased responsibilities in the areas of international protection, fight against terrorism and migrants smuggling and control of external borders including search and rescue activities in the Mediterranean sea. _________________________ + Footnote to the OJ to be inserted.
Amendment 12 #
2015/2121(BUD)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Asks the Commission to carry out, in the context of the mid-term review of the Multiannual Financial Framework, an evaluation, as precisely as possible, of the needs of the Asylum, Migration and Integration Fund until 2020; asks the Commission to make a proposal for an adequate increase and, as it occurs, an adjusted distribution of funding between the different programs and methods of implementation of the Fund, following the revision of the financial perspectives;
Amendment 13 #
2015/2121(BUD)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Expresses its intention to modify the budget nomenclature of the Asylum, Migration and Integration Fund in the interests of transparency and better control of the allocation of the annual appropriations between programs and means of implementation of the fund, as specified in Regulation (EU) No 516/20141 ; ____________ 1In accordance with Regulation No (EU) No 516/2014, the amount of global resources allocated to the Asylum, Migration and Integration Fund for 2014- 2020 is EUR 3 137 million. This amount is allocated as follows: a.EUR 2 392 million for national programs (Article 19); b.EUR 360 million for specific actions listed in Annex II (Article 16), the resettlement programs (Article 17), the transfers (Article 18); c.EUR 385 million for the action of the Union (Article 20), emergency aid (Article 21), the European Migration Network (Article 22), technical assistance (Article 23). The current budget nomenclature doesn't correspond in any way to this allocation.)
Amendment 19 #
2015/2121(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the relevant agencies should not be subject to reduction or redeployment of staff; stresses that, given the large number of arrivals on the Union’s southern shores and the increasing role EASO has to play in the management of the asylum, in particular its support for Members States in the programme of resettlement and relocation, the proposal to increase EASO staff by only 4 is clearly insufficient;
Amendment 12 #
2015/2118(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas under Directive 2011/36/EU the following intentional acts are punishable: the recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation; whereas the own-initiative report on which this opinion is based is limited to an analysis of the implementation of Directive 2011/36/EU;
Amendment 13 #
2015/2118(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas trafficking in human beings is transnational in nature; whereas a European approach, both in monitoring the phenomenon and in coordinating responses to it, is needed in order to effectively tackle this type of organised crime;
Amendment 22 #
2015/2118(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas the exploitation of others for sex shows should be considered trafficking in human beings;
Amendment 23 #
2015/2118(INI)
Draft opinion
Recital D b (new)
Recital D b (new)
Db. whereas new technologies and the internet can facilitate the recruitment of victims and the advertising and selling of services connected with trafficking in human beings on a global scale;
Amendment 50 #
2015/2118(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Member States to establish asmake it a criminal offence theo knowingly use of trafficked services and exploitation; in accordance with Article 2(3) the term exploitation covers, as a minimum, sexual exploitation or the exploitation of the prostitution of others, forced labour or services (including begging, slavery and exploitation of criminal activities) and the removal of organs;
Amendment 58 #
2015/2118(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses that the cumulative effect of different types of discrimination on the grounds of sexual orientation or gender identity makes LGBTI people particularly vulnerable to trafficking in human beings; calls on the Member States to address the unique needs of LGBTI people; calls on the Commission to promote the exchange of best practices in this regard;
Amendment 61 #
2015/2118(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Stresses that forced marriage can be seen as a form of trafficking in human beings if it contains an element of exploitation of the victim, and calls on all Member States to include this dimension; stresses that exploitation may be sexual (marital rape, forced prostitution and pornography) or economic (domestic work and forced begging), and that the ultimate aim of trafficking can be forced marriage (selling a victim as a spouse or entering a marriage under duress); stresses that it is difficult for the authorities to detect such trafficking as it takes place in the private sphere; calls on the Member States to provide appropriate refuge services for these victims; calls on the Commission to strengthen the exchange of best practices in this regard;
Amendment 64 #
2015/2118(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Is concerned at the growing phenomenon of sexual grooming; points out that the victims are often in a state of emotional dependence, which hinders investigative work as they are less easily identified as victims of trafficking in human beings and often refuse to testify against the person grooming them; calls on the Commission to strengthen the exchange of best practices in this regard; calls on the Member States to provide a specific refuge for these victims and to ensure that law enforcement and judicial services recognise their status as victims, in particular if they are minors, so as to avoid stigmatising them for ‘deviant behaviour’;
Amendment 66 #
2015/2118(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Stresses that many victims of sexual exploitation are drugged for the purpose of keeping them in a state of physical and psychological dependence; calls, therefore, on the Member States to provide specialised support programmes for these victims and to recognise this as an aggravating circumstance in their criminal justice response to trafficking in human beings;
Amendment 68 #
2015/2118(INI)
Draft opinion
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Recalls that Regulation 2015/2219/EU on the European Union Agency for Law Enforcement Training (CEPOL) provides for CEPOL to promote, in its training activities, common respect for, and understanding of, fundamental rights in law enforcement, such as the rights, support and protection of victims, including safeguarding the rights of victims of gender-based violence; stresses the importance of these provisions in the context of trafficking in human beings, given the vulnerability of the victims, and calls on CEPOL to take full account of this dimension in the development of all future training;
Amendment 76 #
2015/2118(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CNotes that Directive 2011/36/EU prohibits the criminalisation of victims of trafficking in human beings; calls on the Commission to come forward with proposals that create consistency in EU legislation, to ensure that victims of THB are entitled to proper support and assistance; calls on the Commission to strengthen the exchange of best practices on protection of victims;
Amendment 81 #
2015/2118(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on all Member States to effectively guarantee the rights of victims, in particular by providing access to legal aid, legal assistance and psychological and medical support, including the right to an abortion for victims of sexual exploitation; notes that Directive 2012/29/EU lays down minimum standards on the rights, support and protection of victims of crime and that the implementation of Directive 2011/36/EU should be analysed in the light of the provisions of Directive 2012/29/EU;
Amendment 84 #
2015/2118(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Commission to assess the effectiveness of cooperation between the Member States and Europol in combating trafficking in human beings; stresses the importance of systematic exchange of data and of all Member States contributing to the European databases used for this purpose, including the Europol databases Focal Point Phoenix and Focal Point Twins; stresses the need for border guards and coast guards have access to Europol databases;
Amendment 87 #
2015/2118(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to investigate further, in the light of Directive 2011/36/EU, the role of the internet, social networks and new technologies in trafficking in human beings, in particular with regard to sexual exploitation on pornographic sites and sites offering online sex shows;
Amendment 89 #
2015/2118(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on Europol and the Member States to strengthen their action against recruiters, whether via a proactive approach or on the basis of a victim’s testimony in accordance with Article 9 of Directive 2011/36/EU; stresses that recruiters use a variety of channels, including social networks and internet sites (online recruitment agencies); calls on the Commission to expand the mandate of Europol’s EU IRU (EU Internet Referral Unit) in the fight against trafficking in human beings;
Amendment 90 #
2015/2118(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Commission to develop a privileged partnership with the major internet companies and to keep Parliament duly informed;
Amendment 93 #
2015/2118(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for better implementation and monitoring of Article 8 of the directive, so as to ensure the non-prosecution and non- application of penalties to victims of THB, and emphasises that this includes the non- application of penalties for persons in forced prostitution and non-punishment for irregular entry or residence in countries of transit and destination;
Amendment 107 #
2015/2118(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to assess the need to review the mandate of the future European Public Prosecutor’s Office to include powers, once established, to tackle trafficking in beings;
Amendment 15 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. whereas the primary goal of organised crime is profit; whereas law enforcement must therefore have the capacity to turn the spotlight on the financing of organised crime, often inherently linked to corruption, fraud, counterfeiting and smuggling;
Amendment 17 #
2015/2110(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Points out the need for a multidisciplinary approach to prevent and combat organised crime effectively; stresses in this regard the role of the European crime prevention network and the need to give it financial support;
Amendment 24 #
2015/2110(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Reminds the Commission that it should report on the progress made in implementing the EU Action Plan on Drugs (2013-2016); calls on the Commission to propose on that basis a new action plan for the period 2017-2020;
Amendment 26 #
2015/2110(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Recalls that with respect to trafficking in human beings the European Union has established a specific legal and political framework to optimise cooperation and make trafficking a priority for bodies and agencies such as Europol and Eurojust; welcomes the conclusions of the first report on progress made in the fight against trafficking in human beings; calls on the Commission to draw up, on that basis and as rapidly as possible, a strategy for the post-2016 period;
Amendment 60 #
2015/2110(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Welcomes the presentation by the Commission of an action plan against illicit trafficking in and use of firearms and explosives; insists on the need to implement this action plan without delay;
Amendment 62 #
2015/2110(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Calls on the Member States to systematically exchange all data deemed necessary and relevant concerning persons linked with organised crime held in the Europol and Schengen Information System databases so as to allow real-time analysis and the conduct of cross-border operations;
Amendment 63 #
2015/2110(INI)
Motion for a resolution
Paragraph 9 c (new)
Paragraph 9 c (new)
9c. Calls on the Member States to systematically exchange all PNR data deemed necessary and relevant concerning persons linked with organised crime;
Amendment 90 #
2015/2095(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas the on-going refugee crisis has highlighted the disproportionate responsibilities placed on certain Member States situated on the external borders of the European Union and the need to establish a sharing of responsibilities with regards to the reception of asylum seekers as well as the management of the EU external border;
Amendment 102 #
2015/2095(INI)
Motion for a resolution
Recital G
Recital G
G. whereas migrant smuggling, trafficking and labour exploitation are distinct legal phenomena, tackled by distinct legal frameworks at the EU and international level, requiring properly targeted responses, while often overlapping in practice; and whereas criminal smuggling and trafficking networks can change their modus operandi very quickly, thus requiring rapidly adapted responses based on the most recent and accurate data; Whereas efforts to counter the smuggling of migrants should not affect those that are providing humanitarian assistance to irregular migrants;
Amendment 113 #
2015/2095(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the creation of safe and legal routes to the EU for both asylum seekers and economic migrants is the most efficient way to fight smugglers and save lives;
Amendment 202 #
2015/2095(INI)
Motion for a resolution
Recital U a (new)
Recital U a (new)
U a. whereas EASO disposes of a staff of 75 people, which is very limited with regards to the number of tasks it has to accomplish;
Amendment 211 #
2015/2095(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
V a. whereas the multifaceted character of the internal and external aspects of the migratory policy necessitates a coordinated and concerted approach by all affected European actors; whereas all affected commissioners and their respective administrations should ensure that all necessary efforts are being made to increase their cooperation in order to ensure a coherent and efficient migratory policy on the European level;
Amendment 278 #
2015/2095(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that an effective guardianship and a child-sensitive protection systems are key to preventing abuse, neglect and exploitation of children deprived of parental care; stresses the importance of defining EU guidelines for an harmonized guardianship systems aimed at providing adequate support and protection and at granting that foreign and national children are treated equally;
Amendment 294 #
2015/2095(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Underlines that efforts should be made to enhance the capacities of Member States to investigate and prosecute migrant smuggling networks notably through stronger coordination between law enforcement and judiciary structures in the European Union and the sharing of information between Member States and with EU Agencies;
Amendment 410 #
2015/2095(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the opinion that, in addition toNotes the criteria contained in the Relocation Decisions, namely the GDP of the Member State, the population of the Member State, the unemployment rate in the Member State, and the past numbers of asylum seekers in the Member State, consideration should be given to two other criteria, namely, the size of the territory of the Member State and the population density of the Member State;
Amendment 504 #
2015/2095(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Supports the creation, in the framework of the reforms of the Visa Code, of a humanitarian visa which should allow its holder to enter into the territory of the Member State that has issued it for the sole purpose of asking for international protection in accordance with definitions of article 2(a) of the directive 2011/95/EU;
Amendment 519 #
2015/2095(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Regrets the existence of strong disparities between Member States with regards to the recognition rates for asylum requests, the lengths of the procedures and the access to education, social rights and the labour market; Recommends therefore a revision of the asylum procedures directive with a view to increase the harmonisation between Member States of the reception conditions, the procedural deadlines, access to education, the labour market and social rights;
Amendment 520 #
2015/2095(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Calls for an increased sharing of best practices within the field of reception conditions and asylum procedures and suggests in this context to make use especially of the experience within local and regional authorities;
Amendment 547 #
2015/2095(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Observes that the operation of the Dublin III Regulation10 has raised many questions linked to fairness and solidarity in the allocation of the Member State responsible for examining an application for international protection; notes that the current system does not take into sufficient consideration the particular migratory pressure faced by Member States situated at the Union’s external borders; believes that the European UnionMember States needs to accept the on-going difficulties with the Dublin logic, and tohat the European Union should develop options for solidarity both among its Member States and the migrants concerned; __________________ 10 Regulation (EU) No 604/2013 of the European Parliament and of the Council of 26 June 2013 establishing the criteria and mechanisms for determining the Member State responsible for examining an application for international protection lodged in one of the Member States by a third-country national or a stateless person (recast) (OJ L 180, 29.6.2013, p. 31).
Amendment 555 #
2015/2095(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Points out that the pressure placed on the system – as established by the Dublin Regulation – by the rising number of migrants arriving in the Union has shown that, as implemented, the system has largely failed to achieve its two primary goals of establishing objective and fair criteria for allocation of responsibility and of providing swift access to international protection; Further points out that these failures have been present also before the current crisis and that the effects have only been exacerbated by it;
Amendment 594 #
2015/2095(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Points out that one option forConsiders that a fundamental overhaul of the Dublin system wshould binclude tohe establishment of 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; suggestconsiders 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 Statefunction on the basis of a number of Union ‘hotspots’ from where Union distribution should principally take place; Considers thave met their own thresholds,t the same rules which cwould conceivably help in deterring secondary movements,apply for distribution for asn all Member States would be fully involvpplication submitted in a hot spot should be applied inf the centralised system anasylum seeker has travelled nto longer have individual responsibility for allocation of applicants to other Member States; believea country where there are no hot spots in order to submit his or her application; considers thus that suchan a system could function on the basis of a number of Union ‘hotspots’ from where Union distribution should take placelum seeker should not be able to affect the chances of a particular Member State examining his or her application by travelling there in order to submit the application; 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 602 #
2015/2095(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Considers that a transitional period should be introduced in the system to distribute asylum seekers between Member States in order to give Member States that have not historically been the primary destinations for asylum seekers a chance to ensure good standards with regards to inter alia reception facilities and administrative capacities related to the provision of asylum procedures with full respect of European and international law; Suggests that such a transitional period should imply that these countries would gradually take on the full responsibility for receiving asylum seekers foreseen by the repartition key;
Amendment 659 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40 a. Notes that an inclusive society should be built with the participation of all the actors involved in that society and therefore suggests that even though integration is a competence of the Member States the exchange of best practices in the field of integration is strengthened, inter alia through the creation of a network for the sharing of best practices and relevant data at the local level;
Amendment 660 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40 b. Calls on the European Commission to organise an annual Structured Dialogue on Integration together with the European Committee of the Regions with a view to draw up, review, and update guidelines for local and regional authorities across the continent in order to ensure smooth integration;
Amendment 661 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 c (new)
Paragraph 40 c (new)
40 c. Underlines that integration can be enhanced through reception policies for asylum-seekers which promote social inclusion, rather than isolation and separation from host communities; recalls the key role local and regional authorities play in this regard, and thus, calls on Member States to resource local and regional authorities appropriately according to their needs and to allow for their contribution to sharing best practices at EU level;
Amendment 662 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 d (new)
Paragraph 40 d (new)
40 d. Considers that language, accommodation and employment are vital for integration; Considers therefore that language training should be provided upon commencement of the asylum procedure, unless it is reasonably foreseen that the asylum-seeker will stay in the country for a period not exceeding a few weeks, as it facilitates the active participation of children in school, is important for accessing employment in the host country and may also be a valuable additional asset upon return home;
Amendment 663 #
2015/2095(INI)
Motion for a resolution
Paragraph 40 e (new)
Paragraph 40 e (new)
40 e. Underlines the large number of minors among the migrants; insists on the importance of ensuring a maximum level of continuity in their schooling when arriving on the European territory; recalls that this constitutes a vital condition for their wellbeing and their integration in their new environment;
Amendment 746 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. Understands that the safe return of those people who, following an individual assessment of their asylum application, are determined not to be eligible for protection in the Union is something that must be carried out as part of the proper implementation of the CEAS; in this regard, welcomes the EU action plan on returns;
Amendment 756 #
2015/2095(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Acknowledges that, in the light of the fact that, in 2014, only 36 % of third country nationals who were ordered to leave the Union were effectively returned, there is a need to improve the effectiveness of the Union’s return system; Considers that in order to ensure a better execution of return decisions they should as far as possible be conducted at a European level with operational assistance provided by Frontex;
Amendment 762 #
2015/2095(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Considers that in order to increase the efficiency of readmissions, and in order to ensure the coherence of returns at a European level, it will be necessary to favour European readmission agreements over bilateral agreements between Member States and third countries; considers that the conclusion and implementation of those agreements will require high level political dialogues and conditional development funding to support the reintegration of returnees in their countries of origin;
Amendment 774 #
2015/2095(INI)
Motion for a resolution
Paragraph 50
Paragraph 50
50. Believes that the return of migrants should only be carried out safely, in full compliance with the fundamental and procedural rights of the migrants in question, and where the country to which they are being returned is safe for them; reiterates, in that regard, that voluntary return should be prioritised over forced returns; Believes that where forced returns take place, all the Member states need to perform an effective return monitoring according to Art.8 (6) of the Return Directive;
Amendment 780 #
2015/2095(INI)
Motion for a resolution
Paragraph 50 a (new)
Paragraph 50 a (new)
50 a. Notes that there is no EU policy or legal framework protecting the basic rights of persons who are not removed; regrets that the safeguards set forth in article 14(1) of the Return Directive for non-removed persons do not cover all rights and apply only if removal is formally postponed; calls on EU institutions and Member States to address the situation of migrants in an irregular situation who have been given a return decision but who have not been removed and to provide for a mechanism to put an end to situations of legal limbo that derive from protracted situations of non- removability;
Amendment 803 #
2015/2095(INI)
Motion for a resolution
Paragraph 52
Paragraph 52
52. Acknowledges that the main purpose of the recent Commission proposal for a Union list of safe countries of origin, amending the Asylum Procedures Directive13 is to more efficiently distinguish migrants who are in clear need of international protection and therefore more likely to succeed in their asylum applications from those who are leaving their country for other reasons which do not fall under the right of asylum; observes that if such a Union list would become obligatory for Member States it could, in principle, be an important tool for facilitating the asylum process, including return; __________________ 13 Directive 2013/32/EU of the European Parliament and of the Council of 26 June 2013 on common procedures for granting and withdrawing international protection (OJ L180, 29.6.2013, p. 60).
Amendment 807 #
2015/2095(INI)
Motion for a resolution
Paragraph 52 a (new)
Paragraph 52 a (new)
52 a. Considers that for the establishment of a European list of safe countries of origin to effectively meets its objectives and arrive at a faster treatment of asylum requests, it would be appropriate to revise the asylum procedures directive in order to harmonise the procedural deadlines of the accelerated procedures between different Member States.
Amendment 819 #
2015/2095(INI)
Motion for a resolution
Paragraph 53 a (new)
Paragraph 53 a (new)
53 a. Considers that the establishment of a list of safe countries of origin of the Union should progressively put an end to national lists of safe countries of origin, except with regards to exceptional cases encountered by a Member State.
Amendment 871 #
2015/2095(INI)
Motion for a resolution
Paragraph 61
Paragraph 61
61. Understands thatWelcomes the recently proposed European Border and Coast Guard is intended to replace Frontex and which is meant to ensure a European integrated border management at the external borders with a view to managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein; Underlines in that regard that Member States which have a frontline role and external border with third countries, but which are not part of the Schengen area, must also be able to participate and benefit from the establishment of the European Border and Coast Guard on equal footing with the Schengen area Member States;
Amendment 874 #
2015/2095(INI)
Motion for a resolution
Paragraph 61 a (new)
Paragraph 61 a (new)
61 a. Notes that the capacity of Frontex to deal with possible violations of fundamental rights should be strengthened in the context of expanding its role under EU law; Believes that Frontex should deal with individual complaints regarding infringements of fundamental rights in the course of its operations and should provide adequate administrative support for that purpose; calls on Frontex to set up an appropriate complaints mechanism, including within the framework of its working arrangements concluded with the competent authorities of third countries;
Amendment 885 #
2015/2095(INI)
Motion for a resolution
Paragraph 63
Paragraph 63
63. Recalls that, since the establishment of the Schengen Area, the Union is an area without internal borders, that the Schengen Member States have developed a step-by- step common policy towards the Schengen external borders, and that the inherent logic of such a system has always been that the abolishment of internal border controls has to go hand in hand with compensatory measures strengthening the external borders of the Schengen Area and the mandatory and systematic sharing of information through the Schengen Information System (‘SIS’) including on return decisions;
Amendment 931 #
2015/2095(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70 a. Calls on the Commission to ensure an effective cooperation between these agencies; and ensure that they have concluded operational agreements enabling them to ensure effective, proportionate and justified exchange of data;
Amendment 934 #
2015/2095(INI)
Motion for a resolution
Paragraph 71
Paragraph 71
71. Points out, in that regard, that the Union agencies require the resources necessary to allow them to fulfil their assigned tasks; calls on the Commission to provide updated and consolidated information on the needs of the agencies; asks the Commission to propose a medium and long term strategy regarding the actions of the agencies in the field of justice and home affairs: objectives, tasks, coordination, Hotspots and financial resources; insists that the Union agencies and the Member States keep the Parliament fully informed of work undertaken at the hotspots;
Amendment 941 #
2015/2095(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Notes that both of the Relocation Decisions provide for operational support at the hotspots to be provided to Italy and Greece for the screening and fingerprinting of migrants when they first arrive, registration of their application for international protection, provision of information to applicants on relocation, organisation of return operations for those who did not apply for international protection and are not otherwise entitled to remain or those who applied unsuccessfully, and the facilitation of all steps involved in the relocation procedure itself;
Amendment 962 #
2015/2095(INI)
Motion for a resolution
Paragraph 74
Paragraph 74
74. Recognises that one of the main purposes of hotspots is to allow the Union to grant protection and humanitarian assistance in a swift manner to those in need; emphasises that great care needs to be taken to ensure that the categorising of migrants at hotspots is carried out in full respect for the fundamental rights of all migrants in cooperation with the relevant agencies and national Human Rights institutions; acknowledges, however, that proper identification of applicants for international protection at the point of first arrival in the Union should help facilitate the overall functioning of any reformed CEAS;
Amendment 980 #
2015/2095(INI)
Motion for a resolution
Paragraph 77
Paragraph 77
77. Notes thatCalls on the Commission is considering a revision ofto revise Council Directive 2002/90/EC defining the facilitation of unauthorised entry, transit and residence; takes the view that anyone who provides different forms of humanitarian assistance to those in need should not be criminalised and that Union law should reflect that principle; notes that some of the Facilitation directive´s provisions, including the definition of "facilitation of stay" creates divergences and grey areas which are deterring humanitarian actors from providing assistance;
Amendment 1073 #
2015/2095(INI)
Motion for a resolution
Paragraph 89
Paragraph 89
89. Reaffirms that the Union must adopt a long-term strategy to help counteract the ‘push factors’ in third countries (persecution, conflict, generalised violence or extreme poverty), which force people into the hands of criminal smuggling networks, which they see as their only chance to reach the Union; Underlines that this work should be done with the inclusion of NGOs and civil society organisations working in the field;
Amendment 1094 #
2015/2095(INI)
Motion for a resolution
Paragraph 92
Paragraph 92
92. Understands that, in the long term, greater impetus is needed in solving the geo-political issues that affect the root causes of migration, as war, poverty, corruption, hunger and a lack of opportunities means that people will still feel forced to flee to Europe unless Europe looks at how to help re-build those countries; points out that this means that the Commission and the Member States must put up the money to help build capacity in third countries, such as by facilitating investment and education, strengthening and enforcing asylum systems, helping to manage borders better, and reinforcing legal and judicial systems there; calls therefore on Member States to achieve the level of 0.7% of GNI in development assistance as soon as possible;
Amendment 1106 #
2015/2095(INI)
Motion for a resolution
Paragraph 94
Paragraph 94
94. WelcomNotes the recently established Emergency Trust Fund for Africasetting-up of the Union Regional Trust Fund in Response to the Syrian Crisis and of the EUR 1.8 billion pledged to the fundmergency Trust Fund for Africa, which has added an additional element to third- country funding; calls onurges the Member States to continue contributing to the fundstand by their promises and contribute to these funds; reminds that the above funds were created in response to the lack of flexibility and funding in the EU budget;
Amendment 1110 #
2015/2095(INI)
Motion for a resolution
Paragraph 94 a (new)
Paragraph 94 a (new)
94a. Calls on each Member State to take on its share in the package of the EUR 3 billion Refugee Facility for Turkey; raises however the question of how the Union contribution should be made available within the respective ceilings of the Union budget for 2016 and 2017;
Amendment 1120 #
2015/2095(INI)
Motion for a resolution
Paragraph 96
Paragraph 96
96. Notes that the Union’s migration policy is implemented through different policy instruments, each having its own objectives, which are not necessarily interlinked, and that there is insufficient coordination of funding between the multiple actors involved; points out that the fragmentation of budget lines and responsibilities creates a management structure that could make it difficult to provide a comprehensive overview on how the different funds available are allocated and ultimately used; considers it essential to keep a close eye on the use made of all funding related to immigration, in particular with regard to contracting and subcontracting procedures, in view of a number of instances of fraud and mismanagement that have occurred in the Member States; points out, furthermore, that such fragmentation makes it harder to quantify how much the Union spends overall on migration policy;
Amendment 1126 #
2015/2095(INI)
Motion for a resolution
Paragraph 97
Paragraph 97
97. Is of the opinion that such a comprehensive overview of Union funding related to migration, both within and outside the Union must be provided, as the absence of such an overview is a clear obstacle to transparency and sound policymaking; notes, in that regard, that one possible option could be a website or an annual report comprising a database of all Union funded projects related to migration policy; underlines that the need for transparency also extends to budget lines in order to ensure adequate funding for all objectives of Union migration policy;
Amendment 1134 #
2015/2095(INI)
Motion for a resolution
Paragraph 98
Paragraph 98
98. Welcomes the additional funding made available in the Union’s budget for 2016 to start to deal with the current migration phenomenamobilisation of significant budgetary means spread over 2015 and 2016 to address the migration and refugee crisis; pPoints out that most of that new funding represents funding under the 2014-2020 Multiannual Financial Framework ('MFF), which has been brought forward, with the result that the Union is spending toda') and that the whole available envelop for the flexibility instrument in 2016 and the entirety of its 2014 and 2015 unused portions were mobilised for this purpose; highlights accordingly wthat was intended to be spent tomorrowlonger-term solutions should be sought, not only in the annual budgetary procedure, but also in the upcoming mid-term revision of the MFF;
Amendment 1135 #
2015/2095(INI)
Motion for a resolution
Paragraph 99 a (new)
Paragraph 99 a (new)
99a. Calls on the Commission to provide as accurate an assessment as possible of the appropriations needed for the AMIF over the period to 2020 and, on that basis, to present a proposal for an increase in the heading 3 appropriations and, if necessary, an adjusted allocation among the various implementing programmes in the context of the revision of the multiannual financial framework, due by the end of 2016; stresses also the need for such funding to have genuine European added value rather than simply supporting existing national programmes;
Amendment 1146 #
2015/2095(INI)
Motion for a resolution
Paragraph 102
Paragraph 102
102. Points out that securing operational funding is a key challenge for NGOs as most funding is project-related; affirms that volunteer and civil-society initiatives dedicated to providing assistance to migrants should be promoted and, where appropriate, funded by the Commission and the Member States; calls on the Member States and the Commission to seek, where appropriate and possible, to fund projects managed by civil society organisations working in the areas of migration, integration and asylum; draws in this respect the attention to the positive role that projects intended to increase the understanding of the public with regards to migratory flows and in particular the positive impact that migrants can have on the economy and their new environment;
Amendment 1200 #
2015/2095(INI)
Motion for a resolution
Paragraph 111 a (new)
Paragraph 111 a (new)
111a. Underlines that the policy of the European Union in the area of legal economic migration should in no case be based on a brain drain from developing countries; recalls that such a phenomena would deprive these countries of the talents which are necessary for their development; is of the opinion that migratory flows can play a positive role for development and that it is necessary to promote circular migration in order to allow these persons to also be actors for development within their countries of origin;
Amendment 1212 #
2015/2095(INI)
Motion for a resolution
Paragraph 113 a (new)
Paragraph 113 a (new)
113a. Calls on the Commission, on the basis of an assessment report, to formulate recommendations to improve Eurosur;
Amendment 9 #
2015/2074(BUD)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the fact that the Commission Draft General Budget of the European Union for the financial year 2016 reinforces those priorities and proposes to step up EU support for investment, knowledge, jobs and growth-orientated programmes, and in particular for an emblematic mobility programme such as Erasmus+; will pay particular attention to reducing inequalities between apprenticeships and higher education in Europe, notably through ensuring equal access to mobility; is satisfied that, in addition to duly expected increases throughout Heading 3 (Security and Citizenship) and Heading 4 (Global Europe), the Commission is taking up the challenge of responding to new developments such as the crises in Ukraine, Syria and the Mediterranean by responding to the EU's and Member States' needs in the area of security and migration and by demonstrating strong political will in the field of external action and budgetary commitment towards countries of origin and transit;
Amendment 23 #
2015/2074(BUD)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the EU Draft Budget for 2016 amounts to EUR 153.5 billion in commitment appropriations (including EUR 4.5 billion reprogrammed from 2014) and EUR 143.5 billion in payment appropriations; points out that, disregarding the effect of the reprogramming in 2015 and 2016, this corresponds to an increase of +2.4% in commitments and +1.6% in payments as compared to the 2015 budget; stresses that these are overall moderate increases following the path set by the MFF, accounting for inflation represent almost no increase in real terms, which stresses on the importance of the efficiency and effectiveness of the spending;
Amendment 32 #
2015/2074(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that the EU Draft Budget reflects the joint statement on a payment plan 2015-2016 agreed between Parliament, the Council and the Commission following the shared diagnosis and commitment entered into by the three institutions to reduce this backlog; recalls that, according to the Commission's estimations, the payment appropriations requested in the Draft Budget would bring the total backlog of unpaid bills down to a sustainable level of approximately EUR 2 billion for the cohesion programmes 2007-2013, and would also reduce the abnormal backlog in other headings; consequently undertakes to fully support the Commission proposal and expects the Council to respect its commitments in this regard;
Amendment 35 #
2015/2074(BUD)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that Parliament and, the Council and the Commission have committed to avoiding the future build-up of an unsustainable backlog of outstanding payment claims at year's end, while fully respecting and implementing the agreements reached as part of the multiannual financial framework and of the annual budgetary procedures; invites the CommissionReiterates the need, in this regard, to closely and actively monitor the development of this backlog; In this vein, recalls to the Commission its agreement, in the joint statement on a payment plan, to develop its medium- and long-term forecasting tools and to set up an early warning system by early 2016, with the aim to present these first payment forecasts in July, so that the budgetary authority can take duly informed decisions in the future;
Amendment 82 #
2015/2074(BUD)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Recalls that, with programmes expected to reach full swing, with the integration of new major initiatives in the areas of investment and migration, with the opportunity to settle issues of the past such as payments and special instruments, and with the first activation of new MFF provisions such as the global margin for commitments, the 2016 budgetary procedure will be a test case for the assessment of the current MFF, which will culminate in the process of review/revision to be launched next year; reminds the Commission of its legal obligation to present a review of the functioning of the MFF by the end of 2016 and reiterates its call on the Commission to accompany this budgetary review by a legislative proposal for the revision of regulation No 1311/2013 laying down the MFF 2014- 2020;
Amendment 1 #
2015/2063(INI)
Motion for a resolution
Citation 1
Citation 1
– having regard to Articles 2, 3, 5, 6, 8, 10 and 21 of the Treaty on European Union and to Articles 4, 16, 67, 68, 70, 71, 72, 75, 82, 83, 84, 85, 86, 87 and 88 of the Treaty on the Functioning of the European Union,
Amendment 6 #
2015/2063(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the Revised EU Strategy for Combating Radicalisation and Recruitment to Terrorism, adopted by the Justice and Home Affairs Council at its meeting on 19 May 2014 and approved by the Council of the European Union of 5 and 6 June 2014 (doc. 9956/14).
Amendment 8 #
2015/2063(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the JHA Council of 12 and 13 March 2015, (At this meeting, the Ministers decided to set up within Europol a European unit tasked with flagging content on the internet).
Amendment 9 #
2015/2063(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the additional protocol to the Council of Europe Convention on the Prevention of Terrorism and the Council of Europe’s action plan on the fight against violent extremism and radicalisation leading to terrorism adopted on 19 May 2015.
Amendment 12 #
2015/2063(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
- having regard to its resolution of 11 February 2015 on anti-terrorism measures
Amendment 34 #
2015/2063(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the recent terrorist attacks in Brussels, Paris, Copenhagen and Tunis in early 2015 , Sousse and Isère highlight the security threat which is posed by the presence and movement of these foreign fighters in Europe; whereas the European Union has condemned these attacks in the strongest terms and has committed itself to combat terrorism alongside the Member States;
Amendment 47 #
2015/2063(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas terrorist radicalisation within the Union must not be perceived as being systemically linked to religious considerations;
Amendment 53 #
2015/2063(INI)
Motion for a resolution
Recital C
Recital C
C. whereas combating terrorism and preventing the radicalisation and recruitment of European citizens by terrorist organisations still falls essentially within the sphere of competence of the Member States, but whereas a concerted European approach is necessary to harmoniseand represents real added value, particularly with a view to coordinating the policies of the Member States on this matter, reinforcing the exchange of information, identifying good practices, developing new ideas and harmonising the legislation that applies in an area where European citizens are free to move;.
Amendment 66 #
2015/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of instruments already exist in Europe to address the radicalisation of European citizens and whereas the European Union and its Member States should show they are making full use of these; whereas, given the increasing significance of terrorist radicalisation, which is in total contradiction with European values, new means must be implemented, and this must take place in compliance with the Charter of Fundamental Rights;
Amendment 67 #
2015/2063(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a number of instruments already exist in Europe to address the terrorist radicalisation of European citizens and whereas the European Union and its Member States should show they are making full use of these;
Amendment 75 #
2015/2063(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the extent to which the state assumes responsibility for the risk of terrorist radicalisation can vary greatly from one Member State to another; whereas, while some Member States have already taken effective measures, others are lagging behind in their action to tackle this phenomenon;
Amendment 85 #
2015/2063(INI)
Motion for a resolution
Recital F
Recital F
F. whereas European action is required as a matter of urgency to prevent the terrorist radicalisation and recruitment of European citizens in order to contain this growing phenomenon so as to stem the flow of departures by European citizens to conflict zones and prevent other terrorist acts from being committed on European soilwithin or beyond the EU territory;
Amendment 109 #
2015/2063(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas the rise of terrorism and foreign fighters has increased the intolerance towards ethnic and religious communities in several countries in Europe; considering that a holistic approach to fight against discrimination, in general, and islamophobia and anti- Semitism, in particular, are complementary when working for specific prevention of terrorism extremism.
Amendment 111 #
2015/2063(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas terrorist radicalisation appears to be attributable to factors that are both internal and external to the Union.
Amendment 113 #
2015/2063(INI)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. whereas combating terrorist radicalisation must form part of a global approach that aims to ensure an open Europe and is based on a set of common values;
Amendment 114 #
2015/2063(INI)
Motion for a resolution
Recital H d (new)
Recital H d (new)
Hd. whereas the causes of terrorist radicalisation have not been studied to a sufficient extent; whereas the lack of integration cannot be perceived as the primary cause of terrorist radicalisation;
Amendment 119 #
2015/2063(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission to establish as quickly as possible a global strategy to prevent the radicalisation and recruitment of European citizens, taking into account all vectors of radicalisationn action plan to implement the EU strategy for combating radicalisation and recruitment to terrorism, on the basis of the exchange of best practice within the European Union and the evaluation of measures undertaken in the Member States; takes the view that the Commission should develop an intensive communication strategy on preventing the radicalisation and recruitment of European citizens by terrorist organisations; (The EU strategy for combating radicalisation and recruitment to terrorism was adopted by the Council of the European Union in 2005 and revised in 2008 and 2014)
Amendment 132 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Calls upon the Member States to strengthen action aimed at preventing radicalisation and the recruitment of terrorists by updating national prevention policies and putting networks of practitioners in place on the basis of the ten priority areas for action as identified in the EU strategy for combating radicalisation and recruitment to terrorism (doc. 9956/14).
Amendment 134 #
2015/2063(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls on the Member States to coordinate their strategies and share the information and experience at their disposal, to implement goods practices, at both a national and a European level, and to cooperate with a view to taking new steps in combating radicalisation and recruitment to terrorism.
Amendment 140 #
2015/2063(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. calls on the Commission to establish a common definition of ‘foreign fighters’ and to carry out an in-depth study of the process and the various influences which lead to radicalisation;Believes that the additional protocol to the Council of Europe Convention on the Prevention of Terrorism is the reference document that should be used by the Member States and the European institutions with a view to arriving at a common definition for the criminalisation of persons to be considered ‘foreign fighters’. Calls on the Commission to carry out an in-depth study of the process and the various influences which lead to radicalisation; (The additional protocol to the Council of Europe Convention on the Prevention of Terrorism defines five acts that it asks the Member States to establish as criminal offences with a view to responding to the threat posed by persons travelling abroad for the purpose of committing, contributing to or participating in terrorist offences, or the providing or receiving of training for terrorism in the territory of another State;)
Amendment 144 #
2015/2063(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. cCalls on the Commission to establish a common definition of ‘foreign fighters’ and to carry out an in-depth study of the causes, the process and the various influences which lead to radicalisation;
Amendment 155 #
2015/2063(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the importance of making the fullest use of existing instruments to combat the radicalisation and recruitment of European citizens by terrorist organisations; recommends that more use should be made of European funds to that end; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective of stamping out the radicalisation of European citizens;the Commission and the Member States make use of available means, particularly under the Internal Security Fund (ISF), via the SIF Police instrument, in order to support projects and measures aimed at preventing radicalisation; stresses the major role which can be played by the Radicalisation Awareness Network (RAN) in taking on this objective of stamping out the radicalisation of European citizens; (The SIF Police instrument has a budget of just over EUR 1 billion for the period 2014-2020, EUR 662 million of which is channelled through shared management, EUR 342 million of which is channelled through direct management.)
Amendment 171 #
2015/2063(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that prisons remain a breeding ground for the spread of radical ideologieterrorist extremisms; calls on the Commission to encourage the exchange of best practices among the Member States in order to counter the increase of terrorist radicalisation in Europe's prisons;
Amendment 177 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to suggest and make publishc guidelines on measures to be implemented in Europe's prisons aimed at preventing Europeans from becoming radicalised terrorists; recommends that the Member States segregate radicalised inmates within their prisons in order to prevenparate prisoners who have been already recruited by terrorist organisations from all the rest, aiming to prevent terrorist radicalism from being imposed through intimidation on other inmates and to contain extremist radicalisation in those institutions;
Amendment 187 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff in order to teach them to detect radical behaviour; stresses the importance of appropriately training and recruiting prison chaplains so that they can not only adequately meet prisoners' cultural needs in prisons, but also counter radical discourseto the entire prison staff, religious staff and NGO's personnel who interact with prisoners in order to teach them to detect, prevent and deal with behaviours which tend to terrorist extremism.;
Amendment 197 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff in order to teach them to detect radical behaviour, and to also detect it at an early stage; stresses the importance of appropriately training and recruiting prison chaplainreligious, philosophical and secular representatives so that they can not only adequately meet prisoners’ cultural needs in prisons, but also counter radical discourse;
Amendment 210 #
2015/2063(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Encourages the establishment of educational programmes in Europe's prisons in order to promote critical thinking and reintegration into society to inmates vulnerable to pressure from radicals in prison;
Amendment 218 #
2015/2063(INI)
Motion for a resolution
Subheading III
Subheading III
III. Preventing online terrorist radicalisation
Amendment 241 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet plays a significant role in fuelling the radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launchedction to be taken at European level with the internet giantoperators with a view to preventing the online distribution of hate messages and to eradicatdetecting and erasing them swiftly;
Amendment 242 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the iInternet plays a significant role in fuelling theserves as well as a platform for terrorist radicalisation of European citizens, as it facilitates the rapid, large-scale distribution of hate messages and praise for terrorism; expresses concern at the impact that such messages praising terrorism have on young people, who are particularly vulnerable; calls for a dialogue to be launched at European level with the internet giants with a view to preventanalysing the online distribution of hate messages and to eradicating them swiftly;
Amendment 265 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giantoperators should be made aware of their responsibilities so that they delete illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messages or messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punished;
Amendment 266 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Feels that the internet giants should be made aware of their responsibilities so that they delete illegal content as quickly as possible; believes that the Member States should plan for the possibility of bringing criminal prosecutions against digital actors who do not take action in response to the spread of illicit messagesto take measures to closely cooperate with Internet servers/providers and to act against companies not reacting when having acknowledgement of the distribution orf messages praising terrorism on their internet platforms; believes that refusal or failure to cooperate on the part of internet platforms which allow such messages to circulate should be considered an act of complicity with praising terrorism and should consequently be punishedremain online should be sanctioned if the agreed previous measures to withdraw this messages are not put in action;
Amendment 267 #
2015/2063(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the competent authorities to ensure that websites that incite hatred are monitored more strictly;
Amendment 282 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giantoperators to cooperate with the Member States and European agencies and bodies in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 283 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however, that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorism; calls on the digital giants to cooperate with the Member States and with organisations whose fields of expertise are terrorist deradicalisation or evaluation of hate speeches in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisation;
Amendment 289 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. States that the internet giants, through internet referencing, have the power to promote terrorist radicalisation prevention messages aimed at countering messages that praise terrorism; feels that it is thus their duty to highlight messages that oppose hate speech and praise for terrorism, thereby making online radicalisation more difficulthate speech and praise for terrorism;
Amendment 299 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. States that the internet giantoperators, through internet referencing, have the power to promote radicalisation prevention messages aimed at countering messages that praise terrorism; feels that it is thus their duty to highlight messages that oppose hate speech and praise for terrorism, thereby making online radicalisation more difficult;
Amendment 321 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that every Member State should set up a special unit tasked with flagging illicit content on the internet and with facilitating the detection and removal of content that does not conform to the host internet platform's charter and rules; proposes that such units couldwelcomes the decision by the Council of Ministers of 12 and 13 March to create within Europol a European unit (EU IRU), tasked with flagging content on the internet, and encourages national bodies responsible for flagging and actors in the digital world to cooperate closely with a European uol for this purpose. (The terms of reference of the Unit aresponsible for dealing with flagging; set out in a note adopted by the Council of Ministers on 12 March 2015 (Doc 6606/15) They are: to coordinate the identification of terrorist and extremist content circulating on the Internet, in cooperation with the appropriate partners; support and deliver rapid and effective flagging, in close collaboration with the internet industry; support the work of the competent national authorities by providing them with strategic and operational analyses; act as a European centre of excellence for the activities set out above.
Amendment 323 #
2015/2063(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Welcomes the establishment with effect from 1 January 2016 of the European Counter-Terrorism Centre (ECTC), of which the European unit tasked with flagging content will be a part. Stresses the need to provide the financial resources required to deliver the additional tasks conferred on Europol in connection with the establishment of the European Counter-Terrorism Centre. Calls for the European Parliament to be duly involved in the composition of the Centre, its terms of reference, tasks and finance.
Amendment 332 #
2015/2063(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that online radicalisation cannot be stamped out without reinforcing the tools available to the EU to combat cybercrime; recommends that that the European Union strengthen the mandate of the European Cybercrime Centre (EC3) particularly by facilitating exchanges between Europol and private sector bodies so that it can play an effective role in better protecting European citizens against online threats and detecting the digital processes used by terrorist organisations; (Given the role played by the internet in radicalisation and as over 80% of ICT infrastructure belongs to the private sector, it would appear essential that Europol and the European Cybercrime Centre should be able to exchange information with the internet giants in order to be able to successfully deliver on their responsibilities.
Amendment 354 #
2015/2063(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that schools and education have an important role to play in preventing radicalisation; recalls the crucial role that schools play in helping to promote integration and develop critical thinking; calls on the Member States to investigate the possibility of introducing, where it does not already exist, education on religious issues inaimed at strengthening understanding and tolerance of different religions, philosophies and ideologies; stresses the need to teach fundamental values and principles suchools; as human rights;
Amendment 380 #
2015/2063(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the European Union to carry out a communication campaign to raise thencourage an effective awareness of young peoplesters, as well as supervisory staff, as regards issues of radicalisation; calls on the Member States to introduce specialist training for teaching staff so that they can detect any suspicious changes in behaviour and properly supervise young people who are at risk of being recruited by terrorist organisations; reminds that educational actors, religious leaders, social workers and all the other professionals who work in the field of education, should be trained according to merit and availability criteria and should not be considered surveillance special agents; reminds that an excessive intromission by public powers could be counterproductive;
Amendment 400 #
2015/2063(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that it is vital to engage in dialogue with the various religious communitiesintercultural dialogue in order to help reach a better understanding of the phenomenon of radicalisation; draws the Member States’ attention to the issue of training religious leaders in order to prevent preachers of hate from appearing in places of worship in Europe, and also of training prison chaplains, and to ensure that they share European values, and also of training the representatives of religions, philosophies and secular society working in prisons particularly when they are around prisoners deemed to be radicalised;
Amendment 417 #
2015/2063(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Highlights the crucial importance of making all actors aware of their responsibility to prevent radicalisation, whether at local, national, European or international level; encourages the establishment of close cooperation between all civil society actors, including national and local platforms for cooperation between actors on the ground, such as associations, NGOs and families of victims; calls, in this regard, for the introduction of training adapted for the actors on the ground dealing with potentially radicalised European citizens;
Amendment 418 #
2015/2063(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Calls for the EU to include the issue of terrorist radicalisation in the training provided by CEPOL
Amendment 430 #
2015/2063(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Feels that those local actors have a crucial role to play in the development of projects adapted to their towns or organisations, in addition to their role as an integrating factor for those European citizens who feel at odds with society and tempted by terrorist radicalisation; feels that the Member States should support the establishment of structures facilitating, in particular, the supervision of young people, as well as exchanges with families, schools, hospitals, universities and so on; reminds that these measures can only be implemented through long- term social investment programmes; notes that such associations and organisations, which do not bear the mark of governments, sometimes achieve better results in reintegrating citizens who are on the path towards radicalisation into society;
Amendment 435 #
2015/2063(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers it vital to set up an alert system in each Member State which would allow families and community members to easily and swiftly flag the development of radical behaviour or a European citizen's departure to join a terroristhat in every Member State there is a transmission of practical advice which allow families and community members to easily warn the recruitment of their relatives by terrorist networks and organisations;
Amendment 447 #
2015/2063(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Highlights the importance of including the testimony of victims of islamist terrorism in public communication policies, as it would counter the impact of recruitment propaganda spread by terrorist organisations via the Internet.
Amendment 463 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its desire to see the so-called ‘'EU PNR' directive swiftly adopted before the end of 2015 in order to enable the movements of European citizens likely to adopt a terrorist ideology to be trackedadopted in full compliance with fundamental rights and freedoms of European citizens and free from discriminatory practices or any ideological, religious or ethnic stigmatization; recalls, however, that the EU PNR will not be enough to prevent the recruitment of European citizens by terrorist organiszations;
Amendment 467 #
2015/2063(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its desire to see the so-called ‘EU PNR’ directive swiftly adopted before the end of 2015 in order to enable the movements of European citizens likely to adopt a terrorist ideologysuspected of serious terrorist or transnational offences to be tracked; recalls, however, that the EU PNR will not be enough to prevent the recruitment of European citizens by terrorist organisations;
Amendment 478 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the exchange of information between the law enforcement authorities inof the Member States, in particular by optimising the use of and contributions to the Schengen Information System and Europol's 'Focal Point Travellers' on European citizens who have been radicalised; stresses that stepping up the exchange of information between law enforcement authorities will also entail reinforcing the role of European Union agencies, such as Europol and Eurojust; ('Focal Point Travellers' is a file for the collection and analysis of information on foreign terrorist fighters and related terrorist networks. Set up in May 2014 by EUROPOL's counter-terrorism unit, it collects information from all Member States and holds over 6,000 names of individuals associated with terrorism (facilitators, recruiters, funders, those likely to leave, fighters etc.))
Amendment 482 #
2015/2063(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Insists on the absolute necessity of stepping up the efficient exchange of information between the law enforcement authorities in the Member States; stresses that stepping up the efficient exchange of information between law enforcement authorities will also entail reinforcing the rolea constant increase in quality of European Union agencies, such as Europol and Eurojust;
Amendment 489 #
2015/2063(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that improved cooperation between the Member States aimed at countering the radicalisation and recruitment of European citizens is also characterised by intensive exchanges between the judicial authorities; Notes that better reporting at European level on the criminal records of European citizens at risk of being radicalised would help speed up their detection and make it easier for them to be properly monitored, either when they leave or when they return; encourages, therefore, the reform of the ECRIS system; calls for full use of Eurojust in this respect;
Amendment 493 #
2015/2063(INI)
Motion for a resolution
Subheading VI
Subheading VI
VI. Strengthening deterrents against terrorist radicalisation
Amendment 507 #
2015/2063(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that criminalising terrorist acts carried out by foreign fighters requiresHence invites the European Union to work on the set-up of judicial cooperation agreements with third countries to facilitate the collection of evidence in thirsaid countries to be possible; calls, therefore, on the European Union to work on establishing judicial cooperation agreements with third countries in order to facilitate such processeas long as the Fundamental Rights, especially those regarding effective due process, are ensured by all parts;
Amendment 516 #
2015/2063(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Asks of the Commission an analysis of the interpretative framing displayed by terrorist organizations such as Daesh so as to develop a strategic communication policy aimed at countering any attempt to establish a public accounting presenting the use of violence as something completely legitimate;
Amendment 518 #
2015/2063(INI)
Motion for a resolution
Paragraph 25 b (new)
Paragraph 25 b (new)
25b. Asks for the promotion of style manuals by public media aimed at reflecting and avoiding the acceptance of the interpretative framing and keywords used by terrorist organizations in their aim of public manipulation;
Amendment 521 #
2015/2063(INI)
Motion for a resolution
Subheading VII
Subheading VII
VII. Preventing the departure and anticipating the return of radicalised European citizens recruited by terrorist organizations
Amendment 537 #
2015/2063(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Reiterates its belief that the European Union must step up its external border controls as a matter of urgency; stresses that it will be impossible to effectively track the departures or arrivals of European citizens unless mandatory andrecruited by terrorist organisations unless systematic controls are introduced on the European Union’s external borders; stateInsists that, to this end, one of the European Union’s priorities must be reforming the Schengen Code; the Member States should implement the Commission's recommendations for a more flexible interpretation of the Schengen Code, so that external border controls for citizens of the Union no longer consist only of 'a minimal level of checks' but normally involve the consultation of national and European databases.
Amendment 542 #
2015/2063(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Invites Member States to give their border guards systematic access to the Europol information system which may contain information on people suspected of terrorism, foreign fighters and preachers of hate.
Amendment 549 #
2015/2063(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on Member States to share good practices in regard to exit checks on radicalised EU citizens and foreigners living in the EU recruited by terrorist organizations, and how to manage the return of citizens who have taken part in terrorist activities in conflict theatres abroad; supports in particular Member States confiscat; stresses that any action resulting in the seizure of passports must be undertaken in full compliance with the law and with no governmental interference when dealing withe passports of EU citizens planning to join terrorist organistheir own nationals;
Amendment 552 #
2015/2063(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Calls on Member States to share good practices in regard to exit checks on radicalised EU citizens and how to manage the return of citizens who have taken part in terrorist activities in conflict theatres abroad; supports in particular Member States confiscating the passports of EU citizens planning to join terrorist organisations; also supports the implementation of criminal sanctions for foreign fighters on their return to Europe;
Amendment 559 #
2015/2063(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates that making good use of existing instruments such as the SIS and VIS systems constitutes the first step in stepping up external border security in order to identify EU citizens who may be leaving for conflict zonesand foreigners living in the EU who may be leaving to engage in terrorist actions, terrorist training or to take part in any unconventional armed conflict as part of a terrorist organization;
Amendment 565 #
2015/2063(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Invites the Member States to ensure effective monitoring , particularly psychological, of foreign fighters on their return to Europe;
Amendment 573 #
2015/2063(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Stresses once more the vital importance of the European Union establishing close cooperation with non-EU countries, notably transit countries and those to which foreign fighters are headingand destination countries, insofar as this is possible, in order to be able to identify EU citizens leaving to fight for terrorist organisations or returning thereafter;
Amendment 581 #
2015/2063(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Is convinced that for such enhanced cooperation to be established the Commission, and the European External Action Service (EEAS) in particular, need to make greater linguistic efforts in terms of Arabic- speaking staff and spokespersons so as to be understood by every community beyond the EU's borders, specially by Arabic communities; considers it essential that the EUʼs call to combat radicalisation can be heard beyond its own borders;
Amendment 594 #
2015/2063(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Welcomes the Commission's allocation in April 2015 of a budget of 10 million euro to finance a programme of assistance to partner countries to counter radicalisation in the Sahel-Maghreb and stem the flow of foreign fighters from North Africa, the Middle East and the Western Balkans. (A first tranche of 5 million euro to fund technical assistance to enhance the capacities of criminal justice officials to investigate, prosecute and adjudicate cases of foreign fighters or would-be foreign fighters. A second tranche of 5 million euro to finance countering radicalisation programmes in the Sahel and Maghreb region.)
Amendment 629 #
2015/2063(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Supports the development of a communication campaign at EU level based on the experiences of ʽformer foreign fightersʼ whose eye-witness accounts and traumatic experiences help strip away the religious significance of fighting for terrorist organisations such as ISIS; encourages Member States therefore to develop such structures enabling face-to- face meetings and dialogue with former fighters; emphasises furthermore that contact with victims of terrorism also seems to be an effective means of stripping radical rhetoric of its religious significance; calls on the Commission to support, particularly through funding, and to coordinate national communication campaigns;
Amendment 7 #
2015/2062(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the conventions, recommendations and resolutions of the Council of Europe on prison matters,
Amendment 8 #
2015/2062(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the Council of Europe’s white paper on prison overcrowding of 28 September 2016,
Amendment 33 #
2015/2062(INI)
Motion for a resolution
Recital D
Recital D
D. whereas overcrowding in prisons is a recurrent problem in the Union, as demonstrated by reports such as the most recent edition of the Council of Europe Annual Penal Statistics (SPACE), published on 14 March 2017, and whereas the European Court of Human Rights has regarded it as a breach of Article 3 ECHR;
Amendment 40 #
2015/2062(INI)
Motion for a resolution
Recital E
Recital E
E. whereas imprisonment is a particularly inappropriate situation in which to place certain vulnerable individuals, such as minors, the elderly, pregnant women and people suffering from mental and psychiatric disturbances;
Amendment 61 #
2015/2062(INI)
Motion for a resolution
Recital H
Recital H
H. whereas, according to Council of Europe figures for 20145, on average 2010.8% of prisoners in European prisons are foreigners – the corresponding figure in 2014 being 13.7% – and whereas they are most often remanded in custody because of the greater risk of absconding associated with them;
Amendment 85 #
2015/2062(INI)
Motion for a resolution
Recital L
Recital L
L. whereas radicalisation is occurring in many prisons in the European Union is particularly concerning;
Amendment 91 #
2015/2062(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas the Union has made funding available under the European Agenda on Security in order to tackle radicalisation in prisons;
Amendment 114 #
2015/2062(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores the fact that overcrowding of prisons, which is very common in Europe’s prisons, particularly in Greece, France, Belgium, Italy, Slovenia and Romania, in many cases has a serious impact on the safety of prison staff and prisoners, but also wi; highlights that according to the latest edition of the annual penal statistics of the Council of Europe of 14 March 2017, the number of detainees continues to exceed the number of available places in a third of European penitentiary institutions; further deplores that in many cases this overpopulation of prisons has a serious impact on the safety of prison staff and prisoners, medical care, re-education and monitoring of prisoners; calls on Member States to follow the regard to the activities made available, medical care and monitorcommendations of the white paper of the Council of Europe on prison overcrowding of 28 September 2016 and Recommendation R(99) 22 of the Committee of Ministers of the Council of Europe of 30 September 1999 concerning prison overcrowding ofand prisoners population inflation;
Amendment 142 #
2015/2062(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Considers that increasing prisons’ capacity is not the sole solution to overcrowding, as the prison population tends to rise at the same rate as prison capacity; calls nonetheless on Member States to allocate appropriate resources to refurbishment andfor the modernisation of prisons in order to protect the rights of prisoners, develop further educational capabilities and ensure a more secure environment for both prisoners and prison staff; recalls that the Commission recently mentioned the possibility of drawing onfor member states to draw from the Structural Funds of the European Union;
Amendment 149 #
2015/2062(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to consider recruiting volunteers, within the context of the delivery of sanctions, to support professional staff, with a view to creating links that will promote the reintegration of individuals into society; considers that the tasks of the volunteers should be clearly distinct from those carried out by professional staff, and should fall within the limits of their competences;
Amendment 167 #
2015/2062(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages Member States to adevelopt non-custodial measures as an alternative to detention and calls on them to ensure that, in addition to the punitive aspect of imprisonment, attention is also devoted to mothe development of practical skills and re -educational and social aspect of prisoners, in order to enable punishment to be managed better, make a success of social reintegration and reduce recidivism; draws attention in this connection to the good practices which exist in the Scandinavian countries;
Amendment 177 #
2015/2062(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on Member States to combat lack of occupation in prisons, and to offer activities capable of encouraging prisoners to become active in determining their own futures;
Amendment 189 #
2015/2062(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to guarantee access to health care, within a reasonable period of time, in prison;
Amendment 204 #
2015/2062(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reaffirms the importance of ensuring that children in prison are treated in a manner that takes into account their best interests, including being kept separate from adults at all times, including during prison transfers, and having the right to maintain contact with their families; recalls that Directive (EU) 2016/800 on procedural safeguards for children includes a preference for alternative measures;
Amendment 233 #
2015/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on Member States to combat the growing phenomenon of radicalisation in prison through, inter alia, improving detection capabilities, developing educational measures and supporting inter-faith dialogue and communication;
Amendment 242 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that under the European Agenda on Security the European Union has made funding available in order to support vocational training for prison personnel with the aim of countering radicalisation in prisons. Calls on member states to make full use of the Radicalisation Awareness Network (RAN) Centre of Excellence, and specifically to further share expertise through the Prison and Probation Working Group therein;
Amendment 246 #
2015/2062(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Encourages specific training to be put in place to enable prison staff to prevent and identify radical behaviour, and to deal appropriately with radicalised prisoners;
Amendment 260 #
2015/2062(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Recalls that consideration for and training of prison staff is essential in order to ensure goodsecure and appropriate detention conditions in prison, and encourages Member States to share information and good practices; to this end, calls for a General Assembly of Prison Administrations to be convened;
Amendment 265 #
2015/2062(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on Member States to establish a guaranteed service within penal establishments;
Amendment 275 #
2015/2062(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States to promote policies to reintegrate prisoners into civil life, in particular policies aiming at the removal of structural barriers preventing the re-integration of ex-prisoners into society, and to establish policies on monitoring and adjustment of penalties;
Amendment 32 #
2015/2012(BUD)
Motion for a resolution
Paragraph 10 – point ii
Paragraph 10 – point ii
ii) the level of exceptional expenditure needed in 2016 notably to reinforce the security of the European Parliament's buildings and cybersecurity;
Amendment 75 #
2015/2012(BUD)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Welcomes the proposal to reinforce the secretariats of parliamentary committees in order to allow Members to receive the necessary support in dealing with scrutiny, in particular in the parliamentary committees with the highest number, currently or to come, of implementing and delegated acts;
Amendment 76 #
2015/2012(BUD)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that, to this end, the Secretary- General proposes the creation of 20 additional posts in order to reinforce the secretariats of the four parliamentary committees concerned (ECON, ENVI, ITRE and, TRAN and LIBE); considers that this reinforcement can be accepted only after the examination of the possibilities of internal redeployment;
Amendment 98 #
2015/2008(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Attaches the utmost importance to the establishment and implementation of a sound payment plan with the objective of reducing the level of unpaid bills at year- end to its structural level in the course of the current MFF, as stated by the Council, the Parliament and the Commission in the joint declaration agreed in the framework of the 2015 budget procedure; recalls that this plan will be agreed by the 3 institutions in due time before the presentation of the draft budget 2016; considers that the interinstitutional meeting in March 2015 should provide the opportunity for the three institutions to agree on such a plan, in due time before the presentation of the Draft Budget 2016this plan;
Amendment 117 #
2015/2008(BUD)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Underlines that the 2016 budget will be crucial as it will not only be the first year of implementation of the new MFF provision on the global margin for commitments, but should also serve as a benchmark of the post-electoral MFF review /and post-electoral revision, to be launched before the end of 2016; stresses the need to establish political priorities and identify in good time areas of proven added value of EU spending for which further investments will be deemed necessary in the second half of the MFF 2014-2020; stresses, in this context, the importance of closely monitoring the implementation and performance of key EU programmes already during the current budgetary procedure;
Amendment 125 #
2015/2008(BUD)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reaffirms its position in favour of an in-depth reform of the system of EU own resources, whose current shortcomings are causing severe impasses in budgetary negotiations; attaches, therefore, the highest political importance to the work of the High Level Group on Own Resources, under the chairmanship of Mario Monti; eagerly anticipates the results and proposals of the work of this High-Level Group that are due to be presented in an interinstitutional conference, with the participation of national parliaments, during 2016, and considered in the context of the MFF review /and post-electoral revision;
Amendment 78 #
2015/2002(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the resources available to the EU for its action as a ‘'global player' until 2020 within the multiannual financial framework only amount to 6 % of the total budget and cover all related programmes, including development and cooperation assistance; whereas the importance of domestic resources mobilization should be translated directly into increased investment in human development;
Amendment 133 #
2015/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes in the continued value of its initially stated objective of creating an area of prosperity, stability and good neighbourliness, based on the founding values and principles of the Union, through a deep structural transformation in the neighbouring countries; stresses therefore the need to go back to basics and bring this objective back to the top of the agenda;
Amendment 153 #
2015/2002(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that respect for the universal fundamental values of human rights, rule of law and democracy on which the EU is founded must remain at the core of the revised policy; underlines the importance of promoting the rights of children, youth and gender equality to build inclusive, prosperous and stable societies in the EU neighbourhood;
Amendment 174 #
2015/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the renewed policy must be more strategic, with a real political vision, and politically driven; calls for special envoys to be appointed for the East and the South, with the task of politically coordinating the revised policy and monitor progress in the partnership and the situation of women's and children's rights;
Amendment 197 #
2015/2002(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Emphasises that local ownership, accountability and inclusiveness should be key aspects of the new approach so as to ensure that the benefits of the ENP reach all levels of society throughout the country;
Amendment 284 #
2015/2002(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on the Commission to focus on sectors identified together with its partners, in which progress and universal added value can be achieved, and to gradually expand cooperation based on progress and ambitions, in particular to contribute to economic growth and human development with a focus on the new generations;
Amendment 326 #
2015/2002(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the continuous need to focus on strengthening and consolidating democracy, the rule of law, the independence of the justice system, respect for minoritiesjustice for children, respect for minorities, children's rights, gender equality and diversity; highlights that capacity-building in national institutions, including their national assemblies, together with support for civil society, pro- democracy groups and political parties, will enhance political dialogue and pluralism; underlines the importance of developing systems to promote youth participation;
Amendment 406 #
2015/2002(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Notes that security and stability are basic concerns in the neighbourhood and that current developments in the region call for a strong security and peacebuilding component in the ENP, which has regrettably been missing to date; underlines the importance of investing in education to build long-term prospects for stability in the regions concerned by the European Neighbourhood Policy;
Amendment 438 #
2015/2002(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Underlines the need for an overarching political strategy to restore the European political order while ensuring full compliance with international law and commitments, as laid down in the Helsinki Final Act of 1975, based on respect for human rights, minority rights and fundamental freedoms, independence, sovereignty and the territorial integrity of states, and peaceful resolution of conflicts; notes that the Organisation for Security and Co-operation in Europe (OSCE), as the biggest regional organisation responsible for security, can play an important role in this regard, within the framework of the United Nations;
Amendment 525 #
2015/2002(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Emphasises the need to build strong partnerships with neighbouring countries; stresses the importance of ensuring that the ENP is part of the EU's broader external policy and of taking into account the other strategic players that have influence on the neighbourhood – the ‘'neighbours of neighbours' – as well as relevant UN agencies, international and regional organisations;
Amendment 541 #
2015/2002(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls on the EU to take advantage of the expertise of the regional organisations to which the neighbours belong, such as the Council of Europe, the OSCE, the African Union, relevant Regional Offices of the United Nations and the League of Arab States, which are important fora in which to engage partners in carrying out reforms, to address concerns on human rights and to foster democratisation;
Amendment 554 #
2015/2002(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls for the EU to explore and identify, together with its partners, priorities for integration in different policy fields, such as economic and human development, social protection, conflict and disaster prevention, infrastructure and regional development, water, the environment, competition policies, SMEs, migration, security, energy and energy efficiency, with the aim of creating an area of prosperity, stability and good neighbourliness;
Amendment 598 #
2015/2002(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Notes that high unemployment, social exclusion and poverty, in particular amongst children and young people, combined with the low political participation of women and new generations, are root causes of instability, and demands engagement beyond the Deep and Comprehensive Free Trade Areas (DCFTAs);
Amendment 622 #
2015/2002(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Takes the view that the parliamentary dimension of the policy needs to be reinforced by enhancing the effectiveness of the interparliamentary meetings and parliamentary assemblies; welcomes, in this context, the new approach that Parliament has adopted to parliamentary democracy support; underlines the role played by Parliaments in ENP countries in holding governments accountable;
Amendment 630 #
2015/2002(INI)
Motion for a resolution
Paragraph 38
Paragraph 38
38. Emphasises that for the ENP to be a successful policy, it should also ensure that there is ownership by the Member States; calls on the Commission, therefore, to reinforce policy coordination and joint programming of financial assistance, and to provide mechanisms to foster consultation between the Member States, EU structures, and neighbouring countries and other stakeholders, including UN agencies;
Amendment 123 #
2015/0310(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The development and implementation of an integrated external border management system at Union level calls for the framing of a global European strategy for external border management which lays down the main guidelines, priorities and shared objectives. That global strategy should be drawn up by the Commission, subject to approval by the Council and Parliament.
Amendment 133 #
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 and assess 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 search and rescue operations, return operations and return interventions.
Amendment 158 #
2015/0310(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The vulnerability assessment shall also assess how Member States respect fundamental rights, including appropriate and adequate reception conditions for the migrants, refugees and asylum seekers arriving at the border, the presence and effectiveness of instruments that ensure access to information for migrants, asylum-seekers and refugees, the possibility to apply for international protection, the access to legal assistance, the identification and referral of asylum seekers, refugees and migrants to relevant procedures, the access to effective remedies. Such assessment shall be made in cooperation with the Consultative Forum, the Fundamental Rights Centre, the Fundamental Rights Agency and EASO.
Amendment 182 #
2015/0310(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) The European Border and Coast Guard Agency should carry out and assist Member States in search and rescue operations for persons in distress at sea and should fulfil this task in full compliance with fundamental rights, in particular the Charter of Fundamental Rights of the European Union, the Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement, the United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, and the International Convention on Maritime Search and Rescue.
Amendment 188 #
2015/0310(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) On 8 October 2015, the European Council called for enlarging the mandate of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union to assist Member States in ensuring the effective return of illegally staying third-country nationals, including by organising return operations on its own initiative and enhancing its role regarding the acquisition of travel documents and, where appropriate, the issuing of European travel documents for the return journey. For this purpose, the European Council called for the establishment of a Return Office within the European Border and Coast Guard Agency which should be tasked with the coordination of the Agency’s activities in the field of return.
Amendment 224 #
2015/0310(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) This Regulation establishes a complaint mechanism for the European Border and Coast Guard Agency, in cooperation with the Fundamental Rights Officer, to monitor and ensure the respect for fundamental rights in all the activities of the Agency. This should be an administrative mechanism whereby the Fundamental Rights Officer should be responsible for handling complaints received by the Agency in accordance with the right to good administration. The Fundamental Rights Officer should review the admissibility of a complaint, register admissible complaints, forward all registered complaints to the Executive Director, forward complaints concerning border guards to the home Member State and register the follow-up by the Agency or that Member State. Criminal investigations should be conducted by the Member States.
Amendment 238 #
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 guaranteeing the proper functioning of the Schengen area, managing migration effectively and ensuring a high level of internal security within the Union, while safeguarding the free movement of persons therein.
Amendment 266 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 275 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. The European Border and Coast Guard Agency shall ensure a constant and uniform application of EU law, including the EU acquis in fundamental rights, across all EU external borders.
Amendment 276 #
2015/0310(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
3. The national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks, shall establish their national strategies for integrated border management. Those national strategies shall be coherent with the strategyies referred to in paragraph 2Article 3a.
Amendment 277 #
2015/0310(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3a European integrated border management strategies 1. The Commission shall establish, with reference to the European Border and Coast Guard Agency recommendations, a European integrated border management strategy. The strategy shall set out general guidelines, the objectives to be met and the key actions to be taken in order to establish a fully functioning European integrated border management system. The European integrated border management strategy shall be revised whenever circumstances warrant and at least once every four years, and shall be submitted to the European Parliament and the Council for approval. 2. The European Border and Coast Guard Agency shall establish an operational and technical strategy for the European integrated border management. It shall promote and ensure the implementation of European integrated border management in all Member States.
Amendment 278 #
2015/0310(COD)
Proposal for a regulation
Article 4 – title
Article 4 – title
European integrated external border management
Amendment 289 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) border management that acknowledges the different needs of mixed migration flows at the external borders;
Amendment 293 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) search and rescue of persons in distress at sea;
Amendment 315 #
2015/0310(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
The implementation of European integrated border management shall be in full compliance with fundamental rights.
Amendment 324 #
2015/0310(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The European Border and Coast Guard Agency shall facilitate the application of Union measures relating to the management of external borders by reinforcing, assessing and coordinating the actions of Member States in the implementation of those measures, and in return. Member States shall ensure the management of their section of the external borders, in their interests and in interest of all Member States which have abolished internal border control, in full compliance with Union law and in accordance with the technical and operational strategyies referred to in Article 3(2), and in close cooperation with the Agencya.
Amendment 352 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows and to carry out risk analysis as regards all aspects of integrated border management; and the capacity to carry out vulnerability assessments including the assessment of the capacity of Member States to face threats and pressures at the external borders.
Amendment 353 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point a a (new)
Article 7 – paragraph 1 – point a a (new)
(aa) ensure regular monitoring of the management of the external borders through liaison officers of the Agency in Member States;
Amendment 354 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
Amendment 363 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c
Article 7 – paragraph 1 – point c
(c) assist Member States in circumstances requiring increased technical and operational assistance at the external borders by coordinating and organising joint operations, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 366 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c a (new)
Article 7 – paragraph 1 – point c a (new)
(ca) carry out and assist Member States in humanitarian emergency operations and in search and rescue operations of persons in distress at sea;
Amendment 368 #
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, taking into account that some situations may involve humanitarian emergencies and rescue at sea;
Amendment 379 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point g a (new)
Article 7 – paragraph 1 – point g a (new)
(ga) cooperate with national authorities and European agencies with responsibility for enforcement in action to prevent and detect cross-border crime and in investigations into such crime;
Amendment 389 #
2015/0310(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point m
Article 7 – paragraph 1 – point m
(m) assist Member States on training of national border guards and experts on return, including the establishment of common training standards and programmes;
Amendment 424 #
2015/0310(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States must provide the Agency with information on the budget and financial resources dedicated to border management at a national level.
Amendment 425 #
2015/0310(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
Amendment 429 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Agency shall establish a monitoring and rRisk Analysisk analysis cd Vulnerability Assessment Centre with the capacity to monitor migratory flows towards and within the Union. For this purpose, the Agency shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States and to carry out vulnerability assessments as referred Article 12.
Amendment 431 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. When developing a common integrated risk analysis model, the Agency shall draw on Europol cross-border crime risk analyses.
Amendment 433 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The AgencyRisk Analysis and Vulnerability Assessment Centre shall prepare general and tailored risk analyses and submit it to the Council and the Commission. For this purpose, it shall develop a common integrated risk analysis model, which shall be applied by the Agency and the Member States.
Amendment 440 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the AgencyCentre shall cover all aspects relevant to the European integrated border management, in particular border control, return, irregular secondary movements of third-country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union, as well as the respect of fundamental rights.
Amendment 451 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the AgencyCentre with all necessary information regarding the situation, trends and possible threats at the external borders and in the field of return. Member States shall regularly or upon the request of the AgencyCentre provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 452 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall provide the Agency with all necessary information regarding the situation, trends and possible cross-border crime threats at the external borders and in the field of return. Member States shall regularly or upon the request of the Agency provide it with all relevant information such as statistical and operational data collected in relation to the implementation of the Schengen acquis as well as information and intelligence derived from the analysis layer of the national situational picture established in accordance with Regulation (EU) No 1052/2013.
Amendment 495 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The AgencyRisk Analysis and Vulnerability Assessment Centre shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall be based on information provided by the Member State and by the liaison officer, on information derived from Eurosur, in particular the impact levels attributed to the external land and sea border sections of each Member State in accordance with Regulation (EU) No 1052/2013, and on the reports and evaluations of joint operations, pilot projects, rapid border interventions and other activities of the Agency.
Amendment 511 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Member States shall, at the request of the AgencyCentre, provide information as regards technical equipment, staff and financial resources available at national level to carry out border control and they shall submit their contingency plans.
Amendment 516 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The aim of the vulnerability assessment is for the AgencyCentre to assess the capacity and readiness of Member States to face upcoming challenges, including present and future threats and pressures at the external borders, to identify, especially for those Member States facing specific and disproportionate pressures, possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, and to assess their capacity to contribute to the rapid reserve pool referred to in Article 19(5). The assessment also aims at evaluating the capacity of Member States to respect fundamental rights in such situations. That assessment is without prejudice to the Schengen evaluation mechanism.
Amendment 537 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Where a Member State does not adopt the necessary corrective measures within the time-limit set, the Executive Director shall refer the matter to the Management Board and notify the Commission. The Management Board shall adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including the time-limit within which such measures shall be taken. The Management Board's decision shall be binding on the Member State. If the Member State does not take the measures within the time-limit foreseen in that decision, further action may be taken by the Commission in accordance with Article 18.
Amendment 558 #
2015/0310(COD)
Proposal for a regulation
Article 13 – paragraph 2 – point d a (new)
Article 13 – paragraph 2 – point d a (new)
(da) deploy and coordinate joint search and rescue operations for people in distress at sea;
Amendment 568 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Executive Director shall evaluate, approve and coordinate proposals for joint operations made by Member Statesand rapid border interventions made by Member States. The Executive Director shall simultaneously notify the Member States concerned and the Management Board in writing of the decision. Joint operations and rapid border interventions shall be preceded by a thorough, reliable and up-to-date risk analysis, thereby enabling the Agency to set an order of priority for the proposed joint operations and rapid border interventions, taking into account the impact level to external border sections in accordance with Regulation (EU) No 1052/2013 and the availability of resources.
Amendment 570 #
2015/0310(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3a. Member States may challenge any decision by the Executive Director not to launch a joint operation or a rapid border intervention by referring it to the Management Board.
Amendment 580 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The Executive Director shall draw up an operational plan for joint operations at the external borders. The Executive Director and the host Member State, in consultation with the participating Member States, shall agree on the operational plan detailing the organisational aspects of the joint operation. A copy of the operational plan shall immediately be sent to the Management Board.
Amendment 599 #
2015/0310(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States and the Management Board.
Amendment 603 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 6
Article 16 – paragraph 6
6. The Executive Director together with the host Member State shall draw up an operational plan as referred to in Article 15(3) immediately and in any event no later than three working days from the date of the decision. A copy of the operational plan shall immediately be sent to the Management Board.
Amendment 604 #
2015/0310(COD)
Proposal for a regulation
Article 16 – paragraph 8 a (new)
Article 16 – paragraph 8 a (new)
8a. Any amendments to or adaptations of the operational plan shall require the agreement of the Executive Director and the host Member State, after consultation of the participating Member States. A copy of the amended or adapted operational plan shall immediately be sent by the Agency to the participating Member States and the Management Board.
Amendment 614 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. Member States may challenge decisions taken by the Executive Director on requests they have submitted for operational and technical reinforcement by referring them to the Management Board.
Amendment 693 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 8 – subparagraph 2
Article 19 – paragraph 8 – subparagraph 2
Such secondments may be for 12 months or more butshall in any case it shallbe for not be less than three months. The seconded border guards shall be considered as members of the teams and they shall have the tasks and powers of the members of the teams. The Member State having seconded the border guards shall be considered as the home Member State.
Amendment 695 #
2015/0310(COD)
Proposal for a regulation
Article 19 – paragraph 9
Article 19 – paragraph 9
9. The Agency shall inform the European Parliament on an annual basis of the number of border guards that each Member State has committed to the European Border and Coast Guard Teams and of the number of border guards actually made available, in accordance with this Article.
Amendment 710 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. The Executive Director shall terminate, after informing the Member State concerned and the Management Board, joint operations or rapid border interventions if the conditions to conduct those activities are no longer fulfilled.
Amendment 717 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The Executive Director, in close cooperation with the Consultative Forum and the Fundamental Rights Office, 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. Such decision shall be taken on the ground of objective and public criteria and shall be linked with the fundamental rights elements of the risks analysis and of the vulnerability assessments and with the results of the complaint mechanism.
Amendment 720 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. All the expenditure covered by the Agency under Article 23 of this Regulation shall continue to be borne by the Agency until the border guards and coast guards have actually returned to their Member States.
Amendment 721 #
2015/0310(COD)
Proposal for a regulation
Article 24 – paragraph 3 b (new)
Article 24 – paragraph 3 b (new)
3b. Any decision by the Executive Director to suspend or cease joint operations and rapid interventions at borders may be contested by the Member State concerned before the Management Board.
Amendment 738 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point c
Article 26 – paragraph 1 – point c
(c) coordinate the use of relevant IT systems and provide support on consular cooperation for the identification of third- country nationals and the acquisition of travel documents, initiate, organise and coordinate return operations and provide support to voluntary departure in cooperation with the Member States;
Amendment 742 #
2015/0310(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point f a (new)
Article 26 – paragraph 1 – point f a (new)
(fa) advise and support the Member States in their implementation of return procedures, in accordance with the 2008 Directive on common standards and procedures in Member States for returning illegally staying third-country nationals.
Amendment 754 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
2. Member States shall at least on a monthly basis inform the Agency of their planned national return operations, as well as of their needs for assistance or coordination by the Agency. The Agency shall draw up a rolling operational plan to provide the requesting Member States with the necessary operational reinforcement, including technical equipment. The Agency may, on its own initiative, or at the request of a Member State, include in the rolling operational plan the dates and destinations of return operations it considers necessary, based on a needs assessment. The Management Board shall decide, on a proposal of the Executive Director, on the modus operandi of the rolling operational plan.
Amendment 765 #
2015/0310(COD)
Proposal for a regulation
Article 27 – paragraph 6
Article 27 – paragraph 6
6. The Agency shall finance or co- finance return operations with grants from its budget, in accordance with the financial rules applicable to the Agency, giving priority to those conducted by more than one Member Statas many Member States as possible, or from hotspot areas.
Amendment 772 #
2015/0310(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return monitors to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return monitors corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children.
Amendment 779 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The Executive Director shall determine the profile and the number of the forced return escorts to be made available to that pool. The same procedure shall apply with regard to any subsequent changes in the profile and the number. Member States shall contribute to the pool by nominating the forced return escorts corresponding to the defined profile. A child protection profile must be included in the pool for any return operation or intervention involving children
Amendment 782 #
2015/0310(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The Agency shall make available these escorts, upon request, to participating Member States to escort returnees on their behalf and to take part in return operations and interventions.
Amendment 789 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. In circumstances where Member States are facing a heavy burden when implementing the obligation to return illegally staying third-country nationals in accordance with Directive 2008/115/EC, the Agency shall, upon request of one or more Member States, provide the appropriate technical and operational assistance in the form of a return intervention. The Agency may propose on its own initiative to provide such technical and operational assistance to the Member States. Such intervention may consist in the deployment of European Return Intervention Teams to the host Member States and the organisation of return operations from the host Member States. Member States shall regularly inform the Agency of their needs for technical and operational assistance, and the Agency shall draw up a rolling plan for return interventions on this basis.
Amendment 795 #
2015/0310(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The Executive Director shall draw up an operational plan without delay, in agreement with the host Member States and the Member States willing to participate in a return intervention. A copy of the operational plan shall be immediately sent to the Management Board.
Amendment 799 #
2015/0310(COD)
Proposal for a regulation
Article 32 a (new)
Article 32 a (new)
Article 32 a Evaluation of return operations and return interventions The Executive Director shall evaluate the conduct and the results of the return operations and returns interventions and transmit the detailed evaluation reports within 60 days following the end of those operations and interventions to the Management Board, together with the observations of the Fundamental Rights Office. The Agency shall make a comprehensive comparative analysis of those results with a view to enhancing the quality, coherence and effectiveness of future operations and interventions, and it shall include it in its consolidated annual activity report.
Amendment 808 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, the European Convention on Human Rights, relevant international law, including the Convention Relating to the Status of Refugees and the UN Convention on the Rights of the Child and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy.
Amendment 809 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1 a (new)
Article 33 – paragraph 1 a (new)
1a. The Agency shall draw up and further develop and implement a Fundamental Rights Strategy. The Agency, in close cooperation with the Consultative Forum and the Fundamental Rights Office, shall put in place an effective mechanism to monitor the respect for fundamental rights in all the activities of the Agency.
Amendment 817 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 3
Article 33 – paragraph 3
3. The European Border and Coast Guard shall, in the performance of its tasks, take into account the special needs of children, unaccompanied minors, victims of trafficking in human beings, persons in need of medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 1018 #
2015/0310(COD)
Proposal for a regulation
Article 61 – paragraph 3 a (new)
Article 61 – paragraph 3 a (new)
3a. The Management Board shall decide by a majority of its members with voting rights on an appeal lodged by a Member State against a decision by the Executive Director concerning a request to launch a joint operation, rapid border intervention or return operation, to send migration management support teams and to suspend or halt the financing of a joint operation or rapid border intervention.
Amendment 1027 #
2015/0310(COD)
Proposal for a regulation
Article 65 – paragraph 5
Article 65 – paragraph 5
5. The Management Board may invite a representative of the European External Action Service or of any other body, agency or institution of the Union.
Amendment 1029 #
2015/0310(COD)
Proposal for a regulation
Article 67 – paragraph 2
Article 67 – paragraph 2
2. The European Parliament or the Council may invite the Executive Director to report on the carrying out of his or her tasks, in particular on the implementation and monitoring of the overall European integrated border management strategy adopted by Parliament and the Council, the operational and technical strategy for European integrated border management drawn up by the Agency, the Fundamental Rights Strategy, the consolidated annual activity report of the Agency for the previous year, the work programme for the following year and the Agency’s multiannual programming.
Amendment 1041 #
2015/0310(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Article 67a Independence 1. The Executive Director shall act in complete independence in the performance of his or her duties. 2. The Executive Director shall, in the performance of his or her duties, neither seek nor take instructions from anybody. 3. The Executive Director shall refrain from any action incompatible with his or her duties and shall not, during his or her term of office, engage in any other occupation, whether gainful or not. 4. The Executive Director shall, after his or her term of office, behave with integrity and discretion as regards the acceptance of appointments and benefits.
Amendment 1046 #
2015/0310(COD)
Proposal for a regulation
Article 68 – paragraph 1 a (new)
Article 68 – paragraph 1 a (new)
1a. The candidates proposed by the Commission shall be heard by the committees responsible of the European Parliament. After these hearings, Parliament shall deliver an opinion in which it shall indicate its preferences to the Management Board.
Amendment 1048 #
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 professional experience in the field of management of the external borders and return. The Management Board shall take account of the opinion delivered by the European Parliament and shall take its decision by a two- thirds majority of all members with a right to vote.
Amendment 1083 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 2
Article 70 – paragraph 2
2. The Agency shall invite the European Asylum Support Office, the European Union Agency for Fundamental Rights, the United Nations High Commissioner for Refugees and other relevant organisations to participate in the Consultative Forum. On a proposal by the Executive Director, the Management Board shall decide on the composition and the working methods of the Consultative Forum and the modalities of the transmission of information to the Consultative Forum. The Consultative Forum shall decide on its own working methods.
Amendment 1088 #
2015/0310(COD)
Proposal for a regulation
Article 70 – paragraph 5
Article 70 – paragraph 5
5. The Consultative Forum shall have an effective access to all information concerning the respect for fundamental rights, including by carrying out on spot visits to joint operations or rapid border interventions subject to the agreement of the host Member State.
Amendment 1092 #
Amendment 1093 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 1
Article 71 – paragraph 1
1. A Fundamental Rights Officer shall be designated by the Management Board and shall have the necessary qualifications and experience in the fieldtablished within the Agency, with the capacity to monitor the respect of fundamental rights by the Agency.
Amendment 1094 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 1 a (new)
Article 71 – paragraph 1 a (new)
1a. The Fundamental Rights Office shall be composed of Fundamental Rights Officers that have the necessary qualifications and experience in the field of fundamental rights.
Amendment 1095 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 1 b (new)
Article 71 – paragraph 1 b (new)
1b. The Fundamental Rights Office shall have adequate resources and staff at its disposal, corresponding to the mandate and the size of the Agency.
Amendment 1101 #
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 1109 #
2015/0310(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The Fundamental Rights Officer shall be consulted on the operational plans drawn up in accordance with Articles 15, 16 and 32(4) and shall have access to all information concerning respect for fundamental rights, in relation to all the activities of the Agency.
Amendment 1134 #
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 as necessary or other measures in accordance with national law. The relevant Member State shall report back to the Fundamental Rights Officer, within a limited period of time, as to the findings and follow-up to a complaint. If the Member State concerned do not provide such a follow-up, the Agency shall send an official letter informing the Member State about the complaint and determining possible follow-up actions to the Member State.
Amendment 27 #
2015/0307(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Control at external borders remains one of the main safeguards of the Schengen area without controls at internal borders. It is carried out in the interest of all the Member States. One of the purposes of such controls is to which have abolished internal border controls. The purposes of such controls notably include helping to combat illegal immigration and trafficking in human beings, and preventing any threat to the Member States' internal security and public policpublic policy, public health, international relations and internal security, irrespectively of the origin of such threat.
Amendment 39 #
2015/0307(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) TAlthough minimal systematic checks based on a simple and quick examination of the validity of the travel document is currently the rule for persons enjoying the right of free movement under EU law, the phenomenon of foreign terrorist fighters, many of whom are Union citizens, and developments in organised crime demonstrates the necessity to strengthen the checks at external borders with regard to Union citizens.
Amendment 42 #
2015/0307(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The documents of persons enjoying the right of free movement under Union law should therefore be checked systematically against relevant databases related to stolen, misappropriated, lost and invalidated travel documents in order to avoid that persons hide their real identity. To that end, the Member States must ensure that there is an electronic connection to Interpol's Stolen and Lost Travel Documents (SLTD) database at external border crossing points.
Amendment 47 #
2015/0307(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border guards should for the same reason also systematically check persons enjoying the right of free movement under Union law against relevant national and European databases in order to ensure that they do not represent a threat to internal security or public policy. To that end, the Member States should ensure that their border guards have access to the relevant national and European data banks, including the Schengen Information System (SIS) and the Europol Information System (EIS).
Amendment 54 #
2015/0307(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Technological developments allow in principle to consult relevant databases without delaying the process of crossing the border, as the controls on documents and persons can be carried out in parallel. It is therefore possible without negative effect on persons travelling in good faith to strengthen checks at external borders to better identify those persons who intend to hide their real identity or who are subject to relevant alerts for security reasons or for arrest. To that end, the installation of smart borders with automatic control gates and the development of interoperability and interconnectivity of information systems are needed. Systematic checks should be carried out at all external borders. However, if systematic checks at land and sea borders were to have a disproportionate impact on the flow of traffic at the border, Member States should be allowed not to carry out systematic checks against databases but only if based on a risk analysis assessing that such a relaxation would not lead to a security risk. Such risk assessment should be transmitted to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Council Regulation (EC) No 2007/20048 and be the subject of regular reporting both to the Commission and to the Agency. _________________ 8 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 59 #
2015/0307(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) Where a Member State conducts targeted rather than systematic checks, it should make use of the common risk indicators for foreign terrorist fighters established by the Commission and the guidelines drawn up by Frontex.
Amendment 63 #
2015/0307(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Border checks should be carried out in such a way as to fully respect human dignity. Border control should be carried out in a professional and respectful manner and be proportionate to the objectives pursued.
Amendment 64 #
2015/0307(COD)
Proposal for a regulation
Recital 6 b (new)
Recital 6 b (new)
(6b) Many identity cards produced by the Member States do not, however, have any security features such as the facial image or fingerprints. In order to make it possible for this systematic verification to be carried out on travel documents other than passports, but also with internal security issues in mind, the Commission should take swift action to propose the establishment of common standards for the security features and biometrics that are to be included in identity cards issued by the Member States.
Amendment 79 #
2015/0307(COD)
(a) verification of the identity and the nationality of the person and the validity and authenticity of the travel document, by consulting the relevant databases, in particularwhich must include:
Amendment 87 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) verification that a person enjoying the right of free movement under Union law is not considered to be a threat to the internal security, public policy, international relations of any of the Member States or to public health, including by consulting the relevant Union and national databases, in particularwhich must include the Schengen Information System.
Amendment 88 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
Where there is doubt on the authenticity of the travel document or on the identity of its holder, the checks shall include the verification of the biometric identifiers integrated in the passports and travel documents issued in accordance with Council Regulation (EC) No 2252/2004*. If possible, this verification of biometric identifiers shall also be carried out for other travel documents which are not covered by this Regulation, including identity cards.
Amendment 92 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
On entry or exit, when crossing an external border of the Schengen area which is shared between several Member States or Member State territories persons enjoying freedom of movement under EU law, in particular Directive 2004/38/EC, shall undergo a minimum check intended to establish their identity on the basis of the production or presentation of their travel documents.
Amendment 98 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Article 1 – paragraph 1 – point 1 – point a Regulation (EC) No 562/2006
Where, at external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health. The duration and location of these checks must not go beyond what is strictly necessary for the purposes of risk assessment.
Amendment 99 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 3
Article 7 – paragraph 2 – subparagraph 3
Where, at external land and sea borders, the checks referred to in points a) and b) of the first subparagraph would have a disproportionate impact on the flow of traffic, Member States may carry out those checks on a targeted basis based on an assessment of the risks related to internal security, public policy, international relations of any of the Member States or a threat to public health. The minimum check intended to establish identity on the basis of production or presentation of travel documents shall still apply, however.
Amendment 105 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4
Article 7 – paragraph 2 – subparagraph 4
Each Member State shall transmit its risk assessment to the Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by Regulation (EC) No 2007/2004 and report every three months to the Commission and to that Agency on the application of the checks carried out on a targeted basis. The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union established by means of Regulation (EC) No 2007/2004 shall take account of these reports when it carries out an assessment of the vulnerability of a Member State and may include among the corrective measures the Member State in question is required to take the reintroduction of systematic checks.
Amendment 107 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Regulation (EC) No 562/2006
Article 7 – paragraph 2 – subparagraph 4 a (new)
Article 7 – paragraph 2 – subparagraph 4 a (new)
Amendment 117 #
2015/0307(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – point b
Article 1 – paragraph 1 – point 1 – point b
Regulation (EC) No 562/2006
Article 7 – paragraph 3 – point b – point iii
Article 7 – paragraph 3 – point b – point iii
iii) verification that the third-country national concerned is not considered to be a threat to public policy, internal security or international relations of any of the Member States, including by consulting the relevant Union and national databases, in particularcluding, on a mandatory basis, the Schengen Information System;
Amendment 25 #
2015/0306(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The return of third-country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in full respect of fundamental rights, in particular of the principle of non-refoulement, and in compliance with the provisions of Directive 2008/115/EC9, is an essential part of the comprehensive efforts to ensure the credibility and proper functioning of the Union migration policiesy and to reduce and deter irregular migration. _________________ 9 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals (OJ L 348, 24.12.2008, p. 98).
Amendment 45 #
2015/0306(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A more secure European travel document for the return of illegally staying third-country nationals should be established to facilitate their return and readmission of illegally staying third-country nationals. Its enhanced security features should facilitate its recognition by third countries. Such document should help carry out returns in the context of bilateral readmission agreements, readmission agreements concluded by the EU or other arrangements with third countries, as well as in the context of return-related co- operation with third countries not covered by formal agreements.
Amendment 51 #
2015/0306(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Readmission agreements concluded by the Union with third countries should seek to guarantee the recognition by the third country of the European travel document for return. Member States should seekalso seek to obtain a guarantee of the recognition of the European travel document for return in bilateral agreements and other arrangements as well as in the context of return-related co-operation with third countries not covered by formal agreements.
Amendment 63 #
2015/0306(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) With a view to facilitating exchanges of information among themselves and with the EU agencies with responsibility for migration, the Member States should systematically keep a record of the European travel documents for return which have been issued.
Amendment 65 #
2015/0306(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to amend or supplement certain non-essential elements of the model for a European travel document for return, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level among the staff of the competent authorities of the Member States and the EU agencies with responsibility for migration.
Amendment 68 #
2015/0306(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14a) In due course an assessment of the impact of this Regulation on the implementation of return decisions should be carried out. In that connection, the Commission should take account of all return decisions irrespective of the basis on which they were taken.
Amendment 70 #
2015/0306(COD)
(23) This Regulation respects fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular human dignity as provided for in Article 1 and the protection in the event of removal, expulsion or extradition provided for in Article 19 of the Charter.
Amendment 73 #
2015/0306(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the format and the technical specifications of a European travel document for the return of illegally staying third- country nationals.
Amendment 83 #
2015/0306(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The European travel document for return shall be established in the official language or languages of the Member State that issues the return decision and, where appropriate, it shall be translated into English and French.
Amendment 92 #
2015/0306(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
The European travel document for return shall be issued free of charge for the illegally staying third- country national.
Amendment 95 #
2015/0306(COD)
Proposal for a regulation
Article 6 a (new)
Article 6 a (new)
Article 6a Review The Commission shall review this Regulation at the latest 18 months after its entry into force in order to assess its impact on the implementation of return decisions. That review shall take account of returns in the context of Union readmission agreements, bilateral readmission agreements or other arrangements with third countries, as well as in the context of return-related cooperation with third countries not covered by formal agreements. For the purposes of that assessment, the Member States shall provide the Commission with all relevant information concerning the issuing of European travel documents for return and the implementation of return decisions. The Commission shall present the results of its assessment to Parliament and the Council and, if appropriate, propose modifications to this Regulation.
Amendment 248 #
2015/0281(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall take the necessary measures to ensure that the distribution, or otherwise making available, of a message to the public, with the intent to incite the commission of one of the offences listed in points (a) to (h) of Article 3(2), where such conduct, whether or not directly advocating the commission of a terrorist offences, causes a danger that one or more such offences may be committed, is punishable as a criminal offence when committed intentionally.
Amendment 264 #
2015/0281(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
Member States shall take the necessary measures to ensure that soliciting another person to commit or contribute to the commission of one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 271 #
2015/0281(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Member States shall take the necessary measures to ensure that to wilfully receive instruction, from another person, including on obtaining knowledge or practical skills, in the making or use of explosives, firearms or other weapons or noxious or hazardous substances, or in other specific methods or techniques, forwith the purpose of committing of orintent to commit or to contributinge to the commission of one of the offences listed in points (a) to (h) of Article 3(2) is punishable as a criminal offence when committed intentionally.
Amendment 285 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
Member States shall take the necessary measures to ensure that the act of travelling to another country for the purpose of the commission of or contribut, if it can be demonstrated that the intended purpose of that travel is to commit or contribute to the commission tof a terrorist offence referred to in Article 3, theo participatione in the activities of a terrorist group referred to in Article 4 or theo providinge or receiving ofe training for terrorism referred to in Articles 7 and 8 is punishable as a criminal offence when committed intentionally.
Amendment 288 #
2015/0281(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
Member States shall strengthen the timely exchange of any available relevant information concerning persons travelling abroad for the purpose of terrorism. For that purpose, each Member state shall designate a point of contact available on a 24/7 basis. A Member state can choose to designate an already existing point of contact. This point of contact shall have the capacity to carry out communications with the point of contact of another Member State on an expedited basis;
Amendment 293 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Member States shall take the necessary measures to ensure that any person providing or collecting funds, by any means, directly or indirectly, with the intention that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally.
Amendment 301 #
2015/0281(COD)
Proposal for a directive
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
3. This offence shall apply, regardless of whether the person alleged to have committed the offence(s) is in the same country or a different country from the one in which the terrorist(s)/terrorist organisation(s) is located or the terrorist act(s) occurred or will occur.
Amendment 302 #
2015/0281(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
Member States shall take the necessary measures to ensure that aggravated theft with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 307 #
2015/0281(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall take the necessary measures to ensure that extortion with a view to committing one of the offences listed in Article 3 and Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 308 #
2015/0281(COD)
Proposal for a directive
Article 14 – title
Article 14 – title
Drawing up and using false administrative documents to committing a terrorist offence
Amendment 311 #
2015/0281(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
Member States shall take the necessary measures to ensure that drawing up and using false administrative documents with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 and article 9 is punishable as a criminal offence when committed intentionally.
Amendment 355 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Each Member State shall take the measures required to establish its jurisdiction in respect of the offences referred to in Article 4 in cases where the perpetrator is present on its territory.
Amendment 356 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 2 – introductory part
Article 21 – paragraph 2 – introductory part
2. When an offence falls within the jurisdiction of more than one Member State and when any of the States concerned can validly prosecute on the basis of the same facts, the Member States concerned shall cooperate in order to decide which of them will prosecute the offenders with the aim, if possible, of centralising proceedings in a single Member State. To this end, the Member States mayshall have recourse to Eurojust in order to facilitate cooperation between their judicial authorities and the coordination of their action. Sequential account shall be taken of the following factors:
Amendment 364 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Amendment 365 #
2015/0281(COD)
Proposal for a directive
Article 21 a (new)
Article 21 a (new)
Article 21a Exchanges of information and cooperation concerning terrorist offences 1. Member States shall systematically flag up in the Schengen Information System any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive. 2. Member States shall systematically forward to Europol details of any person who is suspected of having committed or who has been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 368 #
2015/0281(COD)
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Amendment 369 #
2015/0281(COD)
Proposal for a directive
Article 21 b (new)
Article 21 b (new)
Article 21b PNR information exchanges Member States shall exchange all PNR data concerning persons who are suspected of having committed or who have been convicted of at least one of the offences referred to in Articles 3 to 14 of this Directive.
Amendment 370 #
2015/0281(COD)
Proposal for a directive
Article 21 c (new)
Article 21 c (new)
Article 21c Without prejudice to their own investigations or proceedings, the competent authorities of a Member State shall, without prior request, forward to the competent authority of another Member State information obtained within the framework of their own investigations, if the disclosure of such information can assist the Member State receiving the information in initiating or carrying out investigations or proceedings. The Member State providing the information may, pursuant to its national law, impose conditions on the use of such information by the Member State receiving the information. This Member State shall be bound by those conditions;
Amendment 371 #
2015/0281(COD)
Proposal for a directive
Article 21 c (new)
Article 21 c (new)
Article 21c Situation at the external borders of the Schengen area Member States must guarantee their border and coast guard services access to the relevant databases, in particular the Europol Information System.
Amendment 372 #
2015/0281(COD)
Proposal for a directive
Article 21 d (new)
Article 21 d (new)
Article 21d Measures to combat online radicalisation and incitement to terrorism Member States must work together with the Commission and internet service providers to develop a joint European strategy to combat online radicalisation and incitement to terrorism. That strategy must be regularly updated.
Amendment 373 #
2015/0281(COD)
Proposal for a directive
Article 21 d (new)
Article 21 d (new)
Article 21d The convicting Member State shall timely store criminal record information on convictions handed down on its territory, including fingerprints, against a national of another Member States, in the ECRIS database. Member State shall ensure the confidentiality and integrity of criminal record information transmitted to other Member States. Where appropriate, the Commission shall make a legislative proposal to amend this paragraph and align it with the future directive amending Council framework Decision 2009/315/JHA, as regards the ECRIS, and replacing Council Decision 2009/316/JHA.
Amendment 374 #
2015/0281(COD)
Proposal for a directive
Article 21 e (new)
Article 21 e (new)
Article 2e Member States shall make financial investigation an automatic component of all Counter-Terrorist investigations and share relevant financial intelligence information among all relevant actors.
Amendment 428 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall, by [24 months after the deadline for implementation of this Directive], submit a report to the European Parliament and to the Council, assessing the extent to which the Member States have taken the necessary measures to comply with this Directive. and of the effectiveness of the actions that member state have taken in terms of achieving the objective of this directive. On the basis of this evaluation, the Commission shall decide on the appropriate follow-up;
Amendment 432 #
2015/0281(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall, by [48 months after the deadline for implementation of this Directive], and every two years, submit a report to the European Parliament and to the Council, assessing the impact on fundamental rights, proportionality, the effectiveness and added value of this Directive on combating terrorism. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.
Amendment 46 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and, provided that those firearms have been deactivatedey have an appropriate safety mechanism.
Amendment 50 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 60 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order to ensure that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that categCommission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques fory even after they have been deactivated. Where those rules are not respected, Member States should take appropriate measures including the destruction of those firearmsnsuring that deactivated firearms are rendered irreversibly inoperable.
Amendment 63 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of, the deactivatedion of firearms, they should be registered in national registries.
Amendment 70 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian useHarmonisation of European technical specifications and standards is desirable. That harmonisation should involve machining the essential components of semi- automatic weapons to prevent the use of spare parts which could restore the weapon’s automatic nature. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is high. The capacity of magazines authorised for sale to private individuals should therefore be limited and criteria for the storage of these weapons and their ammunition should be laid down.
Amendment 72 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easilybeing erased and to clarify on which components the marking should be affixed, common Union rules on marking should be introduced.
Amendment 75 #
2015/0269(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The Member States should lay down safety criteria for the storage and transport of firearms; those criteria should be adapted to the number of weapons held and their level of danger.
Amendment 80 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and, their components and ammunition by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 88 #
2015/0269(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States and the traceability of firearms, the Commission should assess the necessary elements of a system to support such exchange ofprovide for compulsory access by all Member States to information contained in the computerised data-filing systems in place in Member States. The Commission’s assessment mayshould be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 90 #
2015/0269(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States onf authorisations granted and on refusalsll information on the weapons referred to in this directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adopting an act to enable the Member States to create such a systematic and compulsory system of exchange of information on authorisations granted and on refusalbetween the Member States. 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 to the Council.
Amendment 97 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a
Article 1 – paragraph 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
Amendment 103 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 107 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
1i. For the purposes of this Directive, "deactivated firearms" shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapable of removal, replacement or a modification that would permit the firearm to be reactivated in any way, in accordance with Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable."
Amendment 117 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
(2a) The Member States which create or have created a special status for collectors shall define the provisions of this Directive applicable to them.
Amendment 126 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or part placessential component as defined oin the marketArticle 1(1b) has been marked and registered in compliance with this Directive.
Amendment 134 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed principally to the receiver of the firearm but also to the other essential components of the firearm as defined in Article 1(1b).
Amendment 143 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a
Article 1 – paragraph 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Amendment 146 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 1
Article 4b – paragraph 1
1. Member States shall establish a system for the regulation of the activities of brokers and dealers. Such a system mayshall include one or more of the following measures:
Amendment 156 #
2015/0269(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established and holding in their possession firearms classified in category A acquired before the date of entry into force of this Directive should be able to keep those firearms in their possession subject to authorisation by the Member State concerned and, provided that those firearms have been deactivatedey have an appropriate safety mechanism.
Amendment 159 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
b) are not likely to be a danger to themselves, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicativevidence of such danger.
Amendment 160 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
ba) undertake to keep their weapons in accordance with the storage and transport criteria laid down by the laws of their Member State of residence and as referred to in Article 5(1a).
Amendment 162 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. In order to minimise the risk of theft of privately owned firearms classified in category B, Member States shall provide for safety criteria relating to the storage, possession and transport of firearms and ammunition. These criteria should be adapted to the level of danger of the firearm and the number of weapons held. Before issuing an authorisation for possession of a firearm, Member States may require private individuals to provide proof that they possess the security installation necessary for storage of firearms in accordance with the requirements of their legislation.
Amendment 165 #
2015/0269(COD)
Proposal for a directive
Recital 5
Recital 5
Amendment 183 #
2015/0269(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Taking into consideration the high risk of reactivating badly deactivated weapons and in order to enhance security across the Union, deactivated firearms should be covered by this Directive. Additionally, for the most dangerous firearms stricter rules should be introduced in order toCommission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensureing that those firearms are not allowed to be owned or traded. Those rules should also apply to firearms of that category even after they have bedeactivated firearms are ren deactivated. Where those rules are not respected, Member Statesred irreversibly inoperable should be take appropriate measures including the destruction of those firearmsn into account. _______________ 1a OJ L 333, 19.12.2015, p. 62.
Amendment 190 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive], provided they have beean adeactivated in accordance with the provisions that implement Article 10(b)quate safety mechanism.
Amendment 196 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 3
Article 6 – paragraph 3
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. It shall be strictly prohibited to sell arms, essential components of arms, or ammunition to individuals by mail or online.
Amendment 201 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Directive 91/477/EEC
Article 7 – paragraph 3 – subparagraph 2 (new)
Article 7 – paragraph 3 – subparagraph 2 (new)
6a) In Article 7, the following subparagraph is added to paragraph 3: The data on firearms belonging to category B, as well as any decision to authorise or refuse the acquisition or possession of such firearms, should be recorded on the computerised data-filing systems maintained by the Member States and should be directly accessible to the competent authorities of all Member States.
Amendment 208 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7 a (new)Directive 91/477/EEC
Article 1 – paragraph 1 – point 7 a (new)Directive 91/477/EEC
Article 8 – paragraph 1 – subparagraph 2a (new)
7a) In Article 8, the following subparagraph is added to paragraph 1: The data on firearms belonging to category C should be recorded on the computerised data-filing systems maintained by the Member States and should be directly accessible to the competent authorities of all Member States.
Amendment 211 #
2015/0269(COD)
Proposal for a directive
Recital 8
Recital 8
(8) In order to ensure the traceability of, the deactivatedion of firearms, they should be registered in national registries.
Amendment 213 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10a – paragraph 1
Article 10a – paragraph 1
Member States shall take all necessary measures to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms. The Member States shall also ensure that these arms have been marked in line with Article 4(1) of this directive and that they are recorded on the computerised data- filing systems maintained by the Member States.
Amendment 219 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10b – paragraph 1
Article 10b – paragraph 1
Having regard to Commission Regulation 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable, Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate orand record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm. Member States shall designate the competent authority to carry out the deactivation of firearms and transmit them to the Commission by [date] at the latest.
Amendment 221 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Directive 91/477/EEC
Article 10b – paragraph 2
Article 10b – paragraph 2
Amendment 222 #
2015/0269(COD)
Proposal for a directive
Recital 9
Recital 9
(9) Some semi-automatic firearms can be easily converted to automatic firearms, thus posing a threat to security. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is high. Such semi-automatic weapons should therefore be banned for civilian use. Harmonisation of European technical specifications and standards is desirable. That harmonisation should involve machining the essential components of semi- automatic weapons to prevent the use of spare parts which could restore the weapon’s automatic nature. Even in the absence of conversion to category "A", certain semi-automatic firearms may be very dangerous when their capacity regarding the number of rounds is high. The capacity of magazines authorised for sale to private individuals should therefore be limited and criteria for the storage of these weapons and their ammunition should be laid down.
Amendment 227 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The competent authorities of the Member States shall exchange informatall the information in their possession on the authorisations granted for the transfers of firearms to another Member State as well asnd refusals to grant authorisations, information with regard to authorisations and refusals to grant authorisations as defined in Article 7, as well as the declarations within the meaning of Article 8.
Amendment 233 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 2
Article 17 – paragraph 2
The Commission shall, by [date], assess the necessary elements of a system for the exchange ofallowing each Member State to access information contained in the computerised data-filing systems referred to in Article 4(4) between the Member States. The Commission's assessment shall be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 240 #
2015/0269(COD)
Proposal for a directive
Recital 10
Recital 10
(10) To avoid that markings are easilybeing erased and to clarify on which components the marking should be affixed, common Union rules on marking should be introduced.
Amendment 241 #
2015/0269(COD)
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) The Member States should lay down safety criteria for the storage and transport of firearms; those criteria should be adapted to the number of weapons held and their level of danger.
Amendment 243 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 7
Annex I – part II – point A – Category A – point 7
Amendment 249 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point i
Article 1 – paragraph 1 – point 13 – point a – point i
Directive 91/477/EEC
Annex I – part II – point A – Category A – point 8
Annex I – part II – point A – Category A – point 8
Amendment 253 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point ii
Article 1 – paragraph 1 – point 13 – point a – point ii
Amendment 259 #
2015/0269(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 13 – point a – point iii
Article 1 – paragraph 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – Category C – point 5
Annex I – part II – point A – Category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replicas;
Amendment 267 #
2015/0269(COD)
Proposal for a directive
Recital 12
Recital 12
(12) Selling arrangements of firearms and, their components and ammunition by means of distance communication may pose a serious threat to security as they are more difficult to control than the conventional selling methods, especially as regards the on line verification of the legality of authorisations. It is therefore appropriate to limit the selling of arms and components by means of distance communication, notably internet, to dealers and brokers.
Amendment 293 #
2015/0269(COD)
Proposal for a directive
Recital 14
Recital 14
(14) In order to improve the functioning of the information exchange between Member States and the traceability of firearms, the Commission should assess the necessary elements of a system to support such exchange ofprovide for compulsory access by all Member States to information contained in the computerised data-filing systems in place in Member States. The Commission's assessment mayshould be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 299 #
2015/0269(COD)
Proposal for a directive
Recital 15
Recital 15
(15) In order to ensure appropriate exchange of information between the Member States onf authorisations granted and on refusalsll information on the weapons referred to in this Directive, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of adopting an act to enable the Member States to create such a systematic and compulsory system of exchange of information on authorisations granted and on refusalbetween the Member States. 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 to the Council.
Amendment 326 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 91/477/EEC
Article 1 – paragraph 1b
Article 1 – paragraph 1b
For the purposes of this Directive, “essential component” shall mean the barrel, frame, receiver, loading device, slide or cylinder, bolt or breaech block and any device designed or adapted to diminish the sound caused by firing a firearm which, being separate objects, are included in the category of the firearms on which they are or are intended to be mounted.
Amendment 338 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 91/477/EEC
Article 1 – paragraph 1e a (new)
Article 1 – paragraph 1e a (new)
(ba) The following paragraph is added: ‘1ea. The Member States which create or have created a special status for collectors shall specify the provisions of this Directive that are applicable to them.’
Amendment 358 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1h
Article 1 – paragraph 1h
Amendment 369 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 1 – point c
Article 1 – point 1 – point c
Directive 91/477/EEC
Article 1 – paragraph 1i
Article 1 – paragraph 1i
1i. For the purposes of this Directive, “deactivated firearms” shall mean firearms that have been modified with the purpose of rendering them permanently unfit for use by deactivation, ensuring that all essential parts of the firearm have been rendered permanently inoperable and incapampossible tof removale, replacement or a modificationy that would permit the firearm to be reactivated in any way, in accordance with Commission Implementing Regulation (EU) 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable1a. _______________ 1a JO L 333, 19.12.2015, p. 62.
Amendment 433 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall ensure that any firearm or part placessential component as defined oin the marketArticle 1(1b) has been marked and registered in compliance with this Directive.
Amendment 462 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 3
Article 1 – point 3
Directive 91/477/EEC
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
The marking shall be affixed principally to the receiver of the firearm but also to the other essential components of the firearm as defined in Article 1(1b).
Amendment 489 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 4 – point a
Article 1 – point 4 – point a
Directive 91/477/EEC
Article 4 – paragraph 4 – subparagraph 1 – second sentence
Article 4 – paragraph 4 – subparagraph 1 – second sentence
This filing system shall recinclude the following information ford each firearm’s: the type, make, model, calibre and serial number, as well as the names and addresses of the supplier and the person acquiring or possessing the firearm. The record of firearms, including deactivated firearms, shall be maintained until destruction of the firearm has been certified by the competent authorities. Member States shall, by [date] at the latest, provide the competent authorities of all other Member States with direct access to the information held in their national registers. To that end, they shall designate the authority responsible for granting such access and communicate its name to the Commission.
Amendment 504 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 5
Article 1 – point 5
Directive 91/477/EEC
Article 4b – paragraph 1
Article 4b – paragraph 1
1. Member States shall establish a system for the regulation of the activities of brokers and dealers. Such a system mayshall include one or more of the following measures:
Amendment 530 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) are not likely to be a danger to themselves, to public order or to public safety; having been convicted of a violent intentional crime shall be considered as indicativevidence of such danger.
Amendment 532 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) undertake to keep their weapons in accordance with the storage and transport criteria laid down by the laws of their Member State of residence and as referred to in Article 5(1a).
Amendment 545 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. In order to minimise the risk of theft of privately owned firearms classified in category B, Member States shall provide for safety criteria relating to the storage, possession, and transport of firearms and ammunition. The criteria shall be appropriate to the level of danger of the firearm and the number of weapons held. Before issuing an authorisation for possession of a firearm, Member States may require private individuals to furnish proof that they possess the security installation necessary for storage of firearms in accordance with the requirements of their legislation.
Amendment 614 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 91/477/EEC
Article 6 – paragraph 2
Article 6 – paragraph 2
Member States may authorise bodies concerned with the cultural and historical aspects of weapons and recognised as such by the Member State in whose territory they are established to keep in their possession firearms classified in category A acquired before [the date of entry into force of this Directive], provided that they have been deactivated in accordance with the provisions that implement Article 10(b)suitable safety facilities.
Amendment 634 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
The acquisition of firearms and their parts and ammunition concerning categories A, B and C by means of distance communication, as defined in Article 2 of Directive 97/7/EC of the European Parliament and of the Council(*), shall be authorised only with respect to dealers and brokers and shall be subject to the strict control of the Member States. It shall be strictly prohibited to sell weapons, essential components thereof, or ammunition to individuals by mail or online.
Amendment 653 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 6 a (new)
Article 1 – point 6 a (new)
Directive 91/477/EEC
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
6a) In Article 7, the following subparagraph is added to paragraph 3: 'The data on category B firearms, as well as any decision to authorise or refuse the acquisition or possession of such firearms, should be recorded on the computerised data-filing systems maintained by the Member States and should be directly accessible to the competent authorities of all Member States.'
Amendment 673 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 7 a (new)
Article 1 – point 7 a (new)
Directive 91/477/EEC
Article 8 a (new)
Article 8 a (new)
7a. The following Article is inserted: 'Article 8a The data on category C firearms shall be recorded in the computerised data-filing systems maintained by the Member States and shall be directly accessible to the competent authorities of all Member States.'
Amendment 684 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 a – paragraph 1
Article 10 a – paragraph 1
Member States shall take all necessary measures to ensure that alarm and signal weapons as well as salute and acoustic weapons cannot be converted into firearms. The Member States shall also ensure that these arms have been marked in line with Article 4(1) of this directive and that they are recorded on the computerised data- filing systems maintained by the Member States.
Amendment 691 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b – paragraph 1
Article 10 b – paragraph 1
Having regard to Commission Regulation 2015/2403 of 15 December 2015 establishing common guidelines on deactivation standards and techniques for ensuring that deactivated firearms are rendered irreversibly inoperable1a, Member States shall make arrangements for the deactivation of firearms to be verified by a competent authority in order to ensure that the modifications made to a firearm render it irreversibly inoperable. Member States shall, in the context of this verification, provide for the issuance of a certificate orand record attesting to the deactivation of the firearm or the apposition of a clearly visible mark to that effect on the firearm. Member States shall designate the competent authority to carry out the deactivation of firearms and transmit them to the Commission by ... [date] at the latest. 1a OJ L 333, 19.12.2015, p. 62.
Amendment 697 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 8
Article 1 – point 8
Directive 91/477/EEC
Article 10 b – paragraph 2
Article 10 b – paragraph 2
Amendment 713 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 9
Article 1 – point 9
Directive 91/477/EEC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The competent authorities of the Member States shall exchange all the information in their possession on the authorisations granted and refusals to grant authorisations for the transfers of firearms to another Member State as well as, information with regard to authorisations and refusals to grant authorisations as defined in Article 7, as well as the declarations within the meaning of Article 8.
Amendment 738 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 12
Article 1 – point 12
Directive 91/477/EEC
Article 17 – paragraph 2
Article 17 – paragraph 2
The Commission shall, by [date], assess the necessary elements of a system for the exchange ofallowing each Member State to access information contained in the computerised data-filing systems referred to in Article 4(4) between the Member States. The Commission's assessment shall be accompanied, if appropriate, by a legislative proposal taking into account existing instruments regarding exchange of information.
Amendment 766 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/CEE
Annexe I – part II – point A – category A – point 7
Annexe I – part II – point A – category A – point 7
Amendment 775 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point i
Article 1 – point 13 – point a – point i
Directive 91/477/CEE
Annex I – part II – point A – category A – point 8
Annex I – part II – point A – category A – point 8
Amendment 788 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point ii
Article 1 – point 13 – point a – point ii
Directive 91/477/EEC
Annex I – part II – point A – category B – point 7
Annex I – part II – point A – category B – point 7
Amendment 815 #
2015/0269(COD)
Proposal for a directive
Article 1 – point 13 – point a – point iii
Article 1 – point 13 – point a – point iii
Directive 91/477/EEC
Annex I – part II – point A – category C – point 5
Annex I – part II – point A – category C – point 5
5. Alarm and signal weapons, salute and acoustic weapons as well as replicas;
Amendment 42 #
2015/0211(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States. While Member States should temporarily retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commissioree years after this regulation enters into force, the Member States should eliminate their national lists of safe countries of origin.
Amendment 43 #
2015/0211(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) An EU common list of safe countries of origin should be established on the basis of the common criteria set in Directive 2013/32/EU as it will facilitate the use by all Member States of the procedures linked to the application of the safe country of origin concept and, thereby, increase the overall efficiency of their asylum systems as concerns applications for international protection which are likely to be unfounded. The establishment of an EU common list will also address some of the existing divergences between Member States’ national lists of safe countries of origin, whereby applicants for international protection originating from the same third countries are not always subject to the same procedures in the Member States, which runs counter to the objective of a common EU asylum system and could cause secondary movements of asylum seekers. While Member States should retain the right to apply or introduce legislation that allows for the national designation of third countries other than those appearing on the EU common list as safe countries of origin, the establishment of such a common list will ensure that the concept is applied by all Member States in a uniform manner in relation to applicants whose countries of origin are on this list. This will accordingly facilitate convergence in the application of procedures and thereby also deter secondary movements of applicants for international protection. In that context, the possibility to take in the future further steps of harmonisation that could lead to the elimination of the need for national lists of safe countries of origin should be considered after a period of three years following the entry into force of this Regulation, on the basis of a report to be presented by the Commission.
Amendment 45 #
2015/0211(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The establishment of an EU common list of safe countries of origin and the elimination of national lists of safe countries of origin can only lead to the full convergence of asylum procedures in the EU if the procedural stages and deadlines are harmonised, in particular in the case of accelerated procedures. The possibility to take additional harmonisation measures in connection with Directive 2013/32/UE should be envisaged.
Amendment 54 #
2015/0211(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The provisions of Directive 2013/32/EU related to the application of the safe country of origin concept should be applicable in relation to third countries that are on the EU common list established by this Regulation. This means, in particular, that the circumstance that a third country is on the EU common list of safe countries of origin cannot establish an absolute guarantee of safety for nationals of that country and does not dispense therefore with the need to conduct an appropriate individual examination of the application for international protection, including a personal interview as required by Article 14 of Directive 2013/32/EU. In addition, it should be recalled that, where an applicant shows that there are serious reasons to consider the country not to be safe in his or her particular circumstances, the designation of the country as safe can no longer be considered relevant for him or her. The same rule should automatically apply to third-country nationals who belong to a national, ethnic, religious or linguistic minority in that country. In line with Article 46 of Directive 2013/32/EU, Member States must guarantee all applicants the right to an effective remedy before a court or tribunal if their request for international protection is refused. They must also be given permission to remain in the territory until the time limit to exercise their right to an effective remedy has expired, and, if they have exercised that right within the time limit, while they await the outcome of the remedy.
Amendment 63 #
2015/0211(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The Commission should regularly review the situation in third countries that are on the EU common list of safe countries of origin. In case off a sudden change for the worse in the situation of a third country on the EU common list could lead to that country’s non-compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36 of Directive 2013/32/EU, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of suspending the presence of this third country from the EU common list for a period of one year where it considers, on the basis of a substantiated assessment, that the conditions set by Directive 2013/32/EU for regarding a third country as safe country of origin are no longer met. For the purpose of this substantiated assessment, the Commission should take into consideration a range of sources of information at its disposal including in particular, its Annual Progress Reports for third countries designated as candidate countries by the European Council, regular reports from the European External Action Service (EEAS) and the information from Member States, the European Asylum Support Office (EASO), the United Nations High Commissioner for Refugees (UNHCR), the Council of Europe and other relevant international organisations. The Commission should be able to extend the suspension of the presence of a third country from the EU common list for a period of maximum one year, where it has proposed an amendment to this Regulation in order to remove this third country from the EU common list of safe countries of origin. 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 to the Council.
Amendment 76 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Third countries listed in Annex I to this Regulation are designated as safe countries of origin.
Amendment 78 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The Commission shall regularly review the situation in third countries that are on the EU common list of safe countries of origin or suspended from the list in line with Article 3 of this regulation, and shall regularly review those countries’ compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36(a) of Directive 2013/32/EU, based on a range of sources of information, including in particular regular reporting from the EEAS and information from Member States, EASO, UNHCR, the Council of Europe and other relevant international organisations.
Amendment 83 #
2015/0211(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. The Commission shall regularly examine the situation in third countries and the possibility of proposing to add them to the EU common list of safe countries of origin. Any amendment of the EU common list of safe countries of origin shall be adopted in accordance with the ordinary legislative procedure.
Amendment 91 #
2015/0211(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. In case of sudden changes in the situation of a third country that is on the EU common list of safe countries of origin, the Commission shall conduct a substantiated assessment of the fulfilment by that country of the conditions set in Annex I of Directive 2013/32/EU and, if could lead to that country’s non- compliance with the conditions for the designation of a country as a safe country of origin set out under Article 36 of Directive 2013/32/EU set out under Article 36(a) of Directive 2013/32/EU, the Commission shall conduct a reasoned assessment of that country’s compliance with those conditions and, if they are no longer met, shall adopt, in accordance with Article 290 TFUE, a Decision suspending the presence of that third country from the EU common list for a period of one year.
Amendment 105 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2013/32/EU
Article 36 – paragraph 1
Article 36 – paragraph 1
1. A third country designated as a safe country of origin in accordance with this Directive by national law or that is on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 of the European Parliament and of the Council* [this Regulation] may, after an individual examination of the application, including a personal interview as required by Article 14, be considered as a safe country of origin for a particular applicant only if:
Amendment 107 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2013/32/EU
Article 36 – paragraph 1 – point a
Article 36 – paragraph 1 – point a
a) he or she has the nationality of that country and does not belong to one of the national, ethnic, religious or linguistic minorities of that country;
Amendment 108 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Directive 2013/32/EU
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
"1a. The third countries in Annex I of this directive and in Annex I of Regulation (EU) No XXXX/2015 (this regulation) are third countries that have been designated as safe countries of origin and make up the EU common list of safe countries of origin.’
Amendment 110 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1 a (new)
Article 4 – paragraph 1 – point 1 a (new)
Directive 2013/32/EU
Article 36 a (new)
Article 36 a (new)
Amendment 113 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
Directive 2013/32/EU
Article 37 – paragraph 1
Article 37 – paragraph 1
1. “1. For the three years following the entry into force of Regulation (EU) No XXXX/2015 [this regulation], Member States may retain or introduce legislation that allows, in accordance with Annex I, for the national designation of safe countries of origin other than those on the EU common list of safe countries of origin established by Regulation (EU) No XXXX/2015 [this Regulation] for the purposes of examining applications for international protection”.
Amendment 117 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
Directive 2013/32/EU
Article 46 – paragraph 6 – point a
Article 46 – paragraph 6 – point a
2a. Article 46(6)(a) is replaced by the following: (a) considering an application to be manifestly unfounded in accordance with Article 32(2) or unfounded after examination in accordance with Article 31(8), except for cases where these decisions are based on the circumstances referred to in Article 31(8)(b) and(h); and (h);
Amendment 119 #
2015/0211(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 3
Article 4 – paragraph 1 – point 3
Directive 2013/32/EU
Annex I – title
Annex I – title
Amendment 131 #
2015/0125(NLE)
Proposal for a decision
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Italy and Greece shall, aAt regular intervals during the period of application of this Decision, EASO with the assistance of EASOItaly and Greece and, where applicable, of Member States' liaison officers referred to in paragraph 8, shall identify the individual applicants to be relocated to the other Member States and, priority being given to that purpose to vulnerable applicants within the meaning of Article 22 of Directive 2013/33/EU. Italy and Greece shall then communicate to the contact points of those Member States and to EASO the numberthe number and the list of applicants that can be relocated. Priority shall be given for that purpose to vulnerable applicants within the meaning of Article 22 of Directive 2013/33/EU, with, where applicable, the preferences expressed by applicants to certain Member States.
Amendment 166 #
2015/0125(NLE)
Proposal for a decision
Article 11 a (new)
Article 11 a (new)
Article 11a By July 2016 the Commission, with the support of the European Agency for Fundamental Rights, shall present an impact assessment on the respect of the Fundamental Rights at the borders, in particular during the finger printing process.
Amendment 77 #
2015/0009(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the European Fund for Strategic Investments and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013
Amendment 160 #
2015/0009(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) The investment environment within the Union should be improved by removing barriers to investment, reinforcing the Single Market and by enhancing regulatory predictability, in particular by completing the opening of the digital, transport, energy and telecoms markets . The work of the EFSI, and investments across Europe generally, should benefit from this accompanying work.
Amendment 290 #
2015/0009(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The EFSI should target projects with a higher risk-return profile than existing EIB and Union instruments to ensure additionality over existing operations. The EFSI should aim at financeing projects across the Union, including in the countries most affected by the financial criswhole of the Union by taking into account the criteria of additionality and high-risk-profile in its investment policies i.e. by ensuring that selected projects are projects which could not have found a financing on the market otherwise. The EFSI should only be used where financing is not available from other sources on reasonable terms.
Amendment 310 #
2015/0009(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The EFSI should target investments that are expected to be economically and technically viable, which may entail a high degree of appropriate risk, whilst still meeting the particular requirements for EFSI financing.
Amendment 453 #
2015/0009(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to cover the risks related to the EU guarantee to the EIB, a guarantee fund should be established. The guarantee fund should be constituted by a gradual paymentcontribution from the Union budget. The guarantee fund should subsequently also receive revenues and repayments from projects that benefit from EFSI support and amounts recovered from defaulting debtors where the guarantee fund has already honoured the guarantee to the EIB.
Amendment 479 #
2015/0009(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) To partially finance the contribution from the Union budget, the available envelopes of the Horizon 2020 – the Framework Programme for Research and Innovation 2014-2020, provided by Regulation (EU) No 1291/2013 will be progressively authorised by a decision of the European Parliament and of the Council2 , and the Connecting Europe Facility, provided by Regulation (EU) No in the framework of the annual budgetary procedures up to 2020, using in priority all provisions under Council regulation (EU, Euratom) n°13161/2013 of the European Parliament and of the Council3 , should be reduced. Those programmes serve purposes that are not replicated by the EFSI. However, the reduction of both programmes to finance the guarantee fund is expected to ensure a grealaying down the multiannual financial framework for the years 2014- 2020, in particular its articles 5, 11, 13 and 14, as well as any budgetary surplus entered investment in certain areas of their respective mandates than is possible through the existing programmes. The EFSI should be able to leverage the EU guarantee to multiply the financial effect within thto the general budget of the European Union, and avoiding to affect programmes that already serve an investment purpose, areas of research, development and innov operational and transport, telecommunications and energy infrastructure compared to if the resources had been spent via grants within the planned Horizon 2020 and Connecting Europe Facility programmes. It is, therefore, appropriate to redirect part of the funding presently envisaged for those programmes to the benefit of EFSI. __________________ 3Regulation (EU) No 1316/2013 of the European Parliament and of the Coucontain a possibility to use innovative financial instruments. Therefore, envelops of programmes under the sub-heading 1A of the multiannual financial 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)framework could be reduced only if proved necessary and as a last resort solution.
Amendment 523 #
2015/0009(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to ensure an appropriate coverage of the EU guarantee obligations and to ensure the continued availability of the EU guarantee, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission with respect to the adjustment of the amounts to be paid in from the general budget of the Union and to amend Annex I accordingly. 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 to the Council.
Amendment 596 #
2015/0009(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The EFSI Agreement shall be open to accession by Member States. Subject to the consent of existing contributors, the EFSI Agreement shall also be open to accession by other third parties, including national promotional banks or public agencies owned or controlled by Member States, and private sector entities. The Member States and other third parties may not take part in the EFSI governance structure.
Amendment 787 #
2015/0009(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
For as long as the only contributors to the EFSI are the Union and the EIB, the number of members and votes within the Steering Board shall be allocated based on the respective size of contributions in the form of cash or guaranteesSteering Board shall comprise four members: three appointed by the Commission and one by the EIB. The Steering Board shall elect a Chairperson from among its members for a fixed term of three years renewable once.
Amendment 864 #
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 areas of operations that pursue the general objectives of the EFSI. The Investment Committee shall be appointed by the Steering Board for a renewable fixed term of three years renewable once.
Amendment 1126 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) paymentcontributions from the general budget of the Union,
Amendment 1134 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) any other paymentcontributions received by the Union in accordance with the EFSI Agreement.
Amendment 1138 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. Endowments to the guarantee fund provided for in points (b), (c) and (d) of paragraph 2 shall constitute internal assigned revenues in accordance with Article 21(4) of Regulation (EU) No 966/2012.
Amendment 1148 #
2015/0009(COD)
Proposal for a regulation
Article 8 – paragraph 5 – subparagraph 2
Article 8 – paragraph 5 – subparagraph 2
The target amount shall initially be met by the gradual paymentmobilisation of resources referred to in paragraph 2(a). If there have been calls on the guarantee during the initial constitution of the guarantee fund, endowments to the guarantee fund provided for in points (b), (c) and (d) of paragraph 2 shall also contribute to meet the target amount up to an amount equal to the calls on the guarantee.
Amendment 1277 #
2015/0009(COD)
Proposal for a regulation
Article 10 – paragraph 6
Article 10 – paragraph 6
6. The Commission shall, by 30 June of each year, send to the European Parliament, the Council and the Court of Auditors an annual report ondetailing the situation of the guarantee fund and the management thereof in the previous calendar year, and the compliance with articles 5, 7 and 8 of this regulation.
Amendment 1397 #
2015/0009(COD)
Proposal for a regulation
Article 18
Article 18
Regulation (EU) N°1291/2013
Article 6 – paragraphs 1, 2 and 3
Article 6 – paragraphs 1, 2 and 3
Amendment 1440 #
2015/0009(COD)
Proposal for a regulation
Article 19
Article 19
Regulation (EU) N°1316/2013
Article 5, paragraph 1
Article 5, paragraph 1
Amendment to Regulation (EU) No In Article 5 of Regulation (EU) No 1316/2013, paragraph 1 is replaced by the following: ‘ 1. The financial envelope for the implementation of the CEF for the period 2014 to 2020 is set at EUR 29 942 259 000 (*) in current prices. That amount shall be distributed as follows: (a) transport sector: EUR 23 550 582 000, of which EUR 11 305 500 000 shall be transferred from the Cohesion Fund to be spent in line with this Regulation exclusively in Member States eligible for funding from the Cohesion Fund; (b) telecommunications sector: EUR 1 041 602 000; (c) energy sector: EUR 5 350 075 000. These amounts are without prejudice to the application of the flexibility mechanism provided for under Council Regulation (EU, Euratom) No 1311/2013(*). (*) Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-20 (OJ L 347, 20.12.2013, p. 884). ’rticle 19 deleted 1316/2013
Amendment 1472 #
Amendment 9 #
2014/2254(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the UN Convention on the Rights of Persons with Disabilities, adopted in New York on 13 December 2006,
Amendment 13 #
2014/2254(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
– having regard to the United Nations Convention on the Rights of the Child, adopted in New York on 20 November 1989,
Amendment 14 #
2014/2254(INI)
Motion for a resolution
Citation 8 a (new)
Citation 8 a (new)
– having regard to the following General Comment of the UN Committee on the Rights of the Child: No 7 (2005) on implementing child rights in early childhood, No 9 (2006) on the rights of children with disabilities, to No 10 (2007) on children's rights in juvenile justice, No 12 (2009) on the right of the child to be heard, No 13 (2011) on the right of the child to freedom from all forms of violence, No 14 (2013) on the right of the child to have his or her best interests taken as a primary consideration,
Amendment 35 #
2014/2254(INI)
Motion for a resolution
Citation 15
Citation 15
– having regard to Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data2 , __________________ 2, to Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, and to Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, __________________ 2 OJ L 281, 23.11.1995, p. 31. OJ L 281, 23.11.1995, p. 31.
Amendment 37 #
2014/2254(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the EU Strategy towards the Eradication of Trafficking in Human Beings 2012-2016, in particular the provisions on financing the development of guidelines on child protection systems and on the exchange of best practices,
Amendment 38 #
2014/2254(INI)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to Commission recommendation 2013/112/EU of 20 February 2013 entitled 'Investing in children: breaking the cycle of disadvantage'
Amendment 39 #
2014/2254(INI)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to its resolution of 12 September 2013 on the situation of unaccompanied minors in the EU(4) ,
Amendment 40 #
2014/2254(INI)
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the 1979 UN Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and to the Beijing Platform for Action, to its resolutions of 25 February 2014 with recommendations to the Commission on combating violence against women and of 6 February 2014 on the Commission communication entitled 'Towards the elimination of female genital mutilation', and to the Council conclusions of 5 June 2014 on preventing and combating all forms of violence against women and girls, including female genital mutilation,
Amendment 58 #
2014/2254(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
– having regard to its Resolution on 25th anniversary of the UN Convention on the Rights of the Child of 27 November 2014
Amendment 187 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure coordination within its different services with a view to effectively mainstreaming children's rights in all EU legislative proposals, policies and financial decisions;
Amendment 188 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Reiterates its call on the Commission to propose a new child rights strategy and action plan for the next five years, building on and upgrading the EU Agenda on the Rights of a Child;
Amendment 189 #
2014/2254(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on Member States to ensure that the principle of the best interests of the child is respected in all legislation and decisions taken at all levels and encourages Member States to share best practices with a view to improving the correct application of the principle of the best interests of the child across the EU;
Amendment 196 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Urges the Commission to ensure that any such internal strategy is accompanied by an action plan, series of legislative proposals, in the context of the Treaties currently in forder to supplement and strengthen thece, with a view to adopting a European Democratic Governance Pact in an effort to: (a) establish a scoreboard for democracy, the rule of law and fundamental rights so that each Member Strategic Framework on Human Rights and Democracy already applied in EU external relations; notes that the strategy should: is assessed periodically. – With that aim in view, the Commission should set up a group of experts with a remit to establish the indicators by which democracy, the rule of law and fundamental rights will be measured. These indicators should reflect the Copenhagen political criteria governing accession and the values and rights laid down in Article 2 of the Treaties and the Charter of Fundamental Rights. – The indicators should be drawn up on the basis of existing standards, such as those developed by the UN and the Council of Europe, and the contributions of the European Union Agency for Fundamental Rights, existing international bodies and civil society organisations operating in the area of human rights and fundamental freedoms should be taken into account.
Amendment 227 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. b) expand the remit and structure of the Agency for Fundamental Rights (FRA). The founding regulation of the FRA should be amended to expand the Agency’s remit and power so that it can monitor the common indicators concerning the rule of law and fundamental rights and the additional human and financial resources it needs to carry out its new tasks, and do all this without detracting from its independence and impartiality, which are two of the Agency’s fundamental principles. – A rule of law and fundamental rights evaluation committee should be set up within the Agency (FRA Evaluation Committee) to analyse and evaluate the results of the regular monitoring of the indicators. – The FRA Evaluation Committee should publish an annual monitoring report containing a detailed evaluation of each Member State’s performance on the basis of the various indicators. – The Evaluation Committee could then recommend, on the basis of this annual report, that the Commission issue a formal warning if one or more indicators show that a Member State, or even several Member States, are violating the rule of law or fundamental rights.
Amendment 228 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 229 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on EU Institutions to consider EU Treaty change in order to allow for the Democratic Governance Pact (DGP) to be fully functioning, in particular by; (a) Expanding the role of the Court of Justice of the European Union by creating a new specific procedure to enforce the rule of law principle of Article 2 TEU in a Member State by means of an infringement procedure brought by the Commission or another Member State before the Court of Justice of the European Union (CJEU); (b) Revising Article 7 of the EU Treaty, adding an 'application of Article 2 of the EU Treaty' stage, separating the 'risk' stage from the 'violation' stage, with different thresholds for the majorities provided for, a strengthening of technical and objective (not only political) analysis, enhanced dialogue with the Member States' institutions and a wider range of detailed and predictable penalties which are applicable throughout the procedure (Michel, 2013); (c) Including a reference to the FRA in the Treaties, including a legal base making it possible to amend the Agency's founding regulation not by unanimity, as is currently the case, but via the ordinary legislative procedure; (d) Creating a possibility for national Parliament to refer a draft national law to the CJEU for an opinion on its compliance with the Treaties and the Charter of Fundamental Rights;
Amendment 230 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls for the setting-up – if possible by means of an interinstitutional agreement – of a ‘Copenhagen Committee’ made up of independent experts in the field of fundamental rights, some of whom should be appointed by Parliament, whose task would be to ensure that all the Member States uphold the common values laid down in Article 2 TEU and observe the ‘Copenhagen criteria’ at all times, and to issue recommendations and draw up reports on issues relating to fundamental rights until such time as the FRA regulation is modified, when the Agency should have greater powers to monitor each Member State’s performance in the area of fundamental rights, as Parliament has repeatedly urged.
Amendment 231 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Calls on the Commission to interpret the Charter of Fundamental Rights broadly so that it can, also on the basis of Article 2 TEU, initiate procedures to impose penalties if a Member State violates fundamental rights.
Amendment 232 #
2014/2254(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Asks each EU institution to check carefully and systematically that legislative texts being drawn up are consistent with the Charter of Fundamental Rights, including during the negotiation and trilogue phases.
Amendment 313 #
2014/2254(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores recent instances of discrimination and anti-Semitic and anti- Islamic discriminationviolence and the general climate of fear and vintolerance generated within society; calls on Member States to protect freedom of religion or thought, conscience, religion, belief or non-belief and to promote tolerance;
Amendment 341 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Strongly condemns attacks against places of worship and urges Member States not to allow such offences to go unpunished;
Amendment 353 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Condemns any form of violence against children, such as physical and sexual abuse, forced marriages, child labour, sexual exploitation, trafficking, honour killing, female genital mutilation, child soldiers and human shields; considers that tradition, culture and religion should never be used to justify violence against children; calls on the Member States to uphold their obligations and combat any form of violence against children, including by formally prohibiting and sanctioning corporal punishment against children; calls on the Member States to increase their cooperation and dialogue with third countries, to raise awareness and to advocate for children's rights to be respected everywhere in the world;
Amendment 358 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Recalls the importance of a neutral secular state in preventing discrimination against any religious, atheist or agnostic communities and guaranteeing equal treatment of all religions and beliefs; calls on the Member States to combat intolerance, fanaticism and religious extremism, particularly by promoting intercultural dialogue;
Amendment 361 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that children's personal data online must be duly protected and that children need to be informed in a child-friendly manner about the risks and consequences of using their personal data online; stresses that online profiling of children should be prohibited;
Amendment 368 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls on the Member States to ensure effective access to justice for all children, whether as suspects, perpetrators, victims or parties to proceedings;
Amendment 374 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Recalls that any antiterrorist initiatives by the Member States must comply with the principles of democracy, the rule of law and fundamental rights, especially the right to legal defence presumption of innocence, the right to a fair trial, the right to respect for privacy and protection of personal data; expresses its concern about secret hearings and judgments and the special media censorship powers granted to governments;
Amendment 378 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Urges the Member States not to tolerate torture or any other inhuman and degrading forms of treatment on their territory; calls on the Commission and the Member States to undertake proactive surveillance to ensure that no such practices occur within the Union;
Amendment 381 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Calls on the Commission to examine Member State antiterrorist legislation in the light of Article 2 TEU and the Charter of Fundamental Rights;
Amendment 383 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Welcomes the declaration of support for this priority measure by Commissioner Avramopoulos during his hearing before the European Parliament on 14 September 2014;
Amendment 385 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Calls on the Member States to evaluate publicly any national drafts or proposals for antiterrorist regulatory and legislative instruments in terms of their compliance with Article 2 TEU and the Charter of Fundamental Rights;
Amendment 386 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 j (new)
Paragraph 7 j (new)
7j. Welcomes the report by the US Senate on the CIA detention and interrogation programmes;
Amendment 387 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 k (new)
Paragraph 7 k (new)
7k. Strongly condemns the mass surveillance activities discovered to have been taking place since 2013 and deplores their continued existence; calls for clarification of these activities and in particular the current involvement of a number of Member States; calls on the Commission and the Member States to take full account of the requirements and recommendations of Parliament as set out in its resolution of 12 March 2014 on the protection of European citizens with regard to the processing of personal data, in particular concerning 'safe harbour' principles and the future framework agreement with the US;
Amendment 388 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 l (new)
Paragraph 7 l (new)
7l. Calls once more on the Member States to ensure that the activities of their intelligence services are consistent with fundamental rights and subject to parliamentary and judicial scrutiny;
Amendment 389 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 m (new)
Paragraph 7 m (new)
7m. Considers it essential for the EU to develop state-of-the-art expertise in the field of cybersecurity so as to ensure closer compliance in cyberspace with Articles 7 and 8 of the Charter;
Amendment 392 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 p (new)
Paragraph 7 p (new)
7p. Considers it essential to familiarise the public, in particular children, with the importance of personal data protection in cyberspace and the dangers to which they are exposed; calls on the Member States to launch awareness-raising campaigns in schools;
Amendment 445 #
2014/2254(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Strongly deplores the stalling of negotiations with the Council on thefact that the Council has still not adopted the 2008 proposal for an anti-discrimination directive and restates its appeal toagain urges the Council to adopt the proposal as soon as possibleby the end of this year;
Amendment 475 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission and the Member States to allow for the risk of twofold discrimination posed to women and girls belonging to groups already considered to be vulnerable, such as people with a disability, the homeless, LGBTI people, migrants, and the elderly;
Amendment 482 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Roundly condemns all forms of psychological and physical violence, including sexual violence, against women and girls; calls on the EU and Member States to ensure that victims are helped and protected;
Amendment 501 #
2014/2254(INI)
Motion for a resolution
Paragraph 10 l (new)
Paragraph 10 l (new)
10l. Recalls that the child’s best interests as referred to in Article 24 of the Charter must always be a prime consideration in any policy and measure adopted in relation to children;
Amendment 541 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a disability still face today; calls on the Commission and the Member States to implement the European Disability Strategy and to monitor and apply the relevant European legislation; calls on the European Commission to maximize synergies between the EU disability strategy and the provisions of the CEDAW and the UN Convention on the Rights of the Child;
Amendment 544 #
2014/2254(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Deplores the discrimination and exclusion that persons with a disability still face today; recalls that the Union and its Member States are parties to the United Nations Convention on the Rights of Persons with Disabilities; calls on the Commission and the Member States to continue to implement this Convention, to implement the European Disability Strategy and to monitor and apply the relevant European legislation;
Amendment 546 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. reiterates the importance of protecting and promoting equal access to all rights for Roma children;
Amendment 550 #
2014/2254(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Calls on the Commission to assess the compatibility of European legislation with the requirements of the UN Convention on the Rights of Persons with Disabilities and to evaluate any future proposal in the light of that Convention by means of its impact assessments;
Amendment 584 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns any forms of discrimination against children and calls on the Commission and Member States to make a united action to eradicate discrimination against children; in particular, calls on the Member States and the Commission to explicitly consider children as a priority when programming and implementing regional and cohesion policies, such as the European disability strategy, the EU framework for national Roma integration strategies and the EU’s equality and non-discrimination policy; reiterates the importance of protecting and promoting equal access to health care, dignified accommodation and education for Roma children;
Amendment 611 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 e (new)
Paragraph 13 e (new)
13e. Is disturbed at the growing presence of hate speech on the internet; encourages the Member States to detect and punish such speech, and calls on Member States to put in place a simple procedure enabling members of the public to report the presence of hate content on the internet;
Amendment 627 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 f (new)
Paragraph 13 f (new)
13f. Urges the EU to extend the mandate of Frontex so as to authorise it to carry out sea rescue operations;
Amendment 630 #
2014/2254(INI)
Motion for a resolution
Paragraph 13 h (new)
Paragraph 13 h (new)
13h. Stresses that building walls or barriers at borders cannot be an answer to migratory pressure, and is concerned that people in need of protection may be unable to find refuge as a result of these walls and barriers;
Amendment 684 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; calls on the Commission and the Member States to implement Parliament’s resolution of 12 September 2013 on the situation of unaccompanied minors in the EU; calls on the Member States to fully implement the Common European Asylum System package in order to improve the condition of unaccompanied minors in the EU; welcomes the Court of Justice judgment in Case C-648/11 , which stated that the Member State responsible for examining an asylum application made in more than one Member State by an unaccompanied minor is the State in which the minor is present after having lodged an application there; recalls that an unaccompanied minor is above all a child and that child protection, rather than immigration policies, must be the leading principle for Member States and the EU when dealing with them;
Amendment 686 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the Member States to take into account the specific needs of certain categories of particularly vulnerable migrants, such as women, children, LGBTI people, disabled people and elderly people;
Amendment 756 #
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; underlines the fact that – according to UNICEF’s report on the impact of the economic crisis on child well-being in rich countries - the rights to education, health and social protection of children and young people in the countries most affected by the crisis have been disproportionately harmed;
Amendment 874 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to assess the impact of detention policies and criminal justice systems on children; points out that across the EU children’s rights are directly affected in the case of children living in detention facilities with their parents; underlines the fact that an estimated 800.000 children in the EU are separated from an imprisoned parent each year, which impacts on the rights of children in multiple ways;
Amendment 884 #
Amendment 890 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22b. Calls on the Commission to develop a renewed EU Agenda for the Rights of the Child with a comprehensive, integrated and ambitious set of goals aiming at filling remaining gaps in existing national legislation, addressing child rights violations, ensuring better protection for all children, guaranteeing legal certainty and contributing to greater coherence of EU action, in line with Better Regulation principles;
Amendment 892 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 c (new)
Paragraph 22 c (new)
22c. Calls on the Commission to ensure increased coordination within its different services and effective mainstreaming of children’s rights across all the EU’s legislative proposals, policies and financial decisions; calls on the Commission to report annually on the progress made on the respect of the rights of children and the full implementation of the EU acquis on children’s rights; calls on the Commission to ensure that the mandate and resources of the children’s rights coordinator adequately reflect the EU’s commitment to systematically and effectively mainstreaming children’s rights;
Amendment 894 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 d (new)
Paragraph 22 d (new)
22d. Welcomes the forthcoming guidelines on integrated child protection system and stressed the need for an integrated and coordinated approach to ensure all children are protected against all forms of violence and neglect; underlines the importance of a common EU approach to finding missing children in the EU; calls on the Member States to increase police and judicial cooperation in cross-border cases involving missing children and to develop hotlines to search for missing children and support victims of child abuse;
Amendment 896 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 e (new)
Paragraph 22 e (new)
22e. Calls on the Member States to ratify without delay the Optional Protocol to the Convention on the Rights of the Child on a communications procedure; reiterates its call on the European Commission and the VP/HR to explore ways and means for the EU to accede to the UN Convention on the Rights of the Child;
Amendment 899 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 g (new)
Paragraph 22 g (new)
22g. Points out that the right of access which every person has to an impartial independent court is recognised by the Charter and central to the rule of law; expresses disquiet at the continuing corruption within the EU, which could jeopardise the enjoyment of that right; calls on the Member States to fight corruption and guarantee the independence of their judiciary;
Amendment 902 #
2014/2254(INI)
Motion for a resolution
Paragraph 22 j (new)
Paragraph 22 j (new)
22j. Considers that the protection of victims has to be a priority and calls for victims’ rights to be harmonised at European level; welcomes the fact that a regulation on mutual recognition of protection measures in civil matters was adopted in 2013; notes that the directive on victims’ rights has to be transposed by 16 November 2015; calls on the Member States to take every step required without delay in order to meet that deadline;
Amendment 7 #
2014/2253(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that EU Member States have an obligation to make use of the existing provisions on humanitarian visa in the Visa Code which constitutes an alternative to irregular entry routes by providing for the safe and legal entry of third-country nationals;
Amendment 761 #
2014/2248(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Concludes that the various terrorist attacks on European soil have proven that national security should be better ensured if it wasn’t an exclusive competence of the member states; proposes therefore to amend Article 4 TEU to make the national security a shared competence between EU and member states in order to, among others, facilitate the creation of a European intelligence service, possibly within Europol; stipulates that in the meantime in accordance with Article 73 TFEU nothing prevents the Member States to create these forms of cooperation between their services;
Amendment 11 #
2014/2243(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the establishment of 28 national legislations regulating the use of RPAS for civil purposes would result in fragmentation of the rules in force in the EU and would hinder the development of the single European RPAS market and the establishment of common guarantees designed to protect the fundamental rights of citizens to privacy, the protection of personal data, security and safety.
Amendment 14 #
2014/2243(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas solid, common European rules on RPAS for civil purposes will enable the necessary legal certainty for the economic development of a European RPAS industry to be safeguarded whilst ensuring the fundamental rights of European citizens.
Amendment 16 #
2014/2243(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas the development of RPAS for civil purposes will have positive repercussions for European industry, SMEs, growth and jobs, and in civil protection missions, humanitarian interventions and the protection of vital infrastructures.
Amendment 17 #
2014/2243(INI)
Draft opinion
Recital B d (new)
Recital B d (new)
Bd. whereas a distinction must be made between RPAS for recreational purposes and RPAS for professional purposes; whereas some particularly intrusive technologies must be prohibited in recreational use; whereas the high-power technology with which some RPAS for professional use are equipped must comply with the principles of proportionality and legitimacy.
Amendment 18 #
2014/2243(INI)
Draft opinion
Recital B e (new)
Recital B e (new)
Be. whereas RPAS and their uses can be particularly intrusive in the area of privacy and the protection of personal data; whereas the loss of the direct link between the device and its user engenders a sense of exoneration from the responsibility of its operation.
Amendment 19 #
2014/2243(INI)
Draft opinion
Recital B f (new)
Recital B f (new)
Bf. whereas the loss of control of an RPAS by its user might pose a considerable risk to people’s safety and security.
Amendment 20 #
2014/2243(INI)
Draft opinion
Recital B g (new)
Recital B g (new)
Bg. whereas the danger of drones being hijacked poses a real threat to internal security and constitutes an extra risk to the protection of data and privacy.
Amendment 24 #
2014/2243(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that the right to privacy is guaranteed by Article 7 of the Charter of Fundamental Rights and that the use of RPAS must not compromise this guarantee.
Amendment 27 #
2014/2243(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to ensure that, in the development of any EU policy on RPAS, privacy and data protection guarantees are embedded, by making, as a minimum requirement, impact assessments and privacy by design and by default compulsory; for all RPAS used in the EU; urges the Commission to take full account of the expertise of the European Data Protection Supervisor in this regard.
Amendment 31 #
2014/2243(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls on the Commission to ensure that RPAS used in the EU comply with strict standards in terms of the protection of citizens’ fundamental rights, security, safety, the protection of privacy and of personal data.
Amendment 34 #
2014/2243(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls on the Member States to organise training courses for professional users of RPAS, which should include a section on data protection and privacy fully integrating the European and national laws in force.
Amendment 35 #
2014/2243(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission to set up a single European information system in the form of a handbook for all purchasers of RPAS for recreational purposes to make sure they are fully informed of the European and national rules on data protection and the right to privacy, safety and security.
Amendment 36 #
2014/2243(INI)
Draft opinion
Paragraph 3 d (new)
Paragraph 3 d (new)
3d. Calls on the Commission to examine the obligation to fit RPAS with a traceability and identification system enabling their real-time position during use and their owners to be identified; calls on the Commission to investigate the possibility of setting up a corresponding database.
Amendment 37 #
2014/2243(INI)
Draft opinion
Paragraph 3 e (new)
Paragraph 3 e (new)
3e. Calls on the Commission to enable mutual recognition among the Member States of professional RPAS users in order to prevent any market obstacles for services involving the use of RPAS.
Amendment 38 #
2014/2243(INI)
Draft opinion
Paragraph 3 f (new)
Paragraph 3 f (new)
3f. Calls on the Commission to keep Parliament fully informed of any action – including impact studies – it intends to take in the area of RPAS;
Amendment 39 #
2014/2243(INI)
Draft opinion
Paragraph 3 g (new)
Paragraph 3 g (new)
3g. Calls on the Commission to finance research projects aimed at monitoring by technological means the use of RPAS (for example by geofencing) and projects aimed at reducing the risk of RPAS hijacking.
Amendment 53 #
2014/2243(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the TRAN and LIBE committees to arrange a joint hearing with representatives of industry, national privacy protection organisations, the European Data Protection Supervisor, the Commission and NGOs working in the area of fundamental rights.
Amendment 39 #
2014/2228(INI)
Motion for a resolution
Recital A
Recital A
A. whereas an ambitious agreement with the US mayshould support the reindustrialisation of Europe and help achieve the 2020 target for an increase of the EU’s GDP generated by industry from 15 % to 20 %; whereas it has the potential to create opportunities especially for SMEs, which suffer more from non-tariff barriers (NTBs) than larger companies; whereas an agreement between the two biggest economic blocs in the world has the potential to create standards, norms and rules which will be adopted at a global level, which would serve to the advantage of third countries as well and should make it possible to avoid a fragmentation of world trade;
Amendment 102 #
2014/2228(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas a diverse energy supply is essential for the European Union and TTIP could be an engine for the development of a strategic transatlantic energy partnership.
Amendment 138 #
2014/2228(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the wellbeing of ordinary citizens, workers and consumers has to be the benchmark for a trade agreement; whereas TTIP should be a model for a good trade agreement respondTTIP should be a model for a good trade agreement responding to multiple requirements and in particular facilitating the activities of producers of goods and services and of exporters and importers while meeting social and environmental objectives for the wellbeing tof these requirements; populations concerned;`
Amendment 182 #
2014/2228(INI)
Motion for a resolution
Recital H
Recital H
H. whereas President Juncker has clearly reiterated in his Political Guidelines that – while the EU and the US can go a significant step further in recognising each other’s product standards and working towards transatlantic standards – the EU will not sacrifice its safety, health, social, food, environmental and data protection standards or our cultural diversity, recalling that the safety of the food we eat and the protection of Europeans’ personal data are non- negotiable;
Amendment 188 #
2014/2228(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas his declarations have already been extended into the undertaking given by the European Trade Commissioner, Cecilia Malmström, and the American commerce representative, Michael Froman, on 20 March in Brussels, for the protection of public services in the commercial agreements negotiated by the EU and the United States;
Amendment 207 #
2014/2228(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the method for settling conflicts between investors and States must without fail be accessible, guarantee impartial treatment of the dispute, and include a possibility of appeal against the decision given in the lower court;
Amendment 210 #
2014/2228(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. whereas it is necessary to ensure that the investors cannot dispute, whatever the judicial mechanism, decisions of a general nature taken by the Member States relating to public service;
Amendment 221 #
2014/2228(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas, also, the salutary efforts of the Commission to persuade the American partner of the justification for increased openness in the negotiations, and the need to continue this proactive approach;
Amendment 293 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point a – point iv a (new)
Paragraph 1 – point a – point iv a (new)
(iva) to ensure that the fields coming within the exclusive jurisdiction of the Member States as universal services (for example in the fields of education, health and social security) are excluded from the negotiation mandate;
Amendment 394 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vi
Paragraph 1 – point b – point vi
(vi) to ensure an adequate carve-out of sensitive services such as public services and public utilities (including water, health, social security systems and education) allowing national and local authorities enough room for manoeuvre to legislate in the public interest; as joint declearation reflecting negotiators’ clear commitment to exclude these sectors from the negotiations would be very helpful in this regardly expressed by the negotiators in their joint declaration on the exclusion of public services from the scope of TTIP;
Amendment 429 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point vii
Paragraph 1 – point b – point vii
(vii) to combine market access negotiations on financial services with convergence in financial regulation on the highest level, in order to support the introduction of necessary regulation in order to preventinforce financial crises and in order tostability and support ongoing cooperation efforts in other international forums, such as the Basel Committee on Banking Supervision;
Amendment 456 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point viii a (new)
Paragraph 1 – point b – point viii a (new)
(viiia) to ensure that the trust between the EU and US, which was damaged by mass surveillance scandals, be rapidly and fully restored; to ensure that all transfers of data to the US comply with European law;
Amendment 460 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point ix
Paragraph 1 – point b – point ix
(ix) to ensure that European competition law is properly respected particularly in the digital world; to ensure that, in the margins of the TTIP negotiations, the European Commission makes additional efforts to develop an ambitious European digital policy.
Amendment 471 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point x
Paragraph 1 – point b – point x
(x) to keep in mind that the agreement should not risk prejudicing the Union’s cultural and linguistic diversity, including in the audiovisual, publishing and cultural services sectors, and that existing and future provisions and policies in support of the cultural sector, in particular in the digital world, are kept out of the scope of the negotiations;
Amendment 488 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi
Paragraph 1 – point b – point xi
(xi) to ensure that account is taken of the discrepancies in the openness of public procurement markets on both sides of the Atlantic and the huge interest on the part of European companies in obtaining access to public contracts in the US both at federal and state level, for example for construction services, traffic infrastructure and goods and services, civil engineering, airports, urban transport and energy infrastructure, while respecting sustainability criteria for procurement on both sides, inter alia the new EU procurement and concession package entering into force in 2016
Amendment 498 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point b – point xi a (new)
Paragraph 1 – point b – point xi a (new)
(xia) to ensure that the US increases the transparency of the adjudication process in force on its territory by establishing a single portal for the publication of invitations to tender so as to provide better visibility of public procurement contracts to foreign bidders;
Amendment 608 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point c – point iv a (new)
Paragraph 1 – point c – point iv a (new)
(iva) to ensure that decisions taken by the regulatory cooperation organisation responsible for establishing future common standards cannot deprive European Member States of the right to establish higher standards;
Amendment 683 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point vii
Paragraph 1 – point d – point vii
(vii) to ensure that in course of the negotiations the two sides examfined ways to facilitate natural gas and oil exports, so that TTIP would abolish any existing export restrictions on energy between the two trading partners, thereby supporting a diversification of energy sources; to ensure that the opening up of the energy market is supported by a strategic transatlantic energy partnership aiming to assure energy security for the EU.
Amendment 779 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xiv a (new)
Paragraph 1 – point d – point xiv a (new)
(xiva) ensure that negotiations on TTIP include a medium-term aim of establishing a permanent independent international court with jurisdiction to resolve disputes related to international investments;
Amendment 790 #
2014/2228(INI)
Motion for a resolution
Paragraph 1 – point d – point xv
Paragraph 1 – point d – point xv
(xv) to ensure that TTIP includes an ambitious Intellectual Property Rights (IPR) chapter that includes strong protection of precisely and clearly defined areas of IPR, including enhancedfull protection and recognition of European Geographical Indications (GIs), and reflects a fair and efficient level of protection such as laid out in the EU’s and the US’s free trade agreement provis (Protected Designations of Origin and Protected Indications of Origin) favouring the export of such products; to ensure in addition that TTIP reflects a fair and efficient level of protections in thise area of IPR, while continuing to confirm the existing flexibilities in the Agreement on Trade- Related Aspects of Intellectual Property Rights (TRIPS), notably in the area of public health;;
Amendment 2 #
2014/2224(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the "draft package" agreed, after difficult negotiations, by representatives of Parliament and Council during the trilogue of 8 December 2014 consists of three elements: Draft Amending Budgets No 3-8/2014 for an overall amount of EUR 49,8 million in commitment appropriations and additional EUR 3 529,6 million from fresh money in payment appropriations, so at least partially covering the current shortage in payments, the Union Budget for the year 2015 set at a level of EUR 145 321,5 million and EUR 141 214,0 million, in commitment and payment appropriations respectively, and six joint statements as well as three unilateral statements;
Amendment 5 #
2014/2224(BUD)
Motion for a resolution
Paragraph 1a (new)
Paragraph 1a (new)
1a. Underlines that, while enabling the Commission to respond to the most urgent payments needs in 2014, the level of additional payment appropriations brought to the 2014 budget will not be sufficient to solve the recurrent snowball effect of unpaid bills in 2015; hence, puts the emphasis on the joint statement on a payment plan which accompanies the agreement package on budget 2014 and budget 2015;
Amendment 9 #
2014/2224(BUD)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the increase of EUR 244,2 million in the overall level of commitment appropriations compared to the original position of the Council of 2 September 2014; is satisfied with the fact that the EUR 521,9 million of cuts by the Council in commitments have been fully reversed and that a further EUR 170,7 million of commitments have been added, including the full package of pilot projects and preparatory actions and EUR 95 million for Horizon 2020, COSME, ERASMUS and humanitarian Aid;
Amendment 31 #
2014/2224(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reaffirms its position that a newn in-depth reform of the system of Own Resources is vitally importantneeded to get out of the current impasses in budgetary negotiations and therefore attaches the highest importance to the work of the Monti group; High-Level Group on Own Ressources, under the chairmanship of Mario Monti;
Amendment 3 #
2014/2216(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the UN Convention of the Rights of the Child and the European Parliament resolution on the 25th anniversary of the Right of the Child adopted on the 27th November 2014;
Amendment 400 #
2014/2216(INI)
Motion for a resolution
Paragraph 70 a (new)
Paragraph 70 a (new)
70a. Reiterates its call on the Commission to propose an ambitious and comprehensive Child Rights Strategy and Action Plan for the next five years, as requested in its resolution on the 25th Anniversary of the Right of the Child of 27 November 2014;
Amendment 407 #
2014/2216(INI)
Motion for a resolution
Paragraph 72
Paragraph 72
72. Calls on the Commission and the EEAS to continue to take action regarding the rights of the child, with a specific focus on violence against children, including torture, as cases of torture and detention of children have been reported by organisations such as UNICEF and Amnesty International; calls for particular focus on the issues of forced child labour, child marriage, enlistment of children in armed groups and their disarmament, rehabilitation and subsequent reintegration, as well as placing the issue of child witchcraft on the agenda of human rights dialogues with the countries concerned; stresses the importance of prioritising children’s rights within EU external policy, development cooperation and humanitarian aid ,in order to ensure adequate funding and increase the level of protection for children in emergency situations; calls on the VP/HR to report annually to Parliament on the results achieved with regard to child-focused EU external action;
Amendment 415 #
2014/2216(INI)
Motion for a resolution
Paragraph 73
Paragraph 73
73. Reiterates the need to step up efforts to implement the Revised Implementation Strategy of the EU Guidelines on Children and Armed Conflict; encourages the EU to further deepen its cooperation with the UN Special Representative for Children affected by Armed Conflicts; calls for the universal ratification of the UN Convention on the Rights of the Child, and notably the third Optional Protocol which will allow children to submit their complaints to the UN Committee on the Rights of the Child; Calls on the Commission and the High representative/Vice President of the Commission to explore ways for the EU to accede unilaterally to the UN Convention on the Rights of the Child;
Amendment 449 #
2014/2216(INI)
Motion for a resolution
Paragraph 74 a (new)
Paragraph 74 a (new)
74a. Considers that migrant children are particularly vulnerable, especially when they are unaccompanied; recalls that unaccompanied children are above all children and that child protection, rather than immigration policies, must be the leading principle when dealing with them, thus respecting the core principle of the best interests of the child.
Amendment 2 #
2014/2040(BUD)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that, in its resolution of 13 March 2014, the Parliament underlined the need to reinforce strategic investment in actions with European added value in order to help put the European economy back on track, generating competitiveness, sustainable growth and employment, in particular youth employment, while aiming to increase economic and social cohesion;
Amendment 26 #
2014/2040(BUD)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that, due to its inability, year after year, to gather a qualified majority within its ranks to secure a level of payments allowing the Union to cover undisputed payment needs, the Council holds a strong political responsibility for the very tense situation in payments,; due to its inabilityenounces the fact that this has progressively led to gather a qualified majority within its ranks to secure a level of payments allowing the Union to cover undisputed payment need creation of a structural deficit of the EU budget, which contradicts the Treaty provisions and which puts at risk the ability of the Commission to meet its legal obligations;
Amendment 30 #
2014/2040(BUD)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasizes that besides implementing the political agreement reached in the negotiations of the Multiannual Financial Framework (MFF) 2014-2020 as regards frontloading of appropriations for specified policy objectives, the Commission did not propose additional efforts to accommodate priorities not only outlined by the Parliament but also agreed by the Heads of States and Governments in the European Council; decides therefore to reinforce financial resources for the Union political objectives and strategic priorities, in a number of areas in Headings 1a, 1b and 4 by exhausting margins in commitment appropriations;
Amendment 43 #
2014/2040(BUD)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses the fact that, in order to clearly identify the 2015 needs stemming from previous years, the negotiations on the additional 2014 payment needs should be finalised before the conciliation on 2015 Budget; reiterates that DABs 2, 3 and 4/2014 should be considered as a package and that the Council cannot expect to benefit from the unexpected revenue resulting from the budgetisation of the surplus and fines without delivering on the additional payment needs presented in DAB 3/2014; recalls that DABs 2, 3 and 4, taken altogether and unamended, represent an overall budgetary impact of only EUR 106 Mln additional GNI contributions that have to be made available by the Member States in order to secure enough payment appropriations in 2014 to cover the Union's existing legal obligations;
Amendment 44 #
2014/2040(BUD)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Stresses that in order to ensure adequate resources for the Union wide investment plans (agreed by the June 2014 European Council following President- elect Juncker´s political guidelines9 ), continuation of the Youth Employment Initiative, notably the European Youth Guarantee as of budget 2016, and in order to address the persistent problem of payment appropriations, the post electoral review/revision of the MFF 2014-2020, as provided for in Article 2 of the MFF Regulation, should be launched as soon as possible by the new Commission, due to enter into office on 1st November 2014; __________________ 9 http://ec.europa.eu/about/juncker- commission/docs/pg_en.pdf
Amendment 49 #
2014/2040(BUD)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Contests the cuts applied by the Council to the Connecting Europe Facility programme (EUR -34,4 million), which come on top of the backloading of this programme for 2015 already taken into account in the DB following the MFF agreement; is concerned about the risks of an ineffective start to this strategic programme, which is of topical importance for the future telecommunication, transport and energy infrastructure investments in Europe;
Amendment 54 #
2014/2040(BUD)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Is of the view that boosting the financial support to SMEs is essential to enable the EU economy to renew with growth and exit the crisis, therefore contributing to the fight against unemployment; decides, accordingly, to increase above DB by 26,5 Mln EUR the commitment appropriations in favour of SMEs and entrepreneurship;
Amendment 90 #
2014/2040(BUD)
Motion for a resolution
Paragraph 59
Paragraph 59
59. Decides to increase the 20145 budget appropriations for the three financial supervisory agencies; believes that those appropriations should reflect the needs to fulfil the required tasks, as more regulations, decisions and directives have been and are being adopted to overcome the current financial and economic crisis which is strongly linked to the stability of the financial sector;
Amendment 54 #
2014/0408(COD)
Proposal for a directive
Recital 8
Recital 8
(8) This Directive should apply to children meaning persons under the age of 18 at the time when they become suspected or accused of having committed an offence, regardless of their age during the criminalat each stage of the proceedings, until the final judgmenty reach the age of 21.
Amendment 58 #
2014/0408(COD)
Proposal for a directive
Recital 10
Recital 10
(10) When, at the time a person person over the age of 18 becomes a suspect or accused person in criminal proceedings, that person is above the age of 18, Member States are encouraged to apply the procedural safeguards foreseen by for an offence committed while under the age of 18, this Directive should apply until this person reaches the age of 21.
Amendment 99 #
2014/0408(COD)
Proposal for a directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Directive applies to children subject to criminal proceedings from the time when they become suspected or accused of having committed an offence, and until the conclusion of the criminal proceedingst each stage of the proceedings, and until they reach the age of 21.
Amendment 103 #
2014/0408(COD)
Proposal for a directive
Article 2 – paragraph 3
Article 2 – paragraph 3
3. This Directive appliWhen a person over the age of 18 becomes toa suspects or accused persons subject to in criminal proceedings referred to in paragraph 1, and to persons subject to European arrest warrant proceedings referred to in paragraph 2, whofor an offence committed while under the arge no longer children in the course of those proceedings, which started wof 18, this Directive shall apply until that person reachens they were children age of 21.
Amendment 3 #
2014/0332(NLE)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
– having regard to the letter from the Committee on Budgetary Control,
Amendment 7 #
2014/0332(NLE)
Motion for a resolution
Recital C
Recital C
C. Whereas, until 30 November 2014, allas a general rule, Member States have paid in the past without significant delay the full amounts of their GNI and VAT based contributions to the Union budgetadjustments, even in times of crisis and severe fiscal strain;
Amendment 11 #
2014/0332(NLE)
Motion for a resolution
Recital E
Recital E
E. Whereas the Council found a majority to called on the Commission to present a proposal to accommodate that situation, by changing the concerned rules and allowing the deferral and payment by instalments of amounts due;
Amendment 12 #
2014/0332(NLE)
Motion for a resolution
Recital F
Recital F
F. Whereas the Commission decided to present a legislative proposal as requested b, in accordance with the on- going legislative revision, seven Member States decided not to enter in the EU account their respective GNI and VAT balances on the first working day of December 2014; whereas the Commission revised subsequently the Camouncil, thereby making its DAB 6/2014 proposal to alleviate the burden on national budgets null and voidts entered initially in the DAB 6/2014, taking into account the amounts effectively made available on this date;
Amendment 14 #
2014/0332(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Is concerned by the proposed larger discretion left to Member States as to the timing of their additional contributions resulting from GNI adjustments to the Union budget; stresses that this would creates a precedent that could have an impact on the Commission's treasury, the timing of payments to the beneficiaries of the Union budget and, ultimately, the credibility of the Union's budget;
Amendment 27 #
2014/0217(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Training (CEPOL) is hereby established in order to foster a coherent European law enforcement training policy and to strengthen the fundamental rights dimension of European law enforcement training.
Amendment 28 #
2014/0217(COD)
Proposal for a regulation
Article 2 – point a
Article 2 – point a
(a) ‘Law enforcement officers’professionals or aspiring professionals' means officers of police, customs and of other relevant services, including Union bodies, responsible for preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime that affect a common interest covered by a Union policy and for, public order, crisis management and international policing of major events., including employees or experts of Union institutions, bodies, offices and departments whose competences are related to those tasks;
Amendment 36 #
2014/0217(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a – point iii a (new)
Article 3 – paragraph 1 – point a – point iii a (new)
(iiia) fundamental rights aspects of law enforcement cooperation, including privacy, data protection and the rights, support and protection of victims; including safeguarding the rights of victims of gender based violence (GBV);
Amendment 49 #
2014/0217(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) common curricula to raise awareness and knowledge, address gaps and/or facilitate a common approach in relation to cross-border criminal phenomena, in particular with regard to terrorism, cybercrime, financial investigation, and participation in Union missions;
Amendment 68 #
2014/0217(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. The provisional seat of CEPOL shall be in Budapest, Hungary.
Amendment 70 #
2014/0217(COD)
Proposal for a regulation
Article 24 – paragraph 3 a (new)
Article 24 – paragraph 3 a (new)
3a. The Commission shall present, no later than two years after the date of application of this Regulation, a cost- benefit analysis and an impact assessment on the provisional seat as compared to The Hague as an alternative scenario and, if appropriate, a legislative proposal to amend paragraph 3 accordingly.
Amendment 71 #
2014/0217(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. No later than 53 years after the date referred to in Article 43of application of this Regulation and every 5 years thereafter, the Commission shall commission an evaluation to assess particularly the impact, effectiveness and efficiency of CEPOL and its working practices. The evaluation shall, in particular, address the possible need to modify the mandate of CEPOL, and the financial implications of any such modification.
Amendment 15 #
2014/0176(COD)
Proposal for a directive
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 16 and 114(1) thereof,
Amendment 21 #
2014/0176(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In order to ensure that business and administrative needs can be met the most effective and efficient way, Member States may allow for the screening procedure to be carried out by the data provider himself or by any other appropriate privateublic entity.
Amendment 22 #
2014/0176(COD)
Proposal for a directive
Recital 19
Recital 19
(19) The provisions of this Directive should be without prejudice to the application of the general rules on contractual law, and any other relevant law in other areas including competition law, intellectual or industrial property rights, confidentiality, trade secrets, data protection, privacy and consumer rights.
Amendment 33 #
2014/0176(COD)
Proposal for a directive
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) the right to respect for private and family life, home and communications and the right to the protection of personal data of an individual;
Amendment 37 #
2014/0176(COD)
Proposal for a directive
Article 9 a (new)
Article 9 a (new)
Article 9a Protection of personal data European Union legislation on the protection of personal data shall apply in full, particularly that concerning penalties.
Amendment 86 #
2014/0095(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Visa-requiring and visa-exempt third- country nationals may have a legitimate interest in travelling within the Schengen area for more than 90 days in a given 180- day period without staying in any single Member State for more than 90 days. Rules should therefore be adopted to allow for this possibilitya category of third country nationals with a professional interest in so doing to travel within the Schengen area for more than 90 days over a period of 180 days. The lack of appropriate authorisation leads to a loss of potential visitors and thus to economic losses.
Amendment 88 #
2014/0095(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Live performance artists, in particular, often experience difficulties in organising tours in the Union. Students, researchers, culture professionals, pensioners, business people, service providers as well as tourists may also wish to stay longer than 90 days in any 180-day period in the Schengen area. The lack of appropriate authorisation leads to a loss of potential visitors and consequently to an economic lossArtists, high-level sportsmen and women and business people may, as part of their activities, have a professional interest in travelling for longer than 90 days in any 180-day period in the Schengen area.
Amendment 98 #
2014/0095(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A new type of visa (‘touring visa’) should be established for both visa-exempt and visa-requiring third-country nationals planning for professional reasons to circulate in the territory of two or more Member States for more than 90 days, provided that they do not intend to stay for more than 90 days in any 180-day period in the territory of the same Member State. At the same time, the 90 days per 180 days rule should be maintained as a general dividing line between short stays and long stays, as it does not pose any problems for the vast majority of travellers.
Amendment 99 #
2014/0095(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) Authorisation to stay on the territory of several Member States shall not exceed 15 months in any 18-month period.
Amendment 104 #
2014/0095(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 110 #
2014/0095(COD)
Proposal for a regulation
Article 1 – paragraph 2 – introductory part
Article 1 – paragraph 2 – introductory part
2. It shall apply to third-country nationals who are not citizens of the Union within the meaning of Article 20(1) of the Treaty, and belong to the following categories: artists, top-level sportsmen and women and family members accompanying them and support staff and business people, without prejudice to:
Amendment 113 #
2014/0095(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘touring visa’ means an authorisation issued by a Member State with a view to an intended stay in the territory of two or more Member States for a duration of more than 90 day15 months in any 180-day month period, provided that the applicant does not intend to stay for more than 90 days in any 180- day period in the territory of the same Member State.
Amendment 122 #
2014/0095(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. In cases referred to in paragraphs 4 and 5 the competent Member State for examining and deciding on an application for a touring visa shall be the Member State where the applicant intends to enter firstay longest making use of the touring visa.
Amendment 135 #
2014/0095(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Applications shall be decided on within 230 calendar days of the date of the lodging of an admissible application. Exceptionally, this Decisions on applications made by a traveller whose data is recorded in the VIS shall be taken within 20 calendar days from the date on which they are submitted. In individual cases, notably where further consideration of the application is necessary, these periods may be extended for up to a maximum of 40 calendar days.
Amendment 136 #
2014/0095(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The total length of authorised stay on the territory of two or more Member States shall be decided on the basis of a thorough examination of the application. The length of authorised stay shall not exceed one year, but it can be extended for up to a further year in accordance with Article 815 months in any period of 18 months.
Amendment 145 #
2014/0095(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 93 #
2014/0094(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6a) This Regulation should require Member States to issue transit visas and visas with limited territorial validity to beneficiaries of EU resettlement and relocation programmes and mechanisms as provided for in Article 8 of Directive 2001/55/EC on minimum standards for giving temporary protection in the event of a mass influx of displaced persons and the Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013.
Amendment 142 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8
Article 2 – paragraph 1 – point 8
8. 'VIS registered visa applicant' means an applicant whose data are registered in the Visa Information System;
Amendment 144 #
2014/0094(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
9. 'VIS registered regular traveller' means a visa applicant who isse particulars are registered in the Visa Information System and who has obtained twoat least three visas within the 1236 months prior to the application; or a multiple-entry visa.
Amendment 169 #
2014/0094(COD)
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. If the Member State concerned pursuant to paragraph 1 has, in accordance with Article 39, concluded a representation agreement with another Member State for the purpose of considering applications and issuing visas on its behalf, the applicant must submit his application to the consulate of the Member State acting as a representative;
Amendment 195 #
2014/0094(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. VIS registered applicants shall not be required to appear in person when lodging an application, where their fingerprints have been entered into the VIS less than 59 months beforebiometric identifiers have been collected in accordance with Article 12.
Amendment 211 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Points (b), (c) and (d) of paragraph 1 do not apply to applicants who are VIS registered regular travellers and who have lawfully used the two previously obtained visas, in accordance with Article 2(9) and whose last visa was issued less than 12 months previously.
Amendment 224 #
2014/0094(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. The consulate shall start processing the visa application on the basis of facsimile or, copies or scans of the supporting documents. Applicants whose data are not yet registered in the VIS or applicants who are registered in the VIS and have never obtained a visa shall provide the original. The consulate may ask for original documents from applicants who are VIS registered applicants or VIS registered regular travellersand who have obtained at least one visa, only where there is doubt about the authenticity of a specific document.
Amendment 235 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
Amendment 237 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) minors under the age of eighteentwelve years;
Amendment 240 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point e
Article 14 – paragraph 3 – point e
(e) participants aged 2530 years or less in seminars, conferences, sports, cultural or educational events organised by non-profit organisations;
Amendment 246 #
2014/0094(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point g a (new)
Article 14 – paragraph 3 – point g a (new)
(ga) recipients of a visa with limited territorial validity issued on humanitarian grounds or under an EU resettlement and relocation programme pursuant to Article 22.
Amendment 257 #
2014/0094(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. By way of derogation, an application that does not meet the requirements set out in paragraph 1 may be considered admissible on humanitarian grounds or for reasons of national interest. , for reasons of national interest, because of international obligations or under EU resettlement and relocation programmes and mechanisms as provided for in Article 8 of Directive 2001/55/EC and in the Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013.
Amendment 262 #
2014/0094(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. In the examination of an application for a uniform visa lodged by a VIS registered regular traveller who has lawfully used the two previously obtained visas in accordance with Article 2(9) and whose most recent visa has been issued less than 12 months previously, it shall be presumed that the applicant fulfils the entry conditions regarding the risk of irregular immigration, a risk to the security of the Member States, and the possession of sufficient means of subsistence.
Amendment 271 #
2014/0094(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. A Member State may require the central authorities of other Member States to consult its central authorities during the examination of applications lodged by nationals of specific third countries or specific categories of such nationals. Such consultation shall not apply to applications for airport transit visas or to visas with limited territorial validity issued under EU resettlement and relocation programmes and mechanisms, pursuant to Article 22.
Amendment 276 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Applications shall be decided on within 105 calendar days of the date of the lodging of an application which is admissible in accordance with Article 17.
Amendment 280 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Applications made by VIS registered travellers shall be decided upon within 10 calendar days of the date of the lodging of the application.
Amendment 281 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 1 b (new)
Article 20 – paragraph 1 b (new)
1b. Applications made by VIS registered regular travellers who have lawfully used the previously obtained visas in accordance with Article 2(9) and whose most recent visas have been issued less than 12 months previously shall be decided upon within 5 calendar days of the date of the lodging of the application.
Amendment 283 #
2014/0094(COD)
Proposal for a regulation
Article 20 – paragraph 2
Article 20 – paragraph 2
2. That periode deadlines laid down in paragraph 1 may be extended up to a maximum of 20 calendar days in individual cases, notably when further scrutiny of the application is needed.
Amendment 293 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. VIS registered regular travellers who have lawfully used the two previously obtained visas in accordance with Article 2(9) and whose most recent visa has been issued within the 12 months prior to the application shall be issued a multiple entry visa valid for at least three years.
Amendment 296 #
2014/0094(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. Applicants referred to in paragraph 3 who have lawfully used the multiple entry visa valid for three yearwho have previously obtained a multiple entry visa valid for three years or a multiple entry visa valid for five years and who have already lawfully used such visas on multiple occasions shall be issued a multiple entry visa valid for five years provided that the application is lodged no later than one year fromollowing the expiry date of the multiple entry visa valid for three yearsmost recently obtained.
Amendment 304 #
2014/0094(COD)
Proposal for a regulation
Article 22 – paragraph 1 – introductory part
Article 22 – paragraph 1 – introductory part
1. A visa with limited territorial validity shall be issued exceptionally, in the following cases:
Amendment 307 #
2014/0094(COD)
Proposal for a regulation
Article 22 – paragraph 1 – point b a (new)
Article 22 – paragraph 1 – point b a (new)
(ba) under EU resettlement and relocation programmes and mechanisms as provided for in Article 8 of Directive 2011/55/EC and in the Regulation of the European Parliament and of the Council establishing a crisis relocation mechanism and amending Regulation (EU) No 604/2013.
Amendment 312 #
2014/0094(COD)
Proposal for a regulation
Article 23 – paragraph 6 a (new)
Article 23 – paragraph 6 a (new)
6a. Member States shall issue the airport transit visas needed to implement EU resettlement mechanisms and programmes.
Amendment 71 #
2013/0409(COD)
Proposal for a directive
Recital 15
Recital 15
(15) This Directive provides for the right to provisional legal aid for children deprived of liberty andipso facto for vulnerable groups, the right to legal aid for childrenpersons that are requested in European arrest warrant proceedings and the right to ordinary legal aid.
Amendment 130 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5a. Member States shall ensure that applications for provisional legal aid, ordinary legal aid and legal aid in European arrest warrant proceedings are assessed in the light of the applicant’s financial situation.
Amendment 133 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 5 b (new)
Article 4 – paragraph 5 b (new)
5b. Each Member State shall ensure that the lawyers assigned pursuant to this Directive practise criminal law on its territory. .
Amendment 135 #
2013/0409(COD)
Proposal for a directive
Article 4 – paragraph 5 c (new)
Article 4 – paragraph 5 c (new)
5c. Member States shall appoint an independent authority with responsibility for deciding whether or not to grant legal aid and for assigning legal aid lawyers.
Amendment 196 #
2013/0407(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Member States may provide for a possibility under which the trial court may decide on the guilt in the absence of the suspect or the accused person, if the offence which gave rise to the proceedings is punishable by a fine or – where that offence is punishable by a term of imprisonment – provided that the suspect or accused person:
Amendment 192 #
2013/0256(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Whilst the European Public Prosecutor’s Office should have exclusive competence to investigate and prosecute crimes affecting the Union’s financial interests, Eurojust should be able to exercise its competence in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence. To this end, Eurojust should, in particular, be able to support national authorities when they are investigating and prosecuting these forms of crime in accordanc. Within the context of those cases, Eurojust should exercise with the Regulation establishings competence at the request of the Member States concerned, the European Public Prosecutor’s Office or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.
Amendment 201 #
2013/0256(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Eurojust national coordination systems should be set up in the Member States to coordinate the work carried out by the national correspondents for Eurojust, the national correspondent for Eurojust for terrorism matters, the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office designated by the Member States that do not participate in the European Public Prosecutor’s Office, the national correspondent for the European Judicial Network and up to three other contact points, as well as representatives in the Network for Joint Investigation Teams and of the networks set up by Council Decision 2002/494/JHA of 13 June 2002 setting up a European network of contact points in respect of persons responsible for genocide, crimes against humanity and war crimes10, Council Decision 2007/845/JHA of 6 December 2007 concerning cooperation between Asset Recovery Offices of the Member States in the field of tracing and identification of proceeds from, or other property related to crime11 and by Council Decision 2008/852/JHA of 24 October 2008 on a contact-point network against corruption12. _________________ 10 OJ L 167, 26.6.2002, p. 1 11 OJ L 332, 18.12.2007, p. 103. 12 OJ L 301, 12.11.2008, p. 38.
Amendment 203 #
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 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 threewo 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 216 #
2013/0256(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) PEurojust should enhance its cooperation with competent authorities in third countries and international organisations on the basis of a strategy drawn up in conjunction with the Commission. For that purpose, provision should be made for Eurojust to post liaison magistrates to third countries in order to achieve objectives similar to those assigned to liaison magistrates seconded by the Member States on the basis of Council Joint Action 96/277/JHA of 22 April 1996 concerning a framework for the exchange of liaison magistrates to improve judicial cooperation between the Member States of the European Union14. _________________ 14 OJ L 105, 27.4.1996, p. 1
Amendment 221 #
2013/0256(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
Amendment 223 #
2013/0256(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Eurojust shall support and strengthen coordination and cooperation between national investigating and prosecuting authorities in relation to serious crime affecting two or more Member States, or requiring a prosecution on common bases, on the basis of operations conducted and information supplied by the Member States' authorities and by Europol, the EPPO, Europol and OLAF.
Amendment 228 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. a) 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 competent. b) For forms of crime over which the European Public Prosecutor’s Office exercises its competence, Eurojust shall only exercise its competence: - in cases involving one or more Member States that do not participate in the European Public Prosecutor’s Office and, - in cases involving Member States that participate in the European Public Prosecutor’s Office but for which the European Public Prosecutor’s Office does not exercise its competence.
Amendment 231 #
2013/0256(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
(1a) For cases of the kind referred to in paragraph 1 (b), Eurojust shall exercise its competence at the request of the European Public Prosecutor’s Office, one or more Member States concerned or on its own initiative but always in conjunction with the European Public Prosecutor’s Office.
Amendment 238 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point d a (new)
Article 4 – paragraph 1 – point d a (new)
da) cooperate closely with the European Public Prosecutor’s Office on matters relating to its competence
Amendment 242 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
Amendment 243 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
(2a) Eurojust can set a deadline for the implementation of all requests referred to in paragraph 2.
Amendment 244 #
2013/0256(COD)
4. Where two or more Member States cannot agree on which of them should undertake an investigation or prosecution following a request made under point (b) of paragraph 2, Eurojust shall issue a written opinion on the case. The opinion shall be promptly forwarded to the Member States concernedforwarded immediately to the Member States concerned. If the Member States concerned do not reach an agreement within one month of this opinion being forwarded, the College may decide to make its opinion binding.
Amendment 246 #
2013/0256(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. On request of a competent authority Eurojust shall issue a written opinion on recurrent refusals or difficulties concerning the execution of requests for, and decisions on, judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, provided it could not be resolved through mutual agreement between the competent national authorities or through the involvement of the national members concerned. The opinion shall be promptimmediately forwarded to the Member States concerned.
Amendment 249 #
2013/0256(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The national members and deputies shall have a status as a prosecutor, judge or police officers of equivalent competenc or judge. The competent national authorities shall grant them the powers referred to in this Regulation in order to be able to fulfil their tasks.
Amendment 250 #
2013/0256(COD)
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3 a. Member States must designate national members and deputies on the grounds of proven high level of and longstanding practical experience in the field of criminal justice.
Amendment 251 #
2013/0256(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
b a) contact directly and exchange information with any Union agency or competent body, including the European Public Prosecutor's Office
Amendment 257 #
2013/0256(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. In urgent cases when timely agreement cannot be reached, the national members shall be competent to take the measures referred to in paragraph 2, informing as soon as possibleimmediately the national competent authority.
Amendment 258 #
2013/0256(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
a) criminal records;, including the European Criminal Records Information System (ECRIS)
Amendment 261 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b
Article 10 – paragraph 1 – point b
b) all the national members and two representatives of the Commission when the College exercises its management functions under Article 14, except Article 14.k.
Amendment 263 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point b a (new)
Article 10 – paragraph 1 – point b a (new)
(ba) all the national members and the head of the European Public Prosecutor’s Office for matters relating to the areas of competence of the European Public Prosecutor’s Office.
Amendment 264 #
2013/0256(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The term of office of the members and their deputies shall be at leastof four years, renewable once. Upon expiry of their term of office or iIn the event of their resignation, members shall remain in office until their term is renewed or until they are replacedy are replaced. Members States shall ensure the prompt designation of their national members and deputies.
Amendment 269 #
2013/0256(COD)
2. The College shall hold at least one operational meeting per month. To exercise its management functions, the College shall hold at least two ordinary meetings a year. In addition, it shall meet on the initiative of the President, at the request of the Commission, or at the request of at least one third of its members. It shall also meet in its composition referred in Article 10.1.b.bis (new) at least twice a year. In addition, it shall meet on the initiative of the President or at the request of the EPPO.
Amendment 273 #
2013/0256(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point a a (new)
Article 14 – paragraph 1 – point a a (new)
(aa) adopt every four years Eurojust’s multi-annual programming document by a majority of two thirds of its members and in accordance with Article 15;
Amendment 274 #
2013/0256(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point i
Article 14 – paragraph 1 – point i
i) appoint an Accounting Officer and a Data Protection Officer who shall be functionally independent in the performance of their duties;
Amendment 275 #
2013/0256(COD)
1. By [30 November each year] the College shall adopt a programming document containing multi-annual and annual programming, based on a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council and the Commission, the Commission, and the European Public Prosecutor’s Office for matters relating to its competence. The programming document shall become definitive after final adoption of the general budget and if necessary shall be adjusted accordingly.
Amendment 276 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
(3a) Every four years the College shall adopt a programming document containing multi-annual programming on the basis of a draft put forward by the Administrative Director, taking into account the opinion of the Commission. It shall forward it to the European Parliament, the Council, the Commission and the European Public Prosecutor’s Office for matters relating to its competence.
Amendment 277 #
2013/0256(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The multi-annual work programme shall set out overall strategic programming including objectives, the strategy for cooperation with the third countries and international organisations referred to in Article 43, expected results and performance indicators. It shall also set out resource programming including multi- annual budget and staff. The resource programming shall be updated annually. The strategic programming shall be updated where appropriate, and in particular to address the outcome of the evaluation referred to in Article 56.
Amendment 285 #
2013/0256(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Executive Board shall be composed of the President and Vice- Presidents of the College, one representative of the Commission and one other member of the College. The President of the College shall be the Chairperson of the Executive Board. The Executive Board shall take its decisions by a majority of its members, each member having one vote. The Administrative Director shall take part in the meetings of the Executive Board, but shall not have the right to vote.
Amendment 291 #
2013/0256(COD)
2. The Administrative Director shall be appointed by the College from a list of candidates having the required competences and experience to exercise such a position, proposed by the Commission, following an open and transparent selection procedure. For the purpose of concluding the contract of the Administrative Director, Eurojust shall be represented by the President of the College.
Amendment 303 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Each Member State shall designate one or more national correspondents for Eurojust. Each Member State shall also designate one national correspondent for Eurojust for terrorism matters. Each Member State that does not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office shall also designate a national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office.
Amendment 304 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
(1a) All the national correspondents appointed by the Member States under paragraph 1 must have the skills and experience needed to carry out their duties.
Amendment 305 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b a (new)
Article 20 – paragraph 2 – point b a (new)
(ba) the national correspondent for Eurojust for issues relating to the competence of the European Public Prosecutor’s Office, for Members States that do not participate in the enhanced cooperation on the creation of the European Public Prosecutor’s Office.
Amendment 306 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. The persons referred to in paragraphs 1 and 2 shall maintain their position and status under national law, provided that maintaining their position and status does not impede them from performing their duties under this Regulation.
Amendment 307 #
2013/0256(COD)
Proposal for a regulation
Article 20 – paragraph 5 – point c a (new)
Article 20 – paragraph 5 – point c a (new)
(ca) by ensuring that the competent national authorities respond to the Eurojust requests referred to in Article 4.2 and follow up on the Eurojust opinions referred to in Article 4.4 by the deadline set by Eurojust.
Amendment 309 #
2013/0256(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The national competent authorities shall inform their national members without undue delay of any case concerning crimes under the competence of Eurojust affecting at least threewo Member States and for which requests for or decisions on judicial cooperation, including those based on instruments giving effect to the principle of mutual recognition, have been transmitted to at least two Member States.
Amendment 313 #
2013/0256(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
The competent national authorities shall respond without undue delayin the deadline set by Eurojust, to Eurojust's requests and opinions made under Article 4. Where tThe competent authorities of the Member States concerned decide not tomust comply with athe request made by Eurojust referred to in Article 4(2) or decide not toand in Article 4(2)new or follow a written opinion referred to in Article 4(4) or (5), they shall inform Eurojust without undue delay of their decision and of the reasons for it. Where it is not possible to give the reasons for refusing to comply with a request because to do so would harm essential national security interests or would jeopardiseexcept if they can justify to Eurojust, in a reasoned opinion, that the immediate compliance would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individuals, the competent authorities of the Member States may cite operational reasons. Any delay to comply with the requests and opinions made by Eurojust under Article 4 must be duly justified.
Amendment 321 #
2013/0256(COD)
Proposal for a regulation
Article -27 (new)
Article -27 (new)
Article -27 Processing of personal data by Eurojust Regulation (EC) No 45/2001 and its subsequent changes shall apply to the processing of personal data by Eurojust in the context of its activities. The following provisions particularise and complement Regulation (EC) No 45/2001 and its subsequent changes in as far as personal data processed by Eurojust for its operational tasks are concerned.
Amendment 323 #
Amendment 353 #
2013/0256(COD)
Proposal for a regulation
Article 29
Article 29
Amendment 355 #
2013/0256(COD)
Proposal for a regulation
Article 30
Article 30
Amendment 356 #
2013/0256(COD)
Proposal for a regulation
Article 31
Article 31
Appointment of the Data Protection 1. The Executive Board shall appoint a Data Protection Officer in accordance with Article 24 of Regulation (EC) No 45/2001. 2. When complying with the obligations set out in Article 24 of Regulation (EC) No 45/2001, the Data Protection Officer shall: a) ensure that a written record of the transfer of personal data is kept; b) cooperate with Eurojust staff responsible for procedures, training and advice on data processing; c) prepare an annual report and communicate that report to the College and to the European Data Protection Supervisor. 3. In the performance of his or her tasks, the Data Protection Officer shall have access to all the data processed by Eurojust and to all Eurojust premises. 4. Eurojust's staff members assisting the Data Protection Officer in the performance of his or her duties shall have access to the personal data processed at Eurojust and to Eurojust premises to the extent necessary for the performance of their tasks. 5. If the Data Protection Officer considers that the provisions of Regulation (EC) No 45/2001 or this Regulation related to the processing of personal data have not been complied with, he or she shall inform the Administrative Director, requiring him or her to resolve the non-compliance within a specified time. If the Administrative Director does not resolve the non- compliance of the processing within the specified time, the Data Protection Officer shall inform the College and shall agree with the College a specified time for a response. If the College does not resolve the non-compliance of the processing within the specified time, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor. 6. The Executive Board shall adopt the implementing rules referred to in Article 24(8) of Regulation (EC) No 45/2001.rticle 31 deleted Officer
Amendment 363 #
2013/0256(COD)
Proposal for a regulation
Article 33
Article 33
Amendment 368 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with naand national data protectional authorities competent for data protection supervision with respect to specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national authority competent for data protection supervision finds major discrepancies between practices of the Member States or potentially unlawful transfers using Eurojust's communication channels, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationshall, each acting within their respective competences, cooperate with each other in accordance with article 62 of Regulation (EU) 2017/xxx on the protection of individuals with regard to the processing of personal data by the union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation EC 45/2001.
Amendment 369 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 2
Article 35 – paragraph 2
Amendment 372 #
2013/0256(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 373 #
2013/0256(COD)
Proposal for a regulation
Article 36
Article 36
Amendment 376 #
2013/0256(COD)
Proposal for a regulation
Article 37
Article 37
Amendment 378 #
2013/0256(COD)
Proposal for a regulation
Article 38 – paragraph 1
Article 38 – paragraph 1
1. In so far as necessary for the performance of its tasks, Eurojust may establish and maintain cooperative relations with Union bodies and agencies in accordance with the objectives of those bodies or agencies, the competent authorities of third countries, international organisations and the International Criminal Police Organisation (Interpol) in line with the strategy referred to in Article 43.
Amendment 386 #
2013/0256(COD)
-1. Eurojust shall establish and maintain close cooperation with Europol, in so far as is relevant for the performance of the tasks of the two agencies and for achieving their objectives, taking account of the need to avoid duplication of effort. The essential elements of that cooperation shall be set out in an agreement which must be approved by the Council and the European Parliament. To that end, the Director of Europol and the President of Eurojust shall meet on a regular basis to discuss issues of common concern.
Amendment 389 #
2013/0256(COD)
Proposal for a regulation
Article 41 – paragraph 3
Article 41 – paragraph 3
3. Whenever necessary, Eurojust shall make use of the Eurojust National Coordination Systems established in accordance with Article 20, and in particular the national correspondents for issues relating to the competence of the European Public Prosecutor’s Office, as well as the relations it has established with third countries, including its liaison magistrates, in order to support the cooperation established in accordance with paragraph 1.
Amendment 397 #
2013/0256(COD)
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1. Eurojust shall establish and maintain cooperation with the authorities of third countries and international organisations To that end, Eurojust shall prepare, every four years, in consultation with the Commission, a cooperation strategy which pinpoints the third countries and international organisations with which there is an operational need for cooperation.
Amendment 398 #
2013/0256(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
1. To this end, Eurojust may establish working arrangements with the entities referred to in Article 38(1).
Amendment 404 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a
Article 45 – paragraph 2 – point a
Amendment 405 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point a a (new)
Article 45 – paragraph 2 – point a a (new)
(aa) the transfer is otherwise necessary or legally required on important public interest grounds of the Union or its Member States, as recognised by Union law or by national law, or for the establishment, exercise or defence of legal claims; or
Amendment 406 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 2 – point c
Article 45 – paragraph 2 – point c
Amendment 407 #
2013/0256(COD)
Proposal for a regulation
Article 45 – paragraph 5 a (new)
Article 45 – paragraph 5 a (new)
(5a) Eurojust shall make the list of international and cooperation agreements signed with third countries and international organisations available to the public by publishing and regularly updating that list on its website.
Amendment 411 #
2013/0256(COD)
Proposal for a regulation
Article 55 – paragraph 3 – point -a (new)
Article 55 – paragraph 3 – point -a (new)
-a) the annual and multi-annual programming documents
Amendment 415 #
2013/0256(COD)
Proposal for a regulation
Article 67 a (new)
Article 67 a (new)
Amendment 416 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 9
Annex I – paragraph 1 – indent 9
– sexual abuse and sexual exploitation of women and children, child pornographyincluding child sexual abuse material and solicitation of children for sexual purposes ;
Amendment 417 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 20
Annex I – paragraph 1 – indent 20
– illegal immigrant smuggling;
Amendment 418 #
2013/0256(COD)
Proposal for a regulation
Annex I – paragraph 1 – indent 26
Annex I – paragraph 1 – indent 26
– illicit trafficking in animal species, including endangered animal species;
Amendment 23 #
2013/0255(APP)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that the European Public Prosecutor's Office does not have competence for serious forms of cross- border crime; and asks the European Commission to propose, once the European Public Prosecutor's Office is established and within the shortest period of time, an enlargement of its mandate in order to cover certain categories of serious cross-border crimes, such as organised crime and terrorism. The European Parliament must be fully involved during the whole procedure of this review.
Amendment 1 #
2013/0091(COD)
Council position
Article 1 – paragraph 1
Article 1 – paragraph 1
1. A European Union Agency for Law Enforcement Cooperation (Europol) is hereby established with a view to supportingimproving mutual cooperation among law enforcement authorities in the Union and developing an investigation capacity at Union level.
Amendment 2 #
2013/0091(COD)
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Europol shall support and strengthen action by the competent authorities of the Member States and their mutual cooperation, foster law enforcement synergies at Union level and provide a cross-border investigation capacity in preventing and combating serious crime affecting two or more Member States, terrorism and forms of crime which affect a common interest covered by a Union policy, as listed in Annex I.
Amendment 4 #
2013/0091(COD)
Council position
Article 6
Article 6
Request by Europol for the initiation of a criminal investigation criminal investigation 1. In specific cases where Europol considers that a criminal investigation should be initiated into a crime falling within the scope of its objectives, it shall request the competent authorities of the Member States concerned via the national units to initiate, conduct or coordinate such a criminal investigation. 2. The nNational uUnits shall inform Europol without delay of the decision of the competent authorities of the Member States concerning any request made pursuant to paragraph 1initiation of the investigation. 3. If the competent authorities of a Member States decide not to accede tocomply with a request made by Europol pursuant to paragraph 1, they shall informprovide Europol ofwith the reasons for their decision without undue delay, preferably within one month of receipt of the request. However, the reasons may be withheld if providing them, within one month of the request, unless they can justify to Europol that the immediate provision of such reasons would: (a) be contrary to the essential interests of the security of the Member State concerned; or (b) jeopardise the success of an ongoing investigation or the safety of an individual. 4. Europol shall immediately inform Eurojust of any request made pursuant to paragraph 1 and of anythe decision of a competent authority of a Member State pursuant to paragraph 2to initiate or refuse to initiate an investigation.
Amendment 5 #
2013/0091(COD)
Council position
Article 7 – paragraph 7
Article 7 – paragraph 7
7. Without prejudice to the discharge by Member States of their responsibilitiesMember States shall fulfill their duty incumbent upon them with regard to the maintenance of law and order and the safeguarding of internal security, Member States shall not in any particular case be obliged toby ensuring a timely and exhaustive supply of information in accordance with point (a) of paragraph 6 that would: (a) be contrary to the essential interests of the security of the Member State concerned; (b) jeopardise the success of an ongoing investigation or the safety of an individual; or (c) disclose information relating to organisations or. Information shall be supplied without undue delay. In exceptional cases and only once duly justified to Europol by the competent authority within the Member State concerned, the immediate transmission of information in accordance with point (a) of paragraph 6 can be suspended where it would: (a) be determined by the competent authorities of the concerned Member State that such an immediate transmission pose an immediate threat to the specific intelligence activities in the field of national security. However,urity of the Member State concerned; (b) be determined by the competent authorities of Member States sthallt supply information as soon as it ceases to fall within the scope of points (a), (b) or (c) of the first subparagraph.ch an immediate transmission will jeopardise the success of an ongoing investigation or the safety of individuals involved therein;
Amendment 58 #
2011/0023(COD)
Proposal for a directive
Title 1
Title 1
Proposal for a DIRECTIVEREGULATION 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 crimetransnational crime (If adopted, changes apply throughout the text.)
Amendment 116 #
2011/0023(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Air carriers, travel agents, and other entities that collect PNR data, already collect and process PNR data from their passengers for their own commercial purposes. This Regulation should not impose any obligation on air carriers, travel agents or other entities that collect PNR data, to collect or retain any additional data from passengers or to impose any obligation on passengers to provide any data in addition to that already being provided to air carriers.
Amendment 129 #
2011/0023(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) PNR data should be transferred to a single designated unit (Passenger Information Unit) at EU level, so as to ensure clarity and reduce costs to air carriers.
Amendment 146 #
2011/0023(COD)
Proposal for a directive
Recital 17 a (new)
Recital 17 a (new)
(17a) Dissuasive, effective and proportionate penalties, including financial ones, should be provided at EU level against those air carriers failing to meet their obligations regarding the transfer of PNR data. Where there are repeated serious infringements which might undermine the basic objectives of this Regulation, these penalties may include, in exceptional cases, measures such as the immobilisation, seizure and confiscation of the means of transport, or the temporary suspension or withdrawal of the operating licence.
Amendment 232 #
2011/0023(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. This Regulation provides for the transfer by air carriers of Passenger Name Record data of passengers of international flights to and from the European Union, as well as the processing of that data, including its collection, use and retention by the Member States and its exchange between them.
Amendment 288 #
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 following offences under national law referred to in Article 2(2) of Council Framework Decision 2002/584/JHA if they are punishable by a custodial sentence or a detention order for a maximum period of at least three years: - participation in a criminal organisation, - terrorism, - trafficking in human beings, - sexual exploitation of children and child pornography, - illicit trafficking in narcotic drugs and psychotropic substances, - illicit trafficking in weapons, munitions and explosives, - corruption, - fraud and tax evasion, - laundering of the proceeds of crime, - counterfeiting currency, including of the euro, - computer-related crime, - environmental crime, including illicit trafficking in endangered animal species and in endangered plant species and varieties, - murder, grievous bodily injury, - illicit trade in human organs and tissue, - rape - kidnapping, illegal restraint and hostage-taking, - child abduction and child abduction by parents, - organised or armed robbery, - illicit trafficking in cultural goods, including antiques and works of art, - illicit trafficking of mineral ore, - forgery of means of payment, - illicit trafficking in hormonal substances and other growth promoters, - illicit trafficking in nuclear or radioactive materials, - crimes within the jurisdiction of the International Criminal Court, if they are punishable under the national law of athe Member State, and if : with a custodial sentence or a detention order for a maximum period of at least three years, and if;
Amendment 311 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1a. The Commission shall set up a '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. Its staff members may be seconded from Member States' competent public authorities.
Amendment 314 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 b (new)
Article 3 – paragraph 1 b (new)
1b. The database collecting PNR data from the air carriers should be hosted by the European agency for the operational management of large-scale IT systems in the area of freedom, security and justice.
Amendment 316 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 1 c (new)
Article 3 – paragraph 1 c (new)
1c. The passenger information unit shall appoint a data protection and privacy officer, seconded by a deputy officer, responsible for the monitoring of the processing of PNR data and the implementation of the related safeguards. The data protection and privacy officer shall in particular review on a regular basis the automated processing rules requested by Competent Authorities and formulate recommendations to ensure their compliance with the provisions and safeguards laid down in this Regulation.
Amendment 326 #
2011/0023(COD)
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3a. Once the one-stop shop provided for in Article 7 of this Directive is operational, those Member States which so wish may decide that the PNR data which air carriers must forward to their Passenger Information Units should be forwarded directly to the one-stop shop, which shall collate and keep the data in accordance with the conditions laid down in this Directive. Analysis of these data and the forwarding of the results to the competent authorities as referred to in Article 5 shall remain the responsibility of the Passenger Information Unit of the Member State concerned.
Amendment 352 #
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 and may compare that data with all relevant databases, including data kept by Europol, in conformity with EU law. Member States shall ensure that any positive match resulting from such automated processing is individually reviewed by non-automated means in order to verify whether the competent authority referred to in Article 5 needs to take action;
Amendment 529 #
2011/0023(COD)
Proposal for a directive
Article 7 – paragraph 6
Article 7 – paragraph 6
6. EThe exchange of information under this Article mayust take place using any existing channels for international law enforcement cooperation. The language used for the request and the exch secure European system for the exchange of PNR data between Member States and between Member States and Europol. The development and operational manage of information shall be the one applicable to the channel used. 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 receivedment of this system shall be the responsibility of the European agency for the operational management of large- scale IT systems. A one-stop shop shall be created as part of this system to register and transmit the requests for information exchanges. The European Data Protection Supervisor shall be responsible for monitoring the processing of the personal data performed through this European system for the exchange of PNR data.
Amendment 593 #
2011/0023(COD)
Proposal for a directive
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
Applications for third country transfers may be addressed directly to the one-stop shop provided for in Article 7 of this directive.
Amendment 20 #
2008/2184(INI)
Motion for a resolution
Recital Q
Recital Q
Amendment 30 #
2008/0266(CNS)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UponAfter receipt of the notification, the Commission shall make an assessment as to whether the Member State can pursue negotiations with the third country concerned, duly taking into account that derogations from the Community’s exclusive external competence should remain exceptional and limited both in scope and in time. If the Community has already concluded any agreement with the third country concerned on the same subject matters, the application of the Member State will be automatically rejected by the Commission.
Amendment 31 #
2008/0266(CNS)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. If the Commission considers that there is a Community interest in concluding an agreement between the Community and a third country, it shall also reject the application.
Amendment 32 #
2008/0266(CNS)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A Community interest shall be deemed to exist: (a) if five or more Member States have concluded, or intend to conclude, an agreement falling within the scope of this Regulation, with the same third country and on the same subject matter; (b) if the European Parliament or the Council send a communication to that effect to the Commission within three months of receipt of a notification.
Amendment 34 #
2008/0266(CNS)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The Commission shall notify its decision to the European Parliament and the Council within one month of taking it.
Amendment 35 #
2008/0266(CNS)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The Commission shall notify its decision to the European Parliament and the Council within one month of taking it.
Amendment 36 #
2008/0266(CNS)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
1. The Commission shall transmit notifications under Article 3 to the European Parliament and the Council, and make them publicly available. 2. Member States shall notify the Commission of all agreements as defined in Article 2 falling within the scope of this Regulation. The Commission shall transmit these notifications to the European Parliament and the Council, and make them publicly available.
Amendment 31 #
2008/0259(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UponAfter receipt of the notification, the Commission shall make an assessment as to whether the Member State can pursue negotiations with the third country concerned, duly taking into account that derogations from the Community’s exclusive external competence should remain exceptional and limited both in scope and in time. If the Community has already concluded any agreement with the third country concerned on the same subject matters, the application of the Member State will be automatically rejected by the Commission.
Amendment 32 #
2008/0259(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1 a. If the Commission considers that there is a Community interest in concluding an agreement between the Community and a third country, it shall also reject the application.
Amendment 33 #
2008/0259(COD)
Proposal for a regulation
Article 4 – paragraph 1 b (new)
Article 4 – paragraph 1 b (new)
1b. A Community interest shall be deemed to exist: (a) if five or more Member States have concluded, or intend to conclude, an agreement falling within the scope of this Regulation, with the same third country and on the same subject matter; (b) if the European Parliament or the Council send a communication to that effect to the Commission within three months of receipt of a notification.
Amendment 35 #
2008/0259(COD)
Proposal for a regulation
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
3a. The Commission shall notify its decision to the European Parliament and the Council within one month of taking it.
Amendment 36 #
2008/0259(COD)
Proposal for a regulation
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The Commission shall notify its decision to the European Parliament and the Council within one month of taking it.
Amendment 37 #
2008/0259(COD)
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
1. The Commission shall transmit notifications under Article 3 to the European Parliament and the Council, and make them publicly available. 2. Member States shall notify the Commission of all agreements as defined in Article 2 falling within the scope of this Regulation. The Commission shall transmit these notifications to the European Parliament and the Council, and make them publicly available.
Amendment 11 #
2007/0821(CNS)
Draft legislative resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the Council and the Commission, following the entry into force of the Treaty of Lisbon, to give priority to any future proposal to amend the Decision in accordance with Declaration No50 concerning Article 10 of the Protocol on transitional provisions to be annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.
Amendment 12 #
2007/0821(CNS)
Draft legislative resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Is determined to examine any such future proposal by urgent procedure in accordance with the procedure referred to in paragraph 2a and in close cooperation with national parliaments.