1402 Amendments of Carlos COELHO
Amendment 4 #
2023/2122(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU has designed transparency and accountability mechanisms to ensure that EU funds awarded to non-governmental organisations (NGOs) are used effectively, efficiently and in line with the EU’s objectives, policies and financial rules enshrined in, among other places, the Financial Regulation, which lays down transparency as one of its guiding budgetary principles, requiring the Commission to make available, in an appropriate and timely manner, information on EU funds available;
Amendment 7 #
2023/2122(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 23 #
2023/2122(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas there is an online manual1-B for all programmes that contains relevant and useful information on techniques concerning communication and the dissemination of programmes and their results; _________________ 1-B https://ec.europa.eu/info/funding- tenders/opportunities/docs/2021- 2027/common/guidance/om_en.pdf
Amendment 102 #
2023/2122(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Reiterates the call for a common definition of an NGO made in the recommendations from the 2021 Commission discharge resolution13; calls for a common definition of an NGO at EU level, in particular for NGOs receiving EU funding; is of the opinion that this definition should provide minimum common conditions for defining an NGO by means of an evaluation study project that involves Member State officials and NGO representatives with a view to studying potential prospects for a common definition of an NGO; considers that such minimum conditions must include the form of an organisation, the objectives it pursues, its level of formal or institutional existence, the accountability of its structures to its members or donors, its level of independence from government, other public authorities, political parties or commercial organisations, and the commercial or professional objectives it pursues on behalf of its members; suggests that the Commission follow a similar methodology to that followed to define the term 'SME', by means of an evaluation study that involves Member State officials and NGO representatives. _________________ 13 Texts adopted, P9_TA(2023)0137.
Amendment 108 #
2023/2122(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Highlights the advantages of establishing a common definition for EU engagement with NGOs, including NGOs from third countries, encompassing direct deliberative, political and financial interactions; acknowledges the advantage of enabling a common understanding of what these partners are in relation to the EU and its bodies in different contexts, beyond the question of financial support; believes that the added value of a common EU-wide definition lies in increased transparency, accountability and predictability for EU institutions, the Member States, NGOs and EU taxpayers;
Amendment 122 #
2023/2122(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is concerned about cases of fraud and irregularities, notably in situations where NGOs that are members of different international networks or platforms that receive EU funding are at risk of conflicts of interest, double funding, corruption or money laundering; is concerned about the lack of publicly available data on the fraud cases involving NGOs; calls on the European Anti-Fraud Office (OLAF) to compile and provide such data to Parliament and the ECA and to draw up a list of NGOs that have broken the lawn impact study on the consequences of fraud cases involving NGOs;
Amendment 153 #
2023/2122(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for national lobby registry laws to alsbe applied in all the Member States and also to require the disclosure of donors and their international financial chains;
Amendment 181 #
2023/2122(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Criticises those situations in which substantial co-funding is awarded from the EU budget to NGOs that are clearly and predominantly financed by non-EU states, networks or foundations and that deliver research that regularly negatively impacts European industry and transport providers; urges the Commission to trace the flow of funds from the first donor, by creating a declaration of interests to be signed when participating in projects financed by dint of EU funds, in order to prevent damage to the EU economy;
Amendment 42 #
2023/2121(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the last stage of implementing and closing the MFF 2014- 2020 happened at a more challenging time for local and national administrations and coincided with the implementation of a large amount of funding from the Union in connection with a number of financial instruments, specifically the recovery and resilience plans and the MFF 2021-2027;
Amendment 46 #
2023/2121(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas MFF 2014- 2020 implementation rates vary considerably between Member States and between funding programmes;
Amendment 88 #
2023/2121(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Insists that due to its regional focus, strategic planning and effective implementation model , cohesion policy should remain the EU’s main instrument for reducing disparities and stimulating regional growth and continue to be a key contributor to supporting recovery from symmetric and asymmetric shocks; calls for a clear demarcaistinction between cohesion policy and other instruments in order to avoid overlaps and, competition between EU instruments; believes that there must be an increase in the overall cohesion budget and in the MFF’s share of the policy compared to the 2021-2027 programming periodand complex bureaucracy in access to EU instruments;
Amendment 97 #
2023/2121(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that there must be an increase in the overall cohesion budget and in the MFF’s share of the policy compared to the 2021-2027 programming period; acknowledges the reduction in the share of the MFF 2021-2027 dedicated to cohesion, compensated only by NGEU funds;
Amendment 114 #
2023/2121(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Underscores that the cohesion policy budget should not be used forchannelled into new non-cohesion policy instruments and programmes, either within or outside the MFF; stresses that flexibility in the repurposing of cohesion funding should be a bottom-up driven process, initiated either by a Member State or by its regional or local level;
Amendment 151 #
2023/2121(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for disaster prevention and preparedness investments to be guaranteed either through a dedicated policy objective, thematic concentration or a specific enabling condition to ensure investments in local infrastructure and risk management in less developed urban and rural areas, including border regions and the outermost regions; believes that targeted financing should focus on climate change adaptation and mitigation by tackling the side effects of climate change locally (slow onset events as well as extreme weather events), including wildfires, desertification, floods, landslides, heatwaves, coastal erosion and other events;
Amendment 163 #
2023/2121(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the creation of a technical assistance programme specifically designed for smaller municipalities and cross-border and rural areas that face new challenges such as the green transition and climate change; believes that the support should be in the form 100 % EU financing for administrative capacity- building, project design and strategic planning capabilities (including planning instruments), while the allocation criteria should include the number of inhabitants and the needs and challenges of these areas;
Amendment 166 #
2023/2121(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Identifies local and national authorities’ difficulties recruiting a qualified workforce to implement, manage and audit cohesion funds as one of the reasons for delays in implementation of those funds; calls on Member States to launch efforts to train and recruit specialised staff to optimise the implementation, management and auditing of European funds in the future in order to make those funds as effective and efficient as possible; reaffirms that the lack of a specialised workforce in local and national authorities results in bureaucratic delays that have an impact on the implementation of funded projects.
Amendment 253 #
2023/2121(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on the Commission to ensure that all Member States have an effective mechanism for reporting irregularities, in line with Commission Delegated Regulation (EU) 2015/1970; recommends that irregularities are only classed as closed on the Irregularity Management System (IMS) once the missing amounts are also recovered at national level, and not only after the irregular sums are returned to the Commission; recommends that Member States ensure data in the official report of irregularities and fraud in the IMS is cross-checked with the data for the approved projects and with the data of ongoing criminal proceedings; calls on the Commission to improve coordination of the powers of OLAF and the EPPO to investigate irregularities relating to cohesion funds;
Amendment 3 #
2023/2045(INI)
Motion for a resolution
Citation 9 a (new)
Citation 9 a (new)
– having regard to Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law,
Amendment 4 #
2023/2045(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to the annual activity report of the European Court of Auditors for 2022 of 05/2023,
Amendment 18 #
2023/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Shares the view that fraud prevention and detection must rely on further digitalisation in order to increase the accessibility and use of dataand the monitoring of return mechanisms for misappropriated funds must rely on further digitalisation and the use of cutting-edge technology based on machine learning in order to increase the accessibility, interoperability, use and management of data relating to potential fraud; points out that efficient anti-fraud governance and effective result-oriented processes and adequately equipped structures must be in place to ensure cooperation and coordination between all the components of the anti-fraud architecture and the relevant actors; believes that, to this end, the necessary digital and procedural knowledge must be given to the officials responsible for the various components of the anti-fraud architecture;
Amendment 67 #
2023/2045(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Is aware that the implementation of the RRF is reaching its peak and that the regulation governing its deployment requires Member States to put in place effective and efficient control systems, with a view to protecting the Union’s financial interests and ensuring compliance with EU and national rules; points out that, in particular, the countering of fraud, corruption, conflicts of interest (defined as ‘serious irregularities’) and double funding should receive appropriate resources and attention; adds that the fact that the objectives and metrics to be achieved by Member States are not always clear makes it difficult to evaluate the effectiveness and efficiency of RRF funds;
Amendment 78 #
2023/2045(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Reiterates that the effective prevention, detection and investigation of illegal activities threatening the implementation of the NGEU depend on the effective collection and sharing of data, including the rapid handling of access requests from investigative services within a Member State, as well as from other countries or at EU level, by OLAF and, the EPPO and, if necessary, by Eurojust and Europol, to whom access is to be granted;
Amendment 81 #
2023/2045(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Welcomes the Ombudsman’s strategic initiative, launched in February 2022, conducted to examine the transparency of the national recovery and resilience plans, public information and communication strategies on the RRF, and on how the funds are supervised; emphasises the importance of this initiative, given that the European Court of Auditors’ annual report for 2022 contained a higher estimated level of error for that year;
Amendment 396 #
2023/0397(COD)
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. The Commission shall monitor the fulfilment of the preconditions set out in paragraph 1 before funds are released to Beneficiaries under the Facility and throughout the period of the support provided under the Facility taking duly into account the latest Enlargement Package. The Commission may adopt a decision concluding that some of these preconditions are not met, and in particular,such cases, shall withhold the release of funds referred to in Article 21, irrespective of the fulfilment of payment conditions referred to in Article 16(3).
Amendment 467 #
2023/0397(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point a a (new)
Article 13 – paragraph 1 – point a a (new)
(aa) (aa) measure related to negotiation chapter 32, particularly public finance management and internal control, as well as on fight against fraud, together with chapters 23 and 24, particularly when it comes to justice, corruption and organised crime and chapter 8, particularly on State aid control.
Amendment 506 #
2023/0397(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4a. 4a. The Commission shall request the Beneficiary to review and/or modify the Reform Agendas to address the potential risks when the outcomes of its assessment reveals that some or all criteria as stated in Article 14 (3) are not met. Such a revision would be aligned with the approval process for the cross- border programmes in which the Western Balkan countries participate.
Amendment 529 #
2023/0397(COD)
Proposal for a regulation
Article 21 – paragraph 7
Article 21 – paragraph 7
7. 7. The Commission may reduce the amount of the non-repayable financial support, including by offsetting in line with Article 102 of Regulation (EU, Euratom) 2018/1046, or of the loan, in the event of identified cases of, or serious concerns in relation to, irregularities, fraud, corruption and conflicts of interests affecting the financial interests of the Union that have not been corrected by the Beneficiary, or a serious breach of an obligation resulting from the Facility Agreements or from the Loan Agreements, including on the basis of information provided by OLAF and/or the European Court of Auditors.
Amendment 531 #
2023/0397(COD)
Proposal for a regulation
Article 22 – paragraph 2 – introductory part
Article 22 – paragraph 2 – introductory part
2. 2. The Facility Agreement and loan agreements shall provide for the following obligations of the Beneficiary:
Amendment 27 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall take appropriate action, such as information and awareness-raising campaigns and research and education programmes, to raise public awareness on the harmfulness and real impact on public budgets of corruption and reduce the risk and overall commission of corruption offences as well as the risk of corruption.
Amendment 45 #
2023/0135(COD)
Proposal for a directive
Article 3 – paragraph 6
Article 3 – paragraph 6
6. Where appropriate, Member States shall take measures to promote the participation of civil society, non- governmental organizations and community-based organizations in anti- corruption activities by promoting available reporting mechanisms and publicising rights relating to the protection of persons who report breaches of EU law.
Amendment 52 #
2023/0135(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
Without prejudice to the rules on cross- border cooperation and mutual legal assistance in criminal matters, Member States’ authorities, Europol, Eurojust, the European Public Prosecutor's Office, the European Anti-Fraud Office (OLAF) and the Commission shall, within their respective competences, cooperate with each other in the fight against the criminal offences referred to in this Directive. To that end, where appropriate, Europol, Eurojust, the European Public Prosecutor’s Office, the European Anti-Fraud Office (OLAF), and the Commission shall provide technical and operational assistance in accordance with their respective mandates to facilitate the coordination of investigations and prosecutions by the competent authorities. In order to do that, effective data collection and sharing shall be guaranteed among all the authorities involved, including the swift processing of requests for access by a Member State’s investigation services.
Amendment 33 #
2022/2020(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Criticises the fact that more and more legislative proposals lack a thorough impact assessment with the involvement of all of the various stakeholders and with a clear financial and budgetary analysis; calls on the Commission to attach greater importance to the quality of legislative work and to take a realistic approach to the administrative, financial and budgetary consequences; urges the Commission to be quicker to set up and launch tendering procedures with a view to developing impact assessments for independent operators;
Amendment 38 #
2022/2020(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States, when implementing EU programmes, always to take account of the needs and experience of the regional and local authorities that are involved in the implementation of the funds, both as regards their administrative capacity and the suitability of the operational and audit procedures that they have to implement; in this connection, urges the Commission to develop support mechanisms for local authorities that need it;
Amendment 41 #
2022/2020(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is of the opinion that digitalisation and the adoption of more sophisticated IT tools would improve the management, control and audit of EU funds, and could contribute to substantially reducing bureaucracy, assuming that IT tools in the Member States and at the Commission are interoperable; considers that digitalisation allows easier and quicker access to important data during verifications and, therefore, to a reduction in the number of controls; highlights that, nevertheless, no IT system could ever completely replace the human factor; insists that well-trained staff continue to play an important role in the management and control system of the EU funds; calls on the Member States to ameliorate the digitalisation of administrative work with a view to a harmonised approach, and to ensure the proper training of staff involved in the implementation of EU funds, as well as in control and audits, allowing them to fully understand the capabilities of the IT tools, know what to expect in terms of the results produced and understand their role in the decision-making process;
Amendment 156 #
2018/2103(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to undertake adequate measures safeguarding and promoting a pluralist, independent and free media; Calls on the Commission and the Member States to implement legislative frameworks in order to avoid concentration of ownerships in the media sector;
Amendment 161 #
2018/2103(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses its concern that few specific legal provisions to ensure the protection of media actors from violence, threats and pressures can be identified at national level in EU Member States; expresses its concern over the precarious working conditions for journalists and the amount of psychological violence they witness, which compromises their ability to work appropriately and thus hampers media freedom; expresses its deep concern about deadly attacks still being committed against journalists in the Member States; urges the law enforcement national authorities to take all the measures to prevent such violence and further cooperate with EUROPOL, to accelerate investigations on the deaths of journalists in the European Union;
Amendment 181 #
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; reiterates the need for a dedicated funding, as outlined in the European Parliament’s resolution on establishing European Values Instrument (EVI), to provide support to CSOs engaged in promoting fundamental values in the European Union; 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 253 #
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; calls on the Member States to update their criminal codes accordingly to the Council Directive 2000/78/EC Establishing a general framework for equal treatment in employment and occupation and the Council Directive 2000/43/EC which implement the principle of equal treatment between persons irrespective of racial or ethnic origin, homosexuality and disabilities should be found in every catalogue of features protected against discrimination;
Amendment 274 #
2018/2103(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Affirms that the separation of powers and the independence of the judiciary are essential to ensure the effective functioning of the rule of law in any society; recalls that this concept is enshrined in the 1948 Universal Declaration of Human Rights, in the principles of equality before the law, the presumption of innocence and the right to a fair and public hearing by a competent, independent and impartial tribunal established before the law; these fundamental values were the inspiration for the introductory articles of the European Treaties, which every Member State has willingly endorsed and committed themselves to respecting;
Amendment 295 #
2018/2103(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that, in accordance with Article 17(1) of the TEU, 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;
Amendment 297 #
2018/2103(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Notes the Commission's and the Council's efforts to ensure that all Member States fully uphold the rule of law, but also the limited impact of the procedures regarding the art. 7(1) TEU; considers that all legal steps, taken thus far, in the scope of art. 7(1), are insufficient and has not brought any tangible results on the general situation of the rule of law in the Union; calls on the Council to start, without further delay, the necessary proceedings to determine whether there is an existence of a clear risk of a serious breach of the values on which the Union is founded in the Member States concerned;
Amendment 313 #
2018/2103(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Shares the view that any rule of law assessment should be based on solid, objective and comparable data and analysis; Wrecalls that fundamental rights should be included as part of the impact assessment for all legislative proposals; welcomes in this regard the FRA’s new European Union Fundamental Rights Information System (EFRIS), which will bring together all existing information relevant to fundamental rights delivered under the different mechanisms at UN, Council of Europe and EU level;
Amendment 321 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses that corruption is a serious threat to democracy, rule of law and fundamental rights; reiterates that corruption poses a threat to good governance and the economic development; calls on the Member States and the EU institutions to fight corruption and to devise effective instruments for combating fraud;
Amendment 330 #
2018/2103(INI)
Motion for a resolution
Paragraph 21 c (new)
Paragraph 21 c (new)
21c. Highlights the importance of the freedom of movement and residence of European citizens and their families, as one of the most important fundamental values for our citizens;
Amendment 343 #
2018/2103(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Recalls, that all the Member States are signatories to Geneva Conventions, and are therefore obliged to ensure that all Its provisions are respected, regardless of the circumstances.
Amendment 366 #
2018/2103(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Acknowledges, that while there may be indications that an asylum procedure is lengthy, determining the appropriate time of such a procedure seems almost impossible. The right to good administration and to a fair hearing within a reasonable time is infringed by asylum procedures leaving an asylum seeker in a state of prolonged uncertainty and limbo. On the other hand, extremely truncated procedures may violate the individual’s right of access to asylum and to an effective remedy; Calls therefore on Member States to accelerate the procedures, while keeping all the necessary security safeguards, in order not to detain migrants more than it is necessary, since it has a negative impact on their following integration process;
Amendment 2 #
2018/2092(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the Commission eighth bi-annual report on the functioning of the Schengen area of 15December 2015 (COM(2015) 675 final),
Amendment 6 #
2018/2092(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the completion of the Schengen evaluation process for Bulgaria and Romania and the state of preparedness of the two countries to implement all the provisions of the Schengen acquis were confirmed at experts' level and by the Council in its conclusions of 9 and 10 June 2011; whereas in its draft decision of 8 July 2011, the Council verified that the necessary conditions for the application of the Schengen acquis had been met in all areas, namely data protection, air borders, land borders, sea borders, police cooperation, the Schengen Information System, sea borders and visas; whereas Bulgaria and Romania’s state of preparedness to apply the Schengen acquis in full has been acknowledged by the Commission and Parliament, most recently in the Commission communication of 27 September 2017 and Parliament’s resolution of 30 May 2018;
Amendment 7 #
2018/2092(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the Schengen area is a unique arrangement and one of the greatest achievements of the European Union, allowing free movement of people within the Schengen area without controls at internal borders; whereas this has been made possible through a variety of compensating measures, such as re- enforcing the exchange of information through the establishment of the Schengen Information System (SIS) and creating an evaluation mechanism to verify the implementation of the Schengen acquis by Member States and foster mutual trust in the functioning of the Schengen area;
Amendment 8 #
2018/2092(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. whereas Romania and Bulgaria adopted the Schengen acquis when joining the EU in 2007; whereas Bulgaria issued its declaration of readiness to start the evaluations carried out by the Schengen Evaluation Working Group (SCH-EVAL) in 2008; whereas Romania issued its declaration of readiness to start the evaluations carried out by the Schengen Evaluation Working Group in 2007 and 2008; whereas SCH-EVAL was constituted by experts from Schengen States;
Amendment 12 #
2018/2092(INI)
Motion for a resolution
Recital F
Recital F
F. whereas neither the 2005 Act of Accession nor the Schengen evaluation proceduresmechanism provide for setting different timeframes for the abolition of checks at internal land, sea and air borders; whereas all previous enlargements of the Schengen area were established with a single legal act;
Amendment 24 #
2018/2092(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Regrets the fact that Parliament was not consulted on the content of the draft Council decision of 7 December 2011; recalls that the Council is bound by the obligation to consult Parliament as laid down in the 2005 Act of Accession; reiterates its call on the Council to notify Parliament if it intends to depart from the text approved by Parliament in its legislative resolution of 8 June 2011;
Amendment 51 #
2018/2092(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recalls that the cooperation and verification mechanism is not, in any way, linked to the accession to Schengen nor should it be as it is also not an item of evaluation for Schengen States;
Amendment 54 #
2018/2092(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Council to present a newapprove its draft decision of 29 September 2010 (14142/2010) on the full application of the provisions of the Schengen acquis in Bulgaria and Romania as soon as possible and, by means of a single legal act, take an immediate decision for the abolition of checks at internal land, sea and air borders;
Amendment 56 #
2018/2092(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls on the Council to apply the same approach to Croatia as soon as Croatia successfully completes the evaluations carried and the relevant criteria are met;
Amendment 12 #
2018/2089(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the need for the EU to introduce as soon as possible a clear and innovative regulatory framework, so as to place Europe at the forefront of the market in driverless vehicles, maintain competitiveness and foster job creation and innovation;
Amendment 42 #
2018/2089(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Considers it a matter of urgency to introduce a clear legal framework clarifying issues of liability with regard to driverless vehicles;
Amendment 182 #
2018/0330(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17 a) The remit of action of the European Maritime Safety Agency and the European Fisheries Control Agency have enlarged and their cooperation with the Agency has been reinforced; the European Commission should therefore present a proposal to include these agencies, along with any other relevant actors such as member states, in the scope of application of Regulation 656/2014 of the European Parliament and of the Council of 15 May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union;
Amendment 207 #
2018/0330(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) The practice of travelling in small and unseaworthy vessels has dramatically increased the number of migrants drowning at the southern maritime external borders. EUROSUR should considerably improve the operational and technical ability of the Agency and the Member States to detect such small vessels and to improve the reaction capability of the Member States to conduct Search and Rescue operations, thereby contributing to reducing the loss of lives of migrants.
Amendment 227 #
2018/0330(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) The vulnerability assessment and the Schengen evaluation mechanism established by Council Regulation (EU) No 1053/201320 are two complementary mechanisms for guaranteeing the European quality control on the proper functioning of the Schengen area and ensuring the constant preparedness at the Union and national levels to respond to any challenges at the external borders. The synergies between those mechanisms should be maximised in view of establishing an improved situational picture on the functioning of the Schengen area, avoiding, to the extent possible, duplication of efforts on the Member States' side, and ensuring a better- coordinated use of the relevant Union financial instruments supporting the management of the external borders. For that purpose a regular exchange of information between the Agency and the Commission on the results of both mechanisms should be established. _________________ 20 Council Regulation (EU) No 1053/2013 of 7 October 2013 establishing an evaluation and monitoring mechanism to verify the application of the Schengen acquis and repealing the Decision of the Executive Committee of 16 September 1998 setting up a Standing Committee on the evaluation and implementation of Schengen (OJ L 295, 6.11.2013, p. 27).
Amendment 228 #
2018/0330(COD)
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38 a) The Schengen Evaluation Mechanism should remain the fundamental instrument for evaluating the implementation and compliance of Union legislation;
Amendment 454 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) a quality control mechanism, in particular the Schengen evaluation mechanism, the vulnerability assessment and possible national mechanisms, to ensure the implementation of Union legislation in the area of border management;
Amendment 455 #
2018/0330(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(k a) Capacity and readiness , through the vulnerabilities assessment, in order to assess the capability of Member States to address current and future challenges and threats at the external borders, including disproportionate migratory pressure;
Amendment 565 #
2018/0330(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point 20
Article 10 – paragraph 1 – point 20
20. cooperate with the European Union Agency for Asylum in particular in the context of the vulnerabilities assessment and to facilitate measures where third country nationals, whose application for international protection has been rejected by means of a final decision, are subject to return;
Amendment 617 #
2018/0330(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Agency may take all necessary measures to facilitate the exchange of information relevant to its tasks with the European Parliament, the Commission and the Member States and, where appropriate, third parties and third countries as referred to in Article 69 and Article 71.
Amendment 733 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 5
Article 33 – paragraph 5
5. In the vulnerability assessment, the Agency shall take into account Member States' capacity to carry out all border management tasks, including their capacity to deal with the potential arrival of large numbers of persons on their territory. For this purpose, the Agency shall, as appropriate, consult the relevant European Centralised Agencies, in particular the [European Agency for Asylum]
Amendment 736 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 6
Article 33 – paragraph 6
6. The results of the vulnerability assessment shall be submitted to the Member States concerned. The Member States concerned may comment on that assessment. If the results of the vulnerability assessment on a particular Member State reveal a serious deficiency deemed to constitute a serious threat to the functioning of the Schengen area, the management of the external borders public policy or internal security within the area without internal border controls, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 747 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 8 – subparagraph 1 a (new)
Article 33 – paragraph 8 – subparagraph 1 a (new)
These recommendations shall be made available to the European Parliament.
Amendment 764 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 10
Article 33 – paragraph 10
10. Where a Member State does not implement the necessary measures of the recommendation within the time limit referred to in paragraph 7 of this Article, the executive director shall refer the matter to the management board and notify the Commission. The management board shall adopt a decision on a proposal of the executive director setting out the necessary measures to be taken by the Member State concerned and the time limit within which such measures shall be implemented. The decision of the management board shall be binding on the Member State. If the Member State does not implement the measures within the time limit foreseen in that decision, the management board shall notify the European Parliament, the Council and the Commission and further action may be taken in accordance with Article 43.
Amendment 766 #
2018/0330(COD)
Proposal for a regulation
Article 33 – paragraph 11
Article 33 – paragraph 11
11. The results of the vulnerability assessment, including the issues encountered in each member State, the recommendations and the measures adopted by the each member State, shall be transmitted, in accordance with Article 91, on a regular basis and at least once a year to the European Parliament, to the Council and to the Commission.
Amendment 1021 #
2018/0330(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
The Agency shall develop, deploy and operate information systems and software applications allowinguse the relevant union systems, such as the Schengen Information System, for the exchange of classified and sensitive non-classified information for the purpose of return within the European Border and Coast Guard and for the purpose of exchanging personal data referred to in Articles 87- 89in accordance with Commission Decision (EU, Euratom) 2015/444, Commission Decision (EU, Euratom) 2015/443 and [Regulation (EC) No 45/2001].
Amendment 1024 #
2018/0330(COD)
Proposal for a regulation
Article 50 – paragraph 2
Article 50 – paragraph 2
Amendment 1219 #
2018/0330(COD)
Proposal for a regulation
Article 70 – paragraph 1 – point e
Article 70 – paragraph 1 – point e
(e) sharing capacity by planning and implementing multipurpose operations, including Search and Rescue, and by sharing assets and other capabilities, to the extent that these activities are coordinated by those agencies and are agreed to by the competent authorities of the Member States concerned.
Amendment 1321 #
2018/0330(COD)
Proposal for a regulation
Article 83 – paragraph 8 – subparagraph 1
Article 83 – paragraph 8 – subparagraph 1
For the purpose of this Regulation, the host Member State shall authorise members of the teams to consult European databases the consultation of which is necessary for fulfilling operational aims specified in the operational plan on border checks, border surveillance and return in accordance with the legal basis of such databases. The host Member State may also authorise them to consult its national databases where necessary for the same purpose. Member States shall ensure that they provide such database access in an efficient and effective manner. The members of the teams shall consult only those data which are required for performing their tasks and exercising their powers. The host Member State shall, in advance of the deployment of the members of the teams, inform the Agency of the national and European databases which may be consulted. The Agency shall make this information available to all Member States participating in the deployment.
Amendment 1407 #
2018/0330(COD)
Proposal for a regulation
Article 91 – paragraph 3
Article 91 – paragraph 3
3. Classification shall not preclude information being made available to the European Parliament. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall be approved bycomply with rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission .
Amendment 131 #
2018/0329(COD)
Proposal for a directive
Recital 4
Recital 4
(4) That European return policy should be based on common standards, for persons to be returned in a humane manner and with full respect for their fundamental rights and dignity, as well as international law, including the UN Convention of the rights of the Child, refugee protection and other human rights obligations. Clear, transparent and fair rules need to be established to provide for an effective return policy which serves as a deterrent to irregular migration and ensures coherence with and contributes to the integrity of the Common European Asylum System and the legal migration system.
Amendment 145 #
2018/0329(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The need for Union and bilateral readmission agreements with third countries to facilitate the return process is underlined. International cooperation with countries of origin at all stages of the return process is a prerequisite to achieving sustainable and effective return.
Amendment 147 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegally staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement, international law and Union law.
Amendment 159 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate with the authorities at all stages of the return procedure, including by providing the information and elements that are necessary in order to assess their individual situation or remaining present and available at all stages of the return procedure.. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention, and in relation to the access to programmes providing logistical, financial and other material or in-kind assistance. Member States should ensure that the consequences of non-complying are not excessive or disproportionate. The obligation to cooperate should not affect children.
Amendment 205 #
2018/0329(COD)
Proposal for a directive
Recital 21
Recital 21
(21) The necessary legal aid should be made available , upon request, to those who lack sufficient resources. National legislation should establish a list of instances where legal aid is to be considered necessary. Member States should ensure that children receive legal aid and information on their rights and procedures by qualified child protection authorities in a child-friendly manner and in a language that children understand.
Amendment 217 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be a measure of last resort and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient. Member States should develop alternatives to detention, such as community-based facilities for families with children and ensure that unaccompanied minors are not detained.
Amendment 307 #
2018/0329(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual violence and exploitation.
Amendment 312 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
When adopting a return decision and implementing this Directive, Member States shall take due account of:
Amendment 314 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) the best interests of the child in all cases where children are affected;
Amendment 364 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
The existence of a risk of absconding shall be determined on the basis of an overall individual assessment of the specific circumstances of the individual case, taking into account the objective criteria referred to in paragraph 1.
Amendment 403 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals about thein a clear manner about the return procedure and consequences of not complying with the obligation referred to in paragraph 1.
Amendment 405 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Member States shall ensure that the consequences of non-complying are proportionate and not excessive and that they are not imposed on children.
Amendment 435 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
A return decision shall provide for an appropriate period for voluntary departure of up to thirty days, without prejudice to the exception referred to in paragraphs 2 and 4. Member States may provide in their national legislation that such a period shall be granted only following an application by the third-country national concerned. In such a case, Member States shall inform the third-country nationals concerned of the possibility of submitting such an application and clearly inform about the procedure.
Amendment 449 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 – introductory part
Article 9 – paragraph 4 – introductory part
4. Member States shall not grant a period for voluntary departure, after an individual assessment, in following cases:
Amendment 464 #
2018/0329(COD)
Proposal for a directive
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. A period of voluntary departure may be granted by authorities, after an individual assessment, in cases where the third country national is in detention pending a return decision.
Amendment 476 #
2018/0329(COD)
Proposal for a directive
Article 11 – paragraph 2 – point a a (new)
Article 11 – paragraph 2 – point a a (new)
(aa) completion of schooling for children;
Amendment 482 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, Member States shall carry out a best interests assessment, taking into account the specific circumstances of the child, to identify durable solutions for the child. If a return decision is issued based on a best interests assessment, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the child.
Amendment 485 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Before removing an unaccompanied minor from the territory of a Member State, the authorities of that Member State shall be satisfied that he or she will be returned to a member of his or her family, a nominated guardian or adequate reception facilities in the State of return. Authorities shall ensure that there is a handover from child protection authorities of the Member States to child protection authorities of the State of return.
Amendment 488 #
2018/0329(COD)
Proposal for a directive
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Unaccompanied minors shall be assisted and represented by a qualified guardian throughout the whole return procedure.
Amendment 134 #
2018/0250(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) Pursuant to Article 349 of the TFEU and in line with the Commission Communication “A stronger and renewed strategic partnership with the EU’s outermost regions25”, endorsed by the Council in its conclusion of 12 April 2018, relevant Member States should ensure that their programmes address the specific challenges the outermost regions face in the field of security, such as civil protection or the deployment and connection of European Information Systems. The Fund supports these Member States with adequate resources to help these regions as appropriatein light of such specificities. __________________ 25 COM (2017)623 final.
Amendment 126 #
2018/0249(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Actions funded under this Instrument should be implemented in full compliance with the provisions of the Charter of Fundamental Rights of the European Union, Union data protection law, the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR), the principle of fair treatment of third- country nationals, the right to asylum and international protection, the principle of non-refoulement and the international obligations of the Union and Member States arising from international instruments to which they are signatory such as the Geneva Convention Relating to the Status of Refugees of 28 July 1951, as supplemented by the New York Protocol of 31 January 1967. Special attention should also be given to the identification, immediate assistance and referral to protection services of vulnerable persons, in particular children and unaccompanied minors.
Amendment 138 #
2018/0249(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) As customs authorities of the Member States have been taking up an increasing number of responsibilities which often extend to the field of security and take place at the external border, ensuring uit is important to foster inter-agency cooperation, including information sharing through existing information exchange tools, as a component of the European integrated border management approach, as referred to in Article 4(e) of Regulation (EU)2016/16241a. Uniformity in carrying out border control and customs control at the external borders needs to be addressensured by providing adequate Union financial support to the Member States. This will not only strengthen customs controls but also facilitate legitimate trade, contributing to a secure, effective and efficient customs union.
Amendment 163 #
2018/0249(COD)
Proposal for a regulation
Recital 31 a (new)
Recital 31 a (new)
(31a) When implementing actions funded under the Instrument which are related to maritime border surveillance, Member States shall pay special attention to their obligations under international maritime law to render assistance to persons in distress. In that regard, equipment and systems supported under the Instrument shall be used to address search and rescue situations which may arise during a border surveillance operation at sea, thereby contributing to ensuring the protection and saving the lives of migrants.
Amendment 169 #
2018/0249(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) The Commission should pay particular attention to the evaluation of actions and programmes related to third countries.
Amendment 172 #
2018/0249(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) The instrument should reflect the need for increased flexibility and simplification while respecting requirements in terms of predictability, and ensuring a fair and transparent distribution of resources to meet the objectives laid down in this Regulation. The implementation of the instrument should be guided by the principles of efficiency, effectiveness and quality of spending. Furthermore, the implementation of the instrument should be as user-friendly as possible.
Amendment 183 #
2018/0249(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) For the purpose of implementation of actions under shared management, the instrument should form part of a coherent framework consisting of this Regulation, the Financial Regulation and Regulation (EU) No …/… [CPR]. In the event of conflicting provisions, this Regulation should take precedence over Regulation (EU) No.../... [CPR].
Amendment 184 #
2018/0249(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In accordance with Regulation (EU) No …/… [new Financial Regulation]41 , Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council42 , Council Regulation (Euratom, EC) No 2988/9543 , Council Regulation (Euratom, EC) No 2185/9644 and Council Regulation (EU) 2017/193945 , 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 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 illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council46 . 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. The results of investigations into irregularities or fraud in relation to the instrument should be made available to the European Parliament. _________________ 41 OJ C […], […], p. […]. 42 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). 43 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). 44 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). 45 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). 46 Directive (EU) 2017/1939 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 185 #
2018/0249(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) Pursuant to Article 349 of the TFEU and in line with the Commission Communication A stronger and renewed strategic partnership with the EU's outermost regions, endorsed by the Council in its conclusion of 12 April 2018, the relevant Member States should ensure that their national programmes address emerging threats the outermost regions are confronted with, such as border surveillance, disproportionate influx of people or the deployment of European Information Systems. The instrument supports these Member States with adequate resources to help the outermost regions as appropriatein light of such specificities.
Amendment 186 #
2018/0249(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) Pursuant to paragraph 22 and 23 of the Interinstitutional Agreement for Better Law-Making of 13 April 201648 , there is a need to evaluate this instrument on the basis of information collected through specific monitoring requirements, while avoiding overregulation and administrative burden, in particular on Member States. These requirements, where appropriate, can include measurablqualitative and quantitive indicators, as a basis for evaluating the effects of the instrument on the ground. In order to measure the achievements of the instrument, indicators and related targets should be established in relation to each specific objective of the instrument. _________________ 48 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making of 13 April 2016; OJ L 123, 12.5.2016, p. 1–14.
Amendment 187 #
2018/0249(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) Through the indicators and financiale Commission should present a summary of the accepted annual performance reporting,s to the Commission and the Member States should monitor the implementation of the instrument, in accEuropean Parliament and the Council every year. Upon request, the Commission should make the full text of the annual perfordmance with the relevant provisions of Regulation (EU) No …/… [CPR] and this Regulationreports available to the European Parliament and the Council.
Amendment 189 #
2018/0249(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes the instrument for financial support for border management and visa (‘the instrument’) as part of the Integrated Border Management Fund (‘the Fund’) for the period from 1 January 2021 to 31 December 2027.
Amendment 190 #
2018/0249(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. ItThis Regulation lays down the objectives of the instrument, the specific objectives and measures to implement those specific objectives, the budget for the period 2021- 2027, the forms of Union funding and the rules for providing such funding .
Amendment 205 #
2018/0249(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Within the objectives referred to in Article 3 and in In-line with the implementation measures listed in Annex II, the instrument shall in particular supportsupport actions that contribute to the achievement of the objectives referred to in Article 3. They may include the actions listed in Annex III.
Amendment 208 #
2018/0249(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. To achieve the objectives referred to in article 3 of this Regulation, the instrument may support actions in line with Union priorities as referred to in Annex III in relation to and in third countries, where appropriate, in accordance with Article 5.
Amendment 221 #
2018/0249(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 interventions, and shall focus on bringing Union added value to the objectives of this Regulation.
Amendment 229 #
2018/0249(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 be used to respond to urgent needs, in line with agreed Union priorities as outlined in Annex II or support measures in accordance with article 20.
Amendment 233 #
2018/0249(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
6. The Commission shall adopt financing decisions as referred to in Article 110 of the Financial Regulation for the thematic facility, identifying the objectives and the actions to be supported and specifying the amounts for each of its components, as referred to in paragraph 1. Financing decisions shall set out, where applicable, the overall amount reserved for blending operations. To ensure a timely availability of resources, the Commission may separately adopt a work programme for emergency assistance
Amendment 243 #
2018/0249(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Each Member State and the Commission shall ensure that the priorities addressed in itsthe national programme are consistent with and respond to the Union priorities and challenges in the area of border management and visa, and that they are fully in line with the relevant Union acquis and agreed Union priorities. In defining the priorities of their programmes, Member States shall ensure that the implementing measures as set out in Annex II are adequately addressed.
Amendment 251 #
2018/0249(COD)
Proposal for a regulation
Article 12 – paragraph 8
Article 12 – paragraph 8
8. Where necessary, the programme in question shall be amended to take into account the recommendations referred to in paragraph 5 and the progress in achieving the milestones and targets as assessed in the annual performance reports as referred to in Article 27(2)(a). Depending on the impact of the adjustment, the revised programme mayshall be approved by the Commission in line with the procedure set out in Article 19 of Regulation (EU) No.../... [CPR].
Amendment 260 #
2018/0249(COD)
Proposal for a regulation
Article 12 – paragraph 12 – introductory part
Article 12 – paragraph 12 – introductory part
12. As regards operating equipment, including means of transport, and communication systems required for effective and secure border control and Search and Rescue purchased with the support of this instrument, the following shall apply:
Amendment 264 #
2018/0249(COD)
Proposal for a regulation
Article 12 – paragraph 15
Article 12 – paragraph 15
15. Programming as referred to inIn accordance with Article 17(5) of Regulation (EU) No …/…X [CPR] shall be based on, each programme shall set out for each specific objective the types of intervention set out inin accordance with Table 1 of Annex VI and an indicative breakdown of the programmed resources by type of intervention or area of support.
Amendment 270 #
2018/0249(COD)
Proposal for a regulation
Article 13 – paragraph 2
Article 13 – paragraph 2
2. If at least 107 % of the initial allocation of a programme referred to in Article 10(1)(a) has not been covered by interim payment applications submitted in accordance with Article 85 of Regulation (EU) No …/… [CPR], the Member State concerned shall not be eligible to receive the additional allocation for its programme referred to in paragraph 1.
Amendment 271 #
2018/0249(COD)
Proposal for a regulation
Article 13 – paragraph 2 a (new)
Article 13 – paragraph 2 a (new)
2a. Paragraph 2 is applicable only if the relevant regulatory framework and related acts are in force when on the 1st of January 2022.
Amendment 272 #
2018/0249(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The allocation of the funds from the thematic facility as from 2025 shall, where appropriate, take into account the progress made in achieving the milestones of the performance framework as referred to in Article 12 of Regulation (EU) No …/… [CPR] and identified implementation shortcomings.
Amendment 276 #
2018/0249(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Member States using operating support shall comply with the Union acquis on borders and visas.
Amendment 278 #
2018/0249(COD)
Proposal for a regulation
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Without prejudice to Article 4(3)(c), operating support shall be concentrated on specific tasks and serviceactions as laid down in Annex VII.
Amendment 280 #
2018/0249(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
The instrumentFund may support technical assistance measures implemented at the initiative of, or on behalf of, the Commission. Those measures, namely, preparatory, monitoring, control, audit, evaluation and all administrative and technical assistance actions necessary for the implementation of this Regulation and, where appropriate with third countries, may be financed at the rate of 100%.
Amendment 282 #
2018/0249(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The recipients of Union funding shall acknowledge the origin and ensure the visibility of the Union funding, in particular when promotinge the actions and their results, by providing coherent, effective and proportionate targeted information to multiple relevant audiences, including the media and the public. To ensure the visibility of Union funding, recipients of Union funding shall make reference to its origin when communicating on the action.
Amendment 284 #
2018/0249(COD)
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall implement information and communication actions relating to the implementation of this instrument, its actions and results. In particular, the European Commission shall publish information concerning the implementation of the annual and multiannual programmes of the Thematic Facility. The European Commission shall also publish the list of operations, projects and contracts selected for support on their website in at least one of the official languages of the Union and shall update that list at least every three months. Financial resources allocated to this instrument shall also contribute to the corporate communication on the implementation of political priorities of the Union, as far as they are related to the objectives of this Regulation. In particular, the European Commission may promote best practices and exchange information as regards to the implementation of the fund.
Amendment 291 #
2018/0249(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. The instrument shall provide financial assistance to address urgent and specific needs in the event of an emergency situation resulting from an urgent and exceptional pressure where a large or disproportionate number of third-country nationals have crossed, are crossing or are expected to cross the external borders of one or more Member States, in particular at border sections where the impact level has been identified as such that it jeopardises the functioning of the whole Schengen area, or any other situation of urgent and exceptional pressure within the scope of this Regulation that requires immediate action. The Commission shall inform the European Parliament and the Council in a timely manner
Amendment 300 #
2018/0249(COD)
Proposal for a regulation
Article 23 – paragraph 4 a (new)
Article 23 – paragraph 4 a (new)
4a. Where necessary for the implementation of the action, emergency assistance may cover expenditure which was incurred prior to the date of submission of the grant application or the request for assistance, but not prior to 1 January 2021.
Amendment 303 #
2018/0249(COD)
Proposal for a regulation
Article 24 – paragraph 2 – introductory part
Article 24 – paragraph 2 – introductory part
2. AcOperations awarded a seal of Excellence certification, or which comply with the following cumulative comparable conditions:
Amendment 309 #
2018/0249(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. TBy the end of 2024, the Commission shall carry oupresent a mid-term and a retrospective evaluation of this Regulation, includ. The mid- term evaluation shall examinge the actions implemented undereffectiveness, efficiency, relevance and coherence of thise instrument. More specifically, it shall include an assessment of:
Amendment 310 #
2018/0249(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1 (new)
Article 26 – paragraph 1 – subparagraph 1 (new)
(a) the progress towards the achievement of the objectives of this Regulation, taking into account all relevant information already available, in particular the annual performance reports referred to in article 27 and the output and result indicators set out in Annex VIII to this Regulation.
Amendment 311 #
2018/0249(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point 1 (new)
Article 26 – paragraph 1 – point 1 (new)
(1) (b) the EU added value of actions implemented under this Fund.
Amendment 312 #
2018/0249(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point 2 (new)
Article 26 – paragraph 1 – point 2 (new)
(2) (c) the appropriateness of the implementation measures set out in Annex II to address existing and emerging security challenges.
Amendment 313 #
2018/0249(COD)
Proposal for a regulation
Article 26 – paragraph 1 – point 3 (new)
Article 26 – paragraph 1 – point 3 (new)
(3) The use of the instrument to address shortcomings identified by the Schengen Evaluation Mechanism and the Vulnerabilities assessment
Amendment 322 #
2018/0249(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(fa) any project implemented in or in relation to third countries.
Amendment 323 #
2018/0249(COD)
Proposal for a regulation
Article 27 – paragraph 3 a (new)
Article 27 – paragraph 3 a (new)
3a. The Commission shall submit a summary of the annual performance reports to the European Parliament and the Council on an annual basis. The full text of the annual performance reports shall be made available to the European Parliament and the Council upon request.
Amendment 358 #
2018/0249(COD)
Proposal for a regulation
Annex II – point 1 – point e a (new)
Annex II – point 1 – point e a (new)
(ea) increasing the capacities of render assistance to person in distress, including search and rescue operations.
Amendment 71 #
2018/0207(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Those rights and values must continue to be promoted and enforccultivated, protected and sharpromoted among the citizens and peoples and be at the heart of the EU project. Therefore, a new Justice, Rights and Values Fund, comprising the Rights and Values and the Justice programmes shall be created in the EU budget. At a time where European societies are confronted with extremism, radicalism and divisions, it is more important than ever to promote, strengthen and defend justice, rights and EU values: human rights, respect for human dignity, freedom, democracy, equality, the rule of law. It is also crucial to create an enabling environment for peaceful democratic dialogue between representatives of different views. This will have profound and direct implications for political, social, cultural and economic life in the EU. As part of the new Fund, the Justice Programme will continue to support the further development of Union area of justice and cross-border cooperation. The Rights and Values Programme will bring together the 2014-2020 Programme Rights, Equality and Citizenship established by Regulation (EU) No 1381/2013 of the European Parliament and of the Council8 and the Europe for Citizens programme established by Council Regulation (EU) No 390/20149, (hereafter ‘the predecessor Programmes’) and it will be adjusted to address new challenges to European values. __________________ 8 Regulation (EU) No 1381/2013 of the European Parliament and of the Council of 17 December 2013 establishing a Rights, Equality and Citizenship Programme for the period 2014 to 2020 (OJ L 354, 28.12.2013, p. 62) 9 Council Regulation (EU) No 390/2014 of 14 April 2014 establishing the ‘Europe for Citizens’ programme for the period 2014- 2020 (OJ L 115, 17.4.2014, p.3)
Amendment 78 #
2018/0207(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Justice, Rights and Values Fund and its two underlying funding programmes will focus primarily on people and entities, which contribute to make our common values, rights and rich diversity alive and vibrant. The ultimate objective is to nurture and sustain rights-based, equal, inclusive and democratic society. That includes a vibrant, resilient and empowered civil society, encouragingwhich fosters people’s democratic, civic and social participation and fosteringcultivates the rich diversity of European society, based on our common values, history and memory. Article 11 of the Treaty of the European Union further specifies that the institutions shall maintain an open, transparent and regular dialogue with civil society and shall, by appropriate means, give citizens and representative associations the opportunity to make known and publicly exchange their views in all areas of Union action.
Amendment 82 #
2018/0207(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The Rights and Values programme (the ‘Programme’) should allow developing synergies to tackle the challenges that are common to the promotion and protection of values and to reach a critical dimension to have concrete results in the field. That should be achieved byddress the most important challenges to the promotion and protection of values, taking into account that the challenges may vary across the Union. To ensure concrete impact, the Programme should building on the positive experiencelessons of the predecessor Programmes. This will enable to fully exploit the potential of synergies, to more effectively support the policy areas covered and toIt should also take advantage of synergies with other policies and programmes of the Union and of other actors. This will increase their effectiveness and efficiency and will increase their potential to reach people. To be effective, the Programme should take into account the specific nature of the different policies, their different target groups and their particular needs through tailor-made approaches.
Amendment 84 #
2018/0207(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) Full respect and promotion of rule of law and democracy is a fundamental Union value. It is also the basic condition for building citizens’ trust in the Union as well as between Member States. Respect for the rule of law within the Union is a prerequisite for the protection of fundamental rights, as well as for upholding all rights and obligations deriving from the Treaties. This programme should therefore promote and safeguard fundamental rights, democracy and the rule of law at local, regional, national and transnational levels.
Amendment 95 #
2018/0207(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Remembrance activities and critical reflection on Europe’s historical memory are necessaryimportant to make citizens aware of the common history and values, as the foundation for a common future, moral purpose and shared values. The relevance of historical, cultural and intercultural aspects should also be taken into account, as well as the links between remembrance and the creation of a European identity and sense of belonging together.
Amendment 115 #
2018/0207(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Independent human rights bodies and civil society organisations play an essential role in promoting, safeguarding and raising awareness of the Union’s common values under Article 2 TEU, and in contributing to the effective enjoyment of rights under Union law, including the Charter of Fundamental Rights of the EU. As reflected in the European Parliament Resolution of 189 April 2018, adequate financial support is key to the development of a conducive and sustainable environment for civil society organisations to strengthen their role and perform their functions independently and effectively. Complementing efforts at national level, EU funding should therefore contribute to support, empower and build the capacity of independent civil society organisations active in the promotion of humanUnion values such as democracy, rule of law and fundamental rights, whose activities help the strategic enforcement of rights under EU law and the Charter of Fundamental Rights of the EU, including through advocacy and watchdog activities, as well as to promote, safeguard and raise awareness of the Union’s common values at national level.
Amendment 119 #
2018/0207(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, the Programme should be open, subject to certain conditions, to the participation of European Free Trade Association (EFTA) members which are members of the European Economic Area (EEA) and EFTA members which are not members of the EEA and other European countries. Acceding countries, candidate countries and potential candidate countries benefiting from a pre- accession strategy should also be able to participate in the Programme.
Amendment 120 #
2018/0207(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to ensure efficient allocation of funds from the general budget of the Union, it is necessary to ensure the European added value of all actions carried out, their complementarity to Member States’ actions, while consistency, complementarity and synergies shall be sought with funding programmes supporting policy areas with close links to each other, in particular within the Justice, Rights and Values Fund — and thus with the Justice Programme — as well as with Creative Europe programme, and Erasmus+ to realise the potential of cultural crossovers in the fields of culture, media, arts, education and creativity. It is necessary to create synergies with other European funding programmes, in particular in the fields of employment, internal market, enterprise, youth, health, citizenship, justice, migration, security, research, innovation, technology, industry, cohesion, tourism, external relations, trade and developmentincluding on local, national and international levels, directed at promoting and safeguarding the values enshrined in Article 2 of the Treaty of the European Union. The Commission should seek consistency, synergies and complementarity with Member States’ actions and with other funding programmes supporting policy areas with close links to Justice, Rights and Values Fund, including with Creative Europe programme, and Erasmus+, as well as with relevant policies of the Union.
Amendment 122 #
2018/0207(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Regulation (EU, Euratom) No [the new FR] (the ‘Financial Regulation’) applies to this Programme. It lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect implementation, financial assistance, financial instruments and budgetary guarantees. It is necessary to ensure that the Programme’s grant-making procedures and requirements are user- friendly for potential beneficiaries, including for local grassroot civil society organisations, and that they ensure full transparency on the use of resources, sound financial management and prudent use of resources.
Amendment 123 #
2018/0207(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their ability to achieve the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, for the Commission and the beneficiaries, the capacity of potential beneficiaries and the expected risk of non- compliance. This should include consideration of the use of lump sums, flat rates and, unit costs, financial support for third parties, as well as financing not linked to costs as referred to in Article 125(1) of the Financial Regulation. Co- funding should be accepted in kind, including in form of voluntary work, and may be waived in cases of limited complementary funding. In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council20 Council Regulation (Euratom, EC) No 2988/9521 Council Regulation (Euratom, EC) No 2185/9622 and Council Regulation (EU) 2017/193923 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 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 illegal activity affecting the financial interests of the Union. In accordance with Regulation (EU) 2017/1939, the European Public Prosecutor’s Office (EPPO) may investigate and prosecute fraud and other criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council24. 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. __________________ 20 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 L248, 18.9.2013, p. 1. 21 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). 22 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 L292.15.11.96, p.2). 23 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 L283, 31.10.2017, p.1). 24 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 124 #
2018/0207(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24a) In order to increase accessibility and provide guidance and practical information in relation to the Programme, contact points should be set up in Member States to provide assistance to both beneficiaries and applicants.
Amendment 125 #
2018/0207(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) TIn relation to the implementation of the specific objectives of promoting equality and rights, citizens’ engagement and participation in the democratic life of the Union, and combating violence against groups at risk, third countries which are members of the European Economic Area (EEA) may participate in Union programmes in the framework of the cooperation established under the EEA agreement, which provides for the implementation of the programmes by a decision under that agreement. Third countries may also participate on the basis of other legal instruments. A specific provision should be introduced in this Regulation to grant the necessary rights for and access to the authorizing officer responsible, the European Anti-Fraud Office (OLAF) as well as the European Court of Auditors to comprehensively exert their respective competences.
Amendment 130 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The general objective of the Programme is to protect and promote rights and values as enshrined in the EU Treaties, including particular by supporting civil society organisations at local, national and transnational levels, in order to sustain open, rights-based, democratic, equal and inclusive societies.
Amendment 133 #
2018/0207(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point a a (new)
Article 2 – paragraph 2 – point a a (new)
(aa) to promote and protect democracy, rule of law and fundamental rights on local, national and transnational levels (Union values strand).
Amendment 144 #
2018/0207(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) promoting equality as a universal fundamental right and a core value of the Union;
Amendment 157 #
2018/0207(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Union values strand The programme shall focus on protecting and promoting democracy, rule of law and fundamental rights by providing financial support for independent civil society organisations which cultivate these values at local, national and transnational levels, creating enabling environment for democratic dialogue between representatives of different views, and protecting and promoting fundamental rights, including strengthening freedom of expression, peaceful assembly and association, media freedom, and pluralism of the media, academic freedom, freedom of religion or belief and the right to privacy and family life, all by supporting, empowering and building the capacity of independent civil society organisations active in the promotion of values referred to in Article 2 of the Treaty of the European Union.
Amendment 166 #
2018/0207(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. No less than 65% of funds referred to in points (a) and (b) of paragraph 2 of this Article shall be allocated to action grants, operating grants and core funding for civil society organisations.
Amendment 168 #
2018/0207(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Programme may provide funding in any of the forms laid down in the Financial Regulation, which shall ensure sound financial management, prudent use of public funds, low administrative burden for the Programme operator and for beneficiaries as well as accessibility of the Programme funds to potential beneficiaries. The Programme shall provide funding primarily through action grants, annual and multiannual operating grants and core funding. It may use lump sums, unit costs, flat rates and financial assistance for third parties. Co- funding shall be accepted in kind and may be waived in cases of limited complementary funding.
Amendment 170 #
2018/0207(COD)
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 173 #
2018/0207(COD)
Proposal for a regulation
Article 18 a (new)
Article 18 a (new)
Article 18a Programme Contact Points The Commission shall set up contact points in all Member States in cooperation with local partners or the Member State in question. The contact points shall provide stakeholders and beneficiaries of the Programme with impartial guidance and practical information and assistance in relation to all aspects of the Programme, including in relation to the application procedure, project implementation procedures, reporting and other formalities. The contact points may be managed by Member States or civil society organisations or consortia thereof.
Amendment 175 #
2018/0207(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 78 #
2018/0112(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Online intermediation services, operating systems and online search engines, as well as the commercial transactions facilitated by those services, have an intrinsic cross- border potential and are of particular importance for the proper functioning of the Union’s internal market in today’s economy. The potentially unfair and harmful trading practices of certain providers of those services in respect of business users and corporate website users hamper the full realisation of that potential and negatively affect the proper functioning of the internal market. In addition, the full realisation of that potential is hampered, and the proper functioning of the internal market is negatively affected, by diverging laws of certain Member States which, with a varying degree of effectiveness, regulate those services, while other Member States are considering adopting such laws.
Amendment 90 #
2018/0112(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Since online intermediation services, operating systems and online search engines typically have a global dimension, this Regulation should apply to providers of those services regardless of whether they are established in a Member State or outside the Union, provided that two cumulative conditions are met. Firstly, the business users or corporate website users should be established in the Union. Secondly, the business users or corporate website users should, through the provision of those services, offer their goods or services to consumers located in the Union at least for part of the transaction. Such consumers should be located in the Union, but do not need to have their place of residence in the Union nor have the nationality of any Member State. Accordingly, this Regulation should not apply where the business users or corporate websites users are not established in the Union or where they are established in the Union but where they use online intermediation services or online search engines to offer goods or services exclusively to consumers located outside the Union or to persons who are not consumers.
Amendment 113 #
2018/0112(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Examples of online intermediation services covered by this Regulation should consequently include online e-commerce market places, including collaborative ones on which business users are active, online software applications services such as application stores, and online social media services. However, this Regulation should not apply to online advertising serving tools or online advertising exchanges which are not provided with the aim of facilitating the initiation of direct transactions and which do not involve a contractual relationship with consumers. This Regulation should also not apply to online payment services, since they do not themselves meet the applicable requirements but are rather inherently auxiliary to the transaction for the supply of goods and services to the consumers concerned.
Amendment 143 #
2018/0112(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) In order to protect business users and to provide for legal certainty for both sides, it should be possible for a competent court to establish that non-compliant terms and conditions are not binding on the business user concerneull and void, with effects ex nunc. Any such finding by a court should however only concern the specific provisions of the terms and conditions which are not compliant. The remaining provisions should remain valid and enforceable, in as far as they can be severed from the non- compliant provisions. Sudden modifications to existing terms and conditions may significantly disrupt business users’ operations. In order to limit such negative effects on business users, and to discourage such behaviour, modifications made in contravention of the obligation to provide a set notice period, should therefore be null and void, that is, deemed to have never existed with effects erga omnes and ex tunc.
Amendment 149 #
2018/0112(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) A provider of online intermediation services or online search engines can have legitimate reasons to apply restrictions or sanctions to business users, and to decide to suspend or terminate the provision of its services, in whole or in part, to a given business user, including by delisting individual goods or services of a given business user or effectively removing search results. However, given that such decisions can significantly affect the interests of the business user concerned, they should be properly informed of the reasons thereof. The statement of reasons should allow business users to ascertain whether there is scope to challenge the decision, thereby improving the possibilities for business users to seek effective redress where necessary. In addition, requiring a statement of reasons should help to prevent or remedy any unintended removal of online content provided by business users which the provider incorrectly considers to be illegal content, in line with Commission Recommendation (EU) No 2018/33422. The statement of reasons should identify the objective ground or grounds for the decision, based on the grounds that the provider had set out in advance in its terms and conditions, and refer in a proportionate manner to the relevant specific circumstances that led to that decision. _________________ 22 Commission Recommendation (EU) No 2018/334 of 1 March 2018 on measures to effectively tackle illegal content online (OJ L 63, 6.3.2018, p. 50).
Amendment 160 #
2018/0112(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The ranking of goods and services by the providers of online intermediation services has an important impact on consumer choice and, consequently, on the commercial success of the business users offering those goods and services to consumers. Providers of online intermediation services should therefore outline the main parameters determining ranking beforehand, in order to improve predictability for business users, to allow them to better understand the functioning of the ranking mechanism and to enable them to compare the ranking practices of various providers. The notion of main parameter should be understood to refer to any general criteria, processes, specific signals incorporated into algorithms or other adjustment or demotion mechanisms used in connection with the ranking. The description of the main parameters determining ranking should also include an explanation of any possibility for business users to actively influence ranking against remuneration, as well as of the relative effects thereof. This description should provide business users with an adequate understanding of how the ranking mechanism takes account of the characteristics of the actual goods or services offered by the business user, and their relevance to the consumers of the specific online intermediation services.
Amendment 167 #
2018/0112(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Similarly, the ranking of websites by the providers of online search engines, notably of those websites through which undertakings offer goods and services to consumers, has an important impact on consumer choice and the commercial success of corporate website users. Providers of online search engines should therefore provide a description of the main parameters determining the ranking of all indexed websites, including those of corporate website users as well as other websites. In addition to the characteristics of the goods and services and their relevance for consumers, this description should in the case of online search engines also allow corporate website users to obtain an adequate understanding of whether, and if so how and to what extent, certain design characteristics of the website used, such as their optimisation for display on mobile telecommunications devices, is taken into account. In the absence of a contractual relationship between providers of online search engines and corporate website users, that description should be available to the public in an obvious and easily accessible location on the relevant online search engine. To ensure predictability for corporate website users, the description should also be kept up to date, including the possibility that any changes to the main parameters should be made easily identifiable. Whilst the providers are under no circumstances required to disclose any trade secrets as defined in Directive (EU) 2016/943 of the European Parliament and of the Council23 when complying with this requirement to disclose the main ranking parameters, the description given should at least be based on actual data on the relevance of the ranking parameters used. _________________ 23 Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June 2016 on the protection of undisclosed know-how and business information (trade secrets) against their unlawful acquisition, use and disclosure (OJ L 157, 15.6.2016, p. 1).
Amendment 172 #
2018/0112(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
Amendment 186 #
2018/0112(COD)
Proposal for a regulation
Recital 19 b (new)
Recital 19 b (new)
Amendment 198 #
2018/0112(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) It is important that service providers of online intermediation services, search engines and operating systems, do not engage in unfair commercial practices (including commercial behaviour or the inclusion of unfair contractual terms) which have a detrimental impact on competition or on choice for consumers.
Amendment 201 #
2018/0112(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) Certain practices, such as the ones mentioned in the Annex, can be conclusively treated as unfair in all circumstances. The Platform Observatory should continuously review this list of practices and recommend updates to the Commission. As the market for online intermediation services evolves, the Commission should issue non-binding guidance on practices that may comprise unfair commercial practices.
Amendment 223 #
2018/0112(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) A close monitoring of the compliant application of this regulation is necessary. Member States shall designate national authorities to require the relevant information from providers of online intermediation services, online search engines and operating systems providers. The information gathered by those authorities should be provided to the Commission and to the Observatory on the Online Platform Economy upon request.
Amendment 226 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules to ensure that business users of online intermediation services, device operating systems and corporate website users in relation to online search engines are granted appropriate transparency and effective redress possibilities.
Amendment 235 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation shall apply to online intermediation services, device operating systems and online search engines provided, or offered to be provided, to business users and corporate website users, respectively, that have their place of establishment or residence in the Union and that, through online intermediation services or online search engines, offer goods or services to consumers located in the Union, irrespective of the place of establishment or residence of the providers of those services.
Amendment 238 #
2018/0112(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation shall be without prejudice to national rules which, in conformity with Union law, prohibit or sanction unilateral conduct or unfair commercial practices.
Amendment 242 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘business user’ means any natural or legal person which through online intermediation services offers or seeks to offer goods or services to consumers for purposes relating to its trade, business, craft or profession;
Amendment 261 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 3 b (new)
Article 2 – paragraph 1 – point 3 b (new)
(3b) ‘operating systems providers’ means any natural or legal person which provides, or which offers to provide, device operating systems.
Amendment 268 #
2018/0112(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘online search engine’ means a digital service that allows users to perform searches of, in principle, all websites or websites in a particular language on the basis of a query on any subject in the form of a keyword, vocal request, phrase or other input, and returns linksresults in any format in which information related to the requested content can be found;
Amendment 285 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. Providers of online intermediation services and providers of operating systems shall ensure that their terms and conditions:
Amendment 297 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) are easily available for business users at all stages of their commercial relationship with the provider of online intermediation services or the providers of operating systems, including in the pre- contractual stage;
Amendment 308 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) set out the objective grounds for decisions to suspend or terminate, in whole or in part, the provision of their online intermediation services to business useror of providers of operating systems to business users, or any other restrictions.
Amendment 314 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Terms and conditions, or specific provisions thereof, which do not comply with the requirements of paragraph 1 shall not be binding on the business user concernebe null and void where such non- compliance is established by a competent court.
Amendment 321 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
Providers of online intermediation services shalland providers of operating system shall actively notify to the business users concerned any envisaged modification of their terms and conditions.
Amendment 339 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. Modifications to terms and conditions implemented by a provider of online intermediation services or by providers of operating systems contrary to the provisions of paragraph 3 shall be null and void.
Amendment 345 #
2018/0112(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
5. Paragraph 3 shall not apply where a provider of online intermediation services or a provider of operating systems is subject to a legal obligation which requires it to modify its terms and conditions in a manner which does not allow it to respect the notice period referred to in the second subparagraph of paragraph 3.
Amendment 353 #
Amendment 354 #
2018/0112(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Where a provider of online intermediation services and of online search engines decides to sanction suspend or terminate, in whole or in part, the provision of its online intermediation services to a given business user, it shall provideinform the business user concerned at least 15 days before implementing that decision, and provide the business user, without undue delay, with a statement of reasons for that decision.
Amendment 379 #
2018/0112(COD)
Proposal for a regulation
Article 4 a (new)
Article 4 a (new)
Article 4a Article 4.1 shall not apply where a provider of online intermediation services is subject to a legal obligation to sanction, suspend, or terminate, in whole or in part, the provision of its online intermediation services to a given business, or does so in order to fight against illicit content. In such cases, the business user shall be notified without undue delay.
Amendment 441 #
2018/0112(COD)
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5a Providers of online search engines shall apply fair treatment and ranking criteria on a non-discriminatory basis to all corporate website users, including to corporate website users that a provider controls directly or indirectly. In particular, the same underlying processes and methods for the positioning and display in the general search results pages shall be applied. Those include all elements that have an impact on the visibility, triggering, ranking or graphical format of a search result in the providers’ general search results pages.
Amendment 445 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Providers of online intermediation services and providers of operating systems shall include in their terms and conditions a description of any differentiated treatment which they give, or may give, in relation to, on the one hand, goods or services offered to consumers through those online intermediation services or operating systems by either that provider itself or any business users which that provider controls and, on the other hand, other business users.
Amendment 457 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. The description referred to in paragraph 1 shall cover at least, where applicable, any differentiated treatment through specific measures taken by, or the behaviour of, the provider of the online intermediation services or of the operating system relating to any of the following:
Amendment 459 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) access that the provider, or that the business users which that provider controls, may have to any personal data or other data, or both, which business users or consumers provide for the use of the online intermediation services or of the operating system concerned or which are generated through the provision of those services;
Amendment 473 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 (new)
Article 6 – paragraph 2 – subparagraph 1 (new)
3. To the extent a provider of online intermediation services, or of operating systems or any business user which that provider controls, offers goods or services that compete with those offered by other business users, the provider shall apply fair treatment to those other business users in such a way that it does not materially impair those business users’ ability to do business.
Amendment 475 #
2018/0112(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
Amendment 481 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Providers of online intermediation services and providers of online search engines shall include in their terms and conditions a description of the technical and contractual access, or absence thereof, of business users or corporate website users to any personal data or other data, or both, which business users or corporate website users or consumers provide for the use of the online intermediation services or online search engines concerned or which are generated through the provision of those services.
Amendment 494 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – introductory part
Article 7 – paragraph 2 – introductory part
2. Through the description referred to in paragraph 1, providers of online intermediation services or online search engines shall adequately inform business users at least of the following:
Amendment 497 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point a
Article 7 – paragraph 2 – point a
(a) whether the provider of online intermediation services and the provider of online search engines has access to personal data or other data, or both, which business users or corporate website users or consumers provide for the use of those services or which are generated through the provision of those services, and if so, to which categories of such data and under what conditions;
Amendment 503 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point b
Article 7 – paragraph 2 – point b
(b) whether a business user has access to personal data or other data, or both, provided by that business user in connection to his or her use of the online intermediation services or online search engines concerned or generated through the provision of those services to that business user and the consumers of his or her goods or services, and if so, to which categories of such data and under what conditions;
Amendment 511 #
2018/0112(COD)
Proposal for a regulation
Article 7 – paragraph 2 – point c
Article 7 – paragraph 2 – point c
(c) whether, in addition to point (b), a business user has access to personal data or other data, or both, including in aggregated form, provided by or generated through the provision of the online intermediation services or online search engines to all of the business users and consumers thereof, and if so, to which categories of such data and under what conditions.
Amendment 536 #
2018/0112(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Where, in the provision of their services, providers of online intermediation services or providers of operating systems restrict the ability of business users to offer the same goods and services to consumers under different conditions through other means than through those services, they shall include grounds for that restriction in their terms and conditions and make those grounds easily available to the public. Those grounds shall include the main economic, commercial or legal considerations for those restrictions.
Amendment 548 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Providers of online intermediation services shall provide for anproviders of online search engines, and providers of operating systems shall provide for a transparent and non- discriminatory internal system for handling the complaints of business users.
Amendment 562 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. As part of their internal complaint- handling system, providers of online intermediation services, providers of online search engines, and providers of operating systems shall:
Amendment 573 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall include in their terms and conditions all relevant information relating to the access to and functioning of their internal complaint-handling system.
Amendment 581 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Providers of online intermediation services, providers of online search engines, and providers of operating systems shall annually establish and make easily available to the public information on the functioning and effectiveness of their internal complaint-handling system.
Amendment 595 #
2018/0112(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 1 (new)
Article 9 – paragraph 5 – subparagraph 1 (new)
Any attempt to reach an agreement through the internal complaint-handling system in accordance with this article shall not affect the rights of the providers of the online intermediation services and of the business users concerned to initiate judicial proceedings at any time during or after the process.
Amendment 606 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
Providers of online intermediation services, providers of online search engines, and providers of operating systems shall identify in their terms and conditions one or more mediators with which they are willing to engage to attempt to reach an agreement with business users on the settlement, out of court, of any disputes between the provider and the business user arising in relation to the provision of the online intermediation services concerned, including complaints that could not be resolved by means of the internal complaint-handling system referred to in Article 9.
Amendment 611 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 1 – subparagraph 2
Article 10 – paragraph 1 – subparagraph 2
Providers of online intermediation services, providers of online search engines, and providers of operating systems may only identify mediators providing their mediation services from a location outside the Union where it is ensured that the business users concerned are not effectively deprived of the benefit of any legal safeguards laid down in Union law or the law of the Member States as a consequence of the mediators providing those services from outside the Union.
Amendment 614 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) their mediation services are affordable for an average business user of the online intermediation services, the online search engines, and the operating systems concerned;
Amendment 615 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) they are capable of providing their mediation services in the language of the terms and conditions which govern the contractual relationship between the provider of online intermediation services, the provider of online search engines, or the provider of operating systems and the business user concerned;
Amendment 617 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Providers of online intermediation services, providers of online search engines, and providers of operating systems shall engage in good faith in any attempt to reach an agreement through the mediation of any of the mediators which they identified in accordance with paragraph 1, with a view to reaching an agreement on the settlement of the dispute.
Amendment 633 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Providers of online intermediation services , providers of online search engines, and providers of operating systems shall bear a reasonable proportion of the total costs of mediation in each individual case. A reasonable proportion of those total costs shall be determined, on the basis of a suggestion by the mediator, by taking into account all relevant elements of the case at hand, in particular the relative merits of the claims of the parties to the dispute, the conduct of the parties, as well as the size and financial strength of the parties relative to one another. However, providers of online intermediation services, providers of online search engines, and providers of operating systems shall in any case bear at least half of the total cost.
Amendment 640 #
2018/0112(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. Any attempt to reach an agreement through mediation on the settlement of a dispute in accordance with this Article shall not affect the rights of the providers of the online intermediation services, online search engine, or operating systems and of the business users concerned to initiate judicial proceedings at any time during or after the mediation process.
Amendment 651 #
2018/0112(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
The Commission shall encourage providers of online intermediation services, providers of online search engines, and providers of operating systems as well as organisations and associations representing them to individually or jointly set up one or more organisations providing mediation services which meet the requirements specified in Article 10(2), for the specific purpose of facilitating the out-of-court settlement of disputes with business users arising in relation to the provision of those services, taking particular account of the cross- border nature of online intermediation services, online search engines, and operating systems.
Amendment 657 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Organisations and associations that have a legitimate interest in representing business users or in representing corporate website users, as well as public bodies set up in Member States, shall have the right to take action before national courts in the Union, in accordance with the rules of the law of the Member State where the action is brought, to stop or prohibit any non- compliance by providers of online intermediation services or by providers of online search engines or by providers of operating systems with the relevant requirements laid down in this Regulation.
Amendment 693 #
2018/0112(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The right referred to in paragraph 1 shall be without prejudice to the rights of business users and corporate website users to individually take action before competent national courts, in accordance with the rules of the law of the Member State where the action is brought, to address any non-compliance by providers of online intermediation services by providers of online search engines, or by providers of operating systems with the relevant requirements laid down in this Regulation.
Amendment 701 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The Commission shall encourage the drawing up of codes of conduct by providers of online intermediation services and by organisations and associations representing them, together with business users and their representative organisations, intended to contribute to the proper application of this Regulation, taking account of the specific features of the various sectors in which online intermediation services are provided, as well as of the specific characteristics of micro, small and medium-sized enterprises.
Amendment 703 #
2018/0112(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1 (new)
Article 13 – paragraph 2 – subparagraph 1 (new)
The Commission shall encourage the drawing up of codes of conduct by providers of operating systems and by organisations and associations representing them, intended to contribute to the proper application of this Regulation.
Amendment 706 #
2018/0112(COD)
Proposal for a regulation
Article 13 a (new)
Article 13 a (new)
Article 13a Remedies 1. Member States shall designate a body or bodies responsible for adequate and effective enforcement of this regulation. 2. Member States shall determine the sanctions applicable to infringements of the provisions contained in this Regulation and shall take all measures necessary to ensure that they are enforced. These sanctions shall be effective, proportionate and dissuasive. 3. The measures referred to in paragraph 1 shall be communicated to the Commission and made publicly available on the Commission’s website.
Amendment 710 #
2018/0112(COD)
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13b Monitoring Member States shall closely monitor the application of this regulation. To that end, Member states shall designate national authorities to require providers of online intermediation services, online search engines and operating systems providers to submit relevant information. The information gathered by those authorities shall be provided to the Commission and to the Observatory on the Online Platform Economy upon request.
Amendment 70 #
2018/0104(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 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 (Text with EEA relevance)
Amendment 71 #
2018/0104(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Pursuant to Article 4 of Directive 2004/38/EC, Member States are to issue and renew identity cards or passports to their nationals in accordance with national laws. Furthermore, Article 8 of Directive 2004/38/EC provides that they may require citizens of the Union and their family members to register with the relevant authorities. Member States are required to issue registration certificates to Union citizens under the conditions set out therein. Conversely, Member States are not required to issue residence cards to European citizens. Member States are also required to issue residence cards to family members who are not nationals of a Member State and, on application, to issue documents certifying permanent residence and permanent residence cards.
Amendment 74 #
2018/0104(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) The 2016 Action Plan on document security also noted that obtaining authentic documents on the basis of false ‘breeder’ documents (birth, marriage and death certificates) remains one of the biggest threats in the European Union, as it is very difficult to detect.
Amendment 75 #
2018/0104(COD)
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5 b) Member States and the European Commission, in cooperation with Europol, should examine how breeder documents can be made more fraud- resistant, e.g. by adding security features;
Amendment 78 #
2018/0104(COD)
Proposal for a regulation
Recital 6 a (new)
Recital 6 a (new)
(6 a) Once features foreseen by this Regulation are in place, national identity cards, along with passports, should be mutually recognized by Member States. Residence cards for EU citizens should, as a rule, not be issued.
Amendment 88 #
2018/0104(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The specifications of the International Civil Aviation Organisation (ICAO) Document 9303 (seventh edition, 2015) on machine-readable documents which ensure global interoperability including for machine readability and using visual inspection should be taken into account forby the purpose of this RegulCommission when drawing up additional technical specifications.
Amendment 90 #
2018/0104(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) In order to ensure uniform conditions for the implementation of the additional technical specifications, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council1a _________________ 1a Regulation (EU) No 182/2011 of the European Parliament and the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2.2011, p.13)
Amendment 112 #
2018/0104(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation strengthens the security standards applicable to identity cards issued by Member States to their nationals and to residence documents issued by Member States to Union citizens and their family members when exercisingto facilitate their right to free movement.
Amendment 113 #
Amendment 114 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
(1) Identity cards issued by Member States shall be produced in ID-1 format and shall comply with the following minimum security standards set out in ICAO Document 9303 (seventh edition, 2015): (a) The document title ('Identity card') shall appear in the official language or languages of the issuing Member State and at least one other official language of the institutions of the Union; (b) Identity cards shall include a machine readable zone; (c) Identity cards shall include a highly secure storage medium which shall contain a facial image of the holder of the card and two fingerprints taken flat in interoperable formats only accessible to the holder, competent authorities and, upon authorization of the user, to other entities.
Amendment 115 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 118 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 124 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
Amendment 135 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 5 – point a
Article 3 – paragraph 5 – point a
(a) children under the age of 126 years;
Amendment 141 #
2018/0104(COD)
Proposal for a regulation
Article 3 – paragraph 10
Article 3 – paragraph 10
(10) Identity cards shall have a maximum period of validity of 10 years. Derogations may be provided for specific age groupscitizens below 18 and above 65.
Amendment 142 #
2018/0104(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Technical Specifications (1) Additional technical specifications for identity cards shall be established in accordance with international standards, including in particular the recommendations of the International Civil Aviation Organization (ICAO). The Commission shall adopt implementing acts to lay down those technical specifications, including the format of the cards as well as the substrate and printing techniques used to produce the cards. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 12a. (2) In accordance with the procedure referred to in article 12a, it may be decided that the specifications referred to in paragraph1 shall be secret and not be published for reasons of security. In this case, the specifications shall be made available only to the bodies designated by the Member States as responsible for printing and to persons duly authorised by a Member State or the Commission.
Amendment 144 #
2018/0104(COD)
Proposal for a regulation
Article 3 b (new)
Article 3 b (new)
Article 3 b Minimum mandatory elements to be included on ID cards Identity Cards issued by Member States to citizens of the Union shall indicate at least the following: a) The three-letter country code of the issuing Member State b) The logo of the Union c) The document number d) The Card Access Number (CAN) e) Name: surname(s)and forename(s), in that order f) Sex g) Nationality h) The expiry date of the document i) Date of birth j) Place of birth k) Place of issue/issuing authority l) Signature of the holder m) An identity photograph, taken live, securely integrated into the card body.
Amendment 145 #
2018/0104(COD)
Proposal for a regulation
Article 3 c (new)
Article 3 c (new)
Article 3 c Mutual recognition National Identity Cards issued by Member States to citizens of the Union shall be recognized by public and private authorities across the European Union for the purpose of identity verification.
Amendment 146 #
2018/0104(COD)
Proposal for a regulation
Article 3 d (new)
Article 3 d (new)
Article 3 d Interoperability (1) Member States shall exchange all digital certificates required for the readability of the secure storage medium. (2) Formats used for the secure storage medium shall be interoperable, including with automated border crossing points.
Amendment 184 #
2018/0104(COD)
Proposal for a regulation
Article 10 – paragraph 3 a (new)
Article 10 – paragraph 3 a (new)
(3 a) Biometric data collected for national identity cards shall not be used for any other purpose other than that for which they were collected.
Amendment 200 #
2018/0104(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) No soonlater than six years after the date of application of this Regulation, the Commission shall carry out an evaluation of this Regulation and present it and a report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. The evaluation shall be conducted according to the Commission's better regulation Guidelines.
Amendment 204 #
2018/0104(COD)
Proposal for a regulation
Article 12 a (new)
Article 12 a (new)
Article 12 a Committee procedure The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
Amendment 68 #
2018/0090(COD)
Proposal for a directive
Recital 8
Recital 8
(8) These common non-exhaustive criteria for the application of penalties may not be relevant in decidingPenalties should be proportionate and appropriate to the nature of the breach of Union consumer protection legislation and the actual onr penalties regarding every infringemeotential overall harm. These common criteria may not be relevant, in particular regarding non-serious infringements. Member Statthe case of less serious infringements. The competent authorities should also take account of other general principles of law applicable to the imposition of penalties, such as the principle of non bis in idemall facts and circumstances of the case and choose the most appropriate penalties essential to address the infringement. Those measures should be proportionate, effective and dissuasive.
Amendment 71 #
2018/0090(COD)
Proposal for a directive
Recital 9
Recital 9
(9) To ensure that Member State authorities can impose effective, proportionate and dissuasive penalties in relation to widespread infringements of consumer law and to widespread infringements with a Union dimension that are subject to coordinated investigation and enforcement in accordance with Regulation (EU) 2017/2394, fines should be introduced as a mandatory element of penalties for such infringements. In order to ensure deterrence of the fines, Member States should set in their national law the maximum fine for such infringements at a level that is at leastup to 10 000 000 EUR or 4% of the trader's total worldwide annual turnover inof the Member State concernedpreceding financial year, whichever is higher.
Amendment 79 #
2018/0090(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Where, as a result of the coordination mechanism under Regulation (EU) 2017/2394, a single national competent authority within the meaning of that Regulation imposes a fine on the trader responsible for the widespread infringement or the widespread infringement with a Union dimension, it should be able to impose a fine of at least 4 % of the trader’s annual turnover in all Member States concerned by the coordinated enforcement actionup to 10 000 000 EUR or 4 % of the trader’s total worldwide annual turnover, whichever is higher.
Amendment 86 #
2018/0090(COD)
Proposal for a directive
Recital 12
Recital 12
(12) When deciding for which purpose the revenues from fines are used, Member States should take into account the ultimate objective of consumer legislation and its enforcement which is the protection of the general interest of consumers. Member States should therefore consider allocating at least part of the revenues from fines to enhance consumer protection within their jurisdictions, such as supporting consumer movement or activities aimed at empowering consumers.
Amendment 95 #
2018/0090(COD)
Proposal for a directive
Recital 15
Recital 15
(15) Member States should ensure that remedies are available for consumers harmed by unfair commercial practices in order to eliminate all the effects of those unfair practices. In order to meet that objective, Member States should make both contractual and non-contractual remedies available. As a minimum, the contractual remedies provided by the Member States should include the right to price reduction or to contract termination. Non-contractual remedies provided under national law should, as a minimum, include the right to compensation for damages. Member States would not be prevented from maintaining or introducing rights to additional remedies for consumers harmed by unfair commercial practices in order to ensure full removal of the effects of such practices.
Amendment 101 #
2018/0090(COD)
Proposal for a directive
Recital 19
Recital 19
(19) Specific transparency requirements for online marketplaces should therefore be provided in Directive 2011/83/EU to inform consumers using online marketplaces about the main parameters determining ranking of offers and the relative importance of those main parameters as opposed to other parameters, whether they enter into a contract with a trader or a non-trader (such as another consumer), whether consumer protection law applies and which trader is responsible for the performance of the contract and for ensuring consumer rights when these rights apply. This information should be provided in a clear, unambiguous and comprehensible manner and not only through a reference in the standard Terms and Conditions or similar contractual document. The information requirements for online marketplaces should be proportionate and need to strike a balance between a high level of consumer protection and the competitiveness of online marketplaces. Online marketplaces should not be required to list specific consumer rights when informing consumers about their applicability or non- applicability. The information to be provided about the responsibility for ensuring consumer rights depends on the contractual arrangements between the online marketplace and the relevant third party traders. Online marketplace may refer to the third party trader as being solely responsible for ensuring consumer rights or describe its specific responsibilities where it assumes the responsibility for certain aspects of the contract, for example, delivery or the exercise of the right of withdrawal. The obligation to provide information about the main parameters determining ranking of search results and about the relative importance of those main parameters as opposed to other parameters is without prejudice to any trade secrets regarding the underlying algorithms. This information should explain the main default parameters used by the marketplace but does not have to be presented in a customized manner for each individual search query.
Amendment 109 #
2018/0090(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
Amendment 143 #
2018/0090(COD)
Proposal for a directive
Recital 33
Recital 33
Amendment 148 #
2018/0090(COD)
Proposal for a directive
Recital 34
Recital 34
Amendment 160 #
2018/0090(COD)
Proposal for a directive
Recital 35
Recital 35
Amendment 174 #
2018/0090(COD)
Proposal for a directive
Recital 41
Recital 41
(41) Article 16 of the Charter of Fundamental Rights of the EU guarantees the freedom to conduct a business in accordance with Union law and national laws and practices. However, the marketing across Member States of products as beof a product with seemingly identical when, in reality, they have a significantlypresentation to another product, which is marketed under the same brand but presents differentces in composition or characteristicssensory profile may mislead consumers and cause them to take a transactional decision that they would not have taken otherwise.
Amendment 178 #
2018/0090(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Such a practice can therefore be qualified as contrary to Directive 2005/29/EC based on a case by case assessment of relevant elements. In order to facilitate the application of existing law by Member States' consumer and food authorities, guidance on the application of current EU rules to situations of dual quality of food products was provided in the Commission Notice of 26.9.2017 'on the application of EU food and consumer protection law to issues of Dual Quality of products – The specific case of food'.46 In this context, the Commission's Joint Research Centre is currently developing a common approach to the comparative tehas developed an EU harmonised testing methodology to comparatively assess quality related characteristingcs of food products. __________________ 46 C(2017)6532.
Amendment 183 #
2018/0090(COD)
Proposal for a directive
Recital 43
Recital 43
(43) However, the enforcement experience has shown that it may be unclear to consumers, traders and national competent authorities which commercial practices could be contrary to the Directive 2005/29/EC in the absence of an explicit provision. Therefore, Directive 2005/29/EC should be amended to ensure legal certainty both for traders and enforcement authorities by addressing explicitly the marketing of a product as bewith seemingly identical to the same product marketed in several other Member States, where those products have significantly different composition or characteristicspresentation to another product, which is marketed under the same brand but presents differences in composition or sensory profile, as defined by the EU harmonised testing methodology developed by the Commission's Joint Research Centre. Competent authorities should assess and address on a case by case basis such practices according to the provisions of the Directive. In undertaking its assessment the competent authority should take into account whether such differentiation is easily identifiable by consumers, a trader's right to adapt products of the same brand for different geographical markets due to legitimate factors, such as availability or seasonality of raw materials, defined consumer preferences or voluntary strategies aimed at improving access to healthy and nutritious food as well as the traders' right to offer products of the same brand in packages of different weight or volume in different geographical markets, and the recommendations on common interpretation defined by the High Level Forum for Better Functioning of the Supply Chain of found differences based on the EU harmonised testing methodology developed by the Commission's Joint Research Centre.
Amendment 238 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2005/29/EC
Article 11 a – paragraph 2
Article 11 a – paragraph 2
2. Contractual remedies shall include, as a minimum, the possibility for the consumer to obtain a price reduction or to unilaterally terminate the contract.
Amendment 257 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 3
Article 13 – paragraph 3
3. Where the penalty to be imposed is a fine, the infringing trader’s annual turnover and net profits of the preceding financial year, as well as any fines imposed for the same or other infringements of this Directive in other Member States shall also be taken into account in the determination of its amount.
Amendment 261 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2005/29/EC
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at leastup to 10 000 000 EUR or 4 % of the trader's total worldwide annual turnover inof the Member State or Member States concernedpreceding financial year, whichever is higher.
Amendment 274 #
2018/0090(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2005/29/EC
Annex I – point 11
Annex I – point 11
11. Using editorial content in the media, or providing information to a consumer’s online search query, to promote a product or service where a trader has paid for the promotionrovided direct or indirect remuneration for a promotion or prominent placement without making that clear in the content or search results or by images or sounds clearly identifiable by the consumer in a concise, transparent and intelligible form (advertorial; paid placement or paid inclusion). This is without prejudice to Directive 2010/13/EU48. __________________ 48 Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services (Audiovisual Media Services Directive) (OJ L 95, 15.4.2010, p. 1).
Amendment 302 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘contract for the supply of digital content which is not supplied on tangible medium’ means a contract under which a trader supplies or undertakes to supply specific digital content to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital content, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;
Amendment 306 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point d
Article 2 – paragraph 1 – point 1 – point d
Directive 2011/83/EU
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘digital service contract’ means a contract under which a trader supplies or undertakes to supply a digital service to the consumer and the consumer pays or undertakes to pay the price thereof. This also includes contracts where the consumer provides or undertakes to provide personal data to the trader, except where the personal data provided by the consumer is exclusively processed by the trader for the purpose of supplying the digital service, or for the trader to comply with legal requirements to which the trader is subject, and the trader does not process this data for any other purpose;
Amendment 335 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a
Article 6 a – paragraph 1 – point a
(a) the main parameters determining ranking of offers presented to the consumer as result of his search query on the online marketplace and the reason for the relative importance of those main parameters as opposed to other parameters;
Amendment 342 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 – point a a (new)
Article 6 a – paragraph 1 – point a a (new)
(aa) whether the user reviews related to the offered product or service have been subject to a control of their authenticity, and if so, a description of the main characteristics of such control;
Amendment 363 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
Directive 2011/83/EU
Article 6 a – paragraph 1 a (new)
Article 6 a – paragraph 1 a (new)
After the consumer is bound by a distance or off-premises contract, or any corresponding offer, on an online marketplace, and where the offer for the good or service that has been sold was notified to and removed by the online marketplace on grounds that it is illegal, the online marketplace shall promptly provide the following information to the consumer in a clear and comprehensible manner: (a) that the product or service sold or the offer thereof is illegal or apparently illegal and was removed; (b) the identity of the trader that placed the offer, which was removed; (c) the reason why the offer was removed.
Amendment 389 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point a
Article 2 – paragraph 1 – point 7 – point a
Directive 2011/83/EU
Article 13 – paragraph 3
Article 13 – paragraph 3
Amendment 433 #
2018/0090(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
Directive 2011/83/EU
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at leastup to 10 000 000 EUR or 4% of the trader’s total worldwide annual turnover inof the Member State or Member States concernedpreceding financial year, whichever is higher.
Amendment 464 #
2018/0090(COD)
Proposal for a directive
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
Directive 1993/13/EEC
Article 8 b – paragraph 4
Article 8 b – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at leastup to 10 000 000 EUR or 4% of the trader’s total worldwide annual turnover inof the Member State or Member States concerned. preceding financial year, whichever is higher.
Amendment 480 #
2018/0090(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Directive 1998/06/EC
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States shall ensure that the penalties for widespread infringements and widespread infringements with a Union dimension within the meaning of Regulation (EU) No 2017/29394 include the possibility to impose fines, the maximum amount of which shall be at leastup to 10 000 000 EUR or 4 % of the trader’s total worldwide annual turnover inof the Member State or Member States concernedpreceding financial year, whichever is higher.
Amendment 12 #
2017/2278(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the public sector is duty- bound to employ open, transparent and ethical procedures in respect of citizens;
Amendment 30 #
2017/2278(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is concerned about the next round of deadlines provided by the directives regarding electronic procurement and the transition of Member States to full e- procurement, including e-invoicing. Stresses the need for the Member States’ digital agendas to include the promotion of full e-procurement;
Amendment 54 #
2017/2278(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the example of adopting National Public Procurement Strategies and encourages more Member States to follow this example as a means of modernising their public procurement systems. Stresses that public procurement is a cross-cutting area for the various public administrations, and it is thus essential to have, in addition to coordination, a governance structure that involves the main stakeholders so that the fundamental decisions can be taken in a more collaborative manner and accepted by all those involved;
Amendment 60 #
2017/2278(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the fact that many Member States have made provisions for acceptthe use of quality criteria (including the mobest economically advantageous tender (MEATprice quality ratio) and encourages its systematic application;
Amendment 74 #
2017/2278(INI)
11a. Calls on Member States to ensure that public procurement practices are in line with the Convention on the Rights of Persons with Disabilities and that persons with disabilities are consulted on all procurement processes and decisions that impact them or are done to procure services for them;
Amendment 76 #
2017/2278(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
Amendment 96 #
2017/2278(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Points out that that socially responsible public procurement must take into account supply chains and the risks associated with modern-day slavery, social dumping and human rights violations. Efforts need to be made to ensure that goods and services acquired through public procurement are not produced in a manner that violates human rights. Calls on the Commission to include substantive provisions on ethics in supply chains in its new guide on social considerations in public procurement;
Amendment 111 #
2017/2278(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission to look into the possibility of interlinking national contract registers with Tenders Electronic Daily (TED) to remove the obligation incumbent on contracting authorities to publish the same information in two systems;
Amendment 115 #
2017/2278(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Calls on the Member States to promote the innovative use of open- format data. Such data are essential for any government to manage its public administration and, at the same time, enable their economic potential to be harnessed by companies, while also encouraging transparency and responsibility within institutions and bodies dealing with public procurement. Points out that such data must always be published with due regard for the principle of proportionality and in accordance with the EU acquis on data protection and business secrecy;
Amendment 127 #
2017/2278(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Member States to support SMEs’ participation in tenders, for example by mandatory division into lots, where possible;
Amendment 86 #
2017/2256(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Welcomes the deployment on 5 March, by eu-LISA, of the SIS II Automated Fingerprint Identification System (AFIS) platform, that introduces a biometric search capability in the system, which will contribute to strengthen the fight against crime and terrorism;
Amendment 87 #
2017/2256(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses the need to make better use of existing tools, namely to maximize the benefits of existing systems, to address the structural information gaps and to enhance interoperability between these systems, in full compliance with data protection requirements and the respect of the principles of necessity and proportionality;
Amendment 118 #
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 the rapid reaction equipment pool; Is concerned regarding the European Border and Coast Guard Agency’s resources and financial planning and the estimations upon which the operations funding and required contributions from Member States are based; Encourages the Agencies to continue implementing multipurpose operations and to ensure that proper steps are taken to include maritime search and rescue in the scope of the operations through suitable assets and human resources;
Amendment 134 #
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 of some prolongations of controls; is also of the opinionAlso regrets 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 135 #
2017/2256(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Recalls that unannounced visits can be conducted to internal borders without prior notification of the Member State concerned;
Amendment 136 #
2017/2256(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Condemns the constructions of physical barriers, including fences, between Member States and recalls its doubts of the compatibility of such actions with the Schengen Borders Code; Calls on the Commission to assess thoroughly any such intentions and report to the European Parliament;
Amendment 149 #
2017/2256(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Stresses that all the Member States should do their utmost to ensure a high level of control at their external borders by allocating sufficient resources through staffing and expertise, establishing the necessary command and control structures and formulating up-to-date risk analyses in accordance with Regulation (EU) 2016/1624 for all tiers of command to facilitate effective operations and to provide adequate infrastructures to safe, orderly and fluent border crossings;
Amendment 160 #
2017/2256(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Considers that cooperation at national level between different law enforcement services, the military, border guards and customs and maritime search and rescue stakeholders is often inadequate, resulting in fragmented situational awareness and low effectiveness;
Amendment 186 #
2017/2256(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the commission to present a yearly comprehensive report to the European Parliament and to the Council on the evaluations carried out pursuant to Regulation 1053/2013;
Amendment 248 #
2017/2256(INI)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Calls on the Council to approve the accession of Bulgaria and Romania as fully-fledged members of the Schengen area;
Amendment 57 #
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. 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, such as in the case of the so-called “Soros plan” national consultation based again on false statements targeting particularly the person of George Soros and the EU, and inducing hatred towards migrants.
Amendment 81 #
2017/2131(INL)
Motion for a resolution
Annex I – point 18
Annex I – point 18
(18) In its report adopted on 27 March 2015, GRECO called for the establishment of codes of conduct for members of the Hungarian Parliament (MPs) concerning guidance for cases of conflicts of interest. Furthermore, MPs should also be obliged to report conflicts of interest in an ad hoc manner and this should be accompanied by a more robust obligation to submit asset declarations. This should also be accompanied by provisions that allow for sanctions for submitting inaccurate asset declarations. Moreover, the asset declarations should be made public online to allow for genuine popular oversight; standard electronic database should be put in place to allow for all declarations and modifications thereof to be accessible in a transparent manner.
Amendment 110 #
2017/2131(INL)
Motion for a resolution
Annex I – point 23 a (new)
Annex I – point 23 a (new)
(23a) In its 2017 report on press freedom the Freedom House raised serious concerns about the freedom of the press in Hungary. This is due to independent media being extorted from the market, partly through acquisition of regional newspapers by government-affiliated owners and creation of government friendly private outlets, as well as selective awarding of advertising contracts by government and state-owned companies, which results in depriving independent media outlets from income. The limited advertisement market and extensive government spending on social advertising encourages media to avoid controversial subjects to maintain good relations with public and private advertisers.
Amendment 111 #
2017/2131(INL)
Motion for a resolution
Annex I – point 23 b (new)
Annex I – point 23 b (new)
(23b) Both the Freedom House in its report of 2017 as well as Mertek Media Monitor observe that the government also seeks to control the media through selective allocation of radio broadcasting frequencies. This together with exerting their influence over public broadcasters and raising the profile of friendly private outlets deprives independent media from having a fair access to the market.
Amendment 116 #
2017/2131(INL)
Motion for a resolution
Annex I – point 25
Annex I – point 25
Amendment 124 #
2017/2131(INL)
Motion for a resolution
Annex I – point 27 a (new)
Annex I – point 27 a (new)
(27a) On 7 May 2018 the OSCE Representative on Freedom of the Media expressed major concern over the denial of accreditation to several independent journalists, which prevented them from reporting from the inaugural meeting of Hungary’s new parliament. It was further noted that such event should not be used as a tool to curb the content of critical reporting and that such practice sets a bad precedent for the new term of Hungary’s parliament.
Amendment 138 #
2017/2131(INL)
Motion for a resolution
Annex I – point 32
Annex I – point 32
(32) In February 2013, Hungary’s Constitutional Court ruled that the deregistration of recognised churches had been unconstitutional. Responding to the Constitutional Court’s decision, the Hungarian Parliament amended the Fundamental Law in March 2013. In June and September 2013, the Hungarian Parliament amended Act CCVI of 2011 to create a two-tiered classification consisting of “religious communities” and “incorporated churches”. In September 2013, the Hungarian Parliament also amended the Fundamental Law explicitly to grant itself the authority to select religious communities for “cooperation” with the state in the service of “public interest activities”, in practice giving itself a discretionary power to recognise a religious organisation, with a two-thirds vote, rather than relying on decisions of the administration or the courts.
Amendment 144 #
2017/2131(INL)
Motion for a resolution
Annex I – point 34
Annex I – point 34
(34) On 9 July 2014, the Council of Europe Commissioner for Human Rights indicated in his letter to the Hungarian authorities that he was concerned about the stigmatising rhetoric used by politicians questioning the legitimacy of NGO work in the context of audits which had been carried out by the Hungarian Government Control Office concerning NGOs which were operators and beneficiaries of the Norwegian Civil Fund. On 8-16 February 2016, the UN Special Rapporteur on the situation of human rights defenders visited Hungary and indicated in his report that significant challenges stem from the existing legal framework governing the exercise of fundamental freedoms, such as the rights to freedoms of opinion and expression, and of peaceful assembly and of association, and that legislation pertaining to national security and migration may also have a restrictive impact on the civil society environment.
Amendment 161 #
2017/2131(INL)
Motion for a resolution
Annex I – point 38
Annex I – point 38
(38) In February 2018, a legislative package consisting of three draft laws, also known as the “Stop-Soros Package” (T/19776, T/19775, T/19774), was presented by the Hungarian Government. On 14 February 2018, the President of the Conference of INGOs of the Council of Europe and President of the Expert Council on NGO Law made a statement indicating that the package does not comply with the freedom of association, particularly for NGOs which deal with migrants. On 15 February 2018, the Council of Europe Commissioner for Human Rights expressed similar concerns. In its concluding observations of 5 April 2018, the UN Human Rights Committee expressed concerns that by alluding to the “survival of the nation” and protection of citizens and culture, and by linking the work of NGOs to an alleged international conspiracy, the legislative package would stigmatise NGOs and curb their ability to carry out their important activities in support of human rights and, in particular, the rights of refugees, asylum seekers and migrants. It was further concerned that imposing restrictions on foreign funding directed to NGOs might be used to apply illegitimate pressure on them and to unjustifiably interfere with their activities. The legislative package will deprive NGOs of legal remedy to appeal against arbitrary decisions.
Amendment 4 #
2017/2085(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recognises that improving road safety in the EU begins with ensuring that existing and future provisions can be implemented and checked effectively; calls, in that regard, for increased best practice sharing and independent and peerjoint reviews of type approval and technical services in the Union; calls, in addition, for greater post-market surveillance of vehicles on roads across the Union to ensure that they continue to conform to safety criteria;
Amendment 6 #
2017/2085(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
(1a) Welcomes this report from the Commission and calls on it to table specific legislative proposals as soon as possible with a view to improving vehicle safety;
Amendment 7 #
2017/2085(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Considers that improving road safety requires a coherent and integrated approach and calls for the mainstreaming of road safety issues in all relevant policy areas, including environmental awareness, consumer policy and cooperation in police and judicial matters;
Amendment 8 #
2017/2085(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Stresses that a coherent of road safety policy must include all factors, such as drivers’ behaviour, road infrastructures and the vehicle safety features; to this end, it is essential to have access to high quality comparable data that can be used for the purposes of behavioural anticipation and the development of technical solutions, while respecting the data privacy of users;
Amendment 9 #
2017/2085(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Acknowledges the progress made by the Union in reducing road accidents and associated costs thanks to its vehicle safety legislation introduced over the years;
Amendment 10 #
2017/2085(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
1e. Considers that technical inspections in the Member States should include verification that vehicle safety features are fully operational; this should apply to both active and passive safety features;
Amendment 15 #
2017/2085(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 25 #
2017/2085(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Takes the view that any new vehicle safety requirements should encourage innovation and investment within the EU, stimulate the competitiveness of our industries and help generate employment;
Amendment 26 #
2017/2085(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Considers that improved safety features have already proved to be an additional asset for the European automotive industry, gaining it recognition as the producer of the world’s safest vehicles, bearing in mind that consumer safety, far from being a burden, is a quality guarantee for European products;
Amendment 33 #
2017/2085(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Calls on the Commission to consider the inclusion in future proposals of mandatory tyre pressure monitoring systems, fire extinguishers, hammers/window glass breakers and seatbelt cutters, in all vehicles;
Amendment 36 #
2017/2085(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Maintains that the EU and its research centres should play a leading role in the development of autonomous vehicles, which will revolutionise the automobile sector, especially in terms of road safety, being expected to save thousands of lives every year, as well as contributing to the digitalisation of the Internal Market.
Amendment 2 #
2017/2073(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas services account for 71% of the GDP and 68% of total employment, the full potential of the Single Market in services still remains unfulfilled;
Amendment 8 #
2017/2073(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas smart regulation can have positive effects on the European market and deregulation should therefore not be the overall aim;
Amendment 9 #
2017/2073(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas in many cases, regulation of professional services can be justified, for example when it aims at protecting a number of general interest objectives, it nevertheless needs to be adjusted regularly to take into consideration technological, societal or market developments;
Amendment 10 #
2017/2073(INI)
Motion for a resolution
Recital D
Recital D
D. whereas Directive 2005/36/EC was amended in 2013, with the objective to achieve a proportionate regulatory framework, justified by general interests objectives, introducing in Article 59 a transparency and mutual evaluation exercise for all regulated professions in the Member States, whether they are regulated on the basis of national rules or on the basis of rules harmonised at EU level;
Amendment 13 #
2017/2073(INI)
Da. whereas Member States were required to submit national action plans (NAPs) to the Commission by 18 January 2016 with information on decisions on maintaining or amending professional regulations; whereas there are still 6 Member States that have not submitted their NAPs;
Amendment 25 #
2017/2073(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the Commission initiative providing guidance for Member States in the context of the mutual evaluation exercise, including the organisation of in-depth discussions with national authorities;
Amendment 29 #
2017/2073(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Believes that it will help Member States to exchange on best practices and better understand their regulatory choices taking into consideration the fact that some Member States foresee a higher level of state intervention in regulated professions than others;
Amendment 36 #
2017/2073(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that Member States have faced significant challenges in notifying information about the professions they regulate and the requirements for accessing those professions; calls on Member States and the Commission to significantly improve notification procedures;
Amendment 45 #
2017/2073(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Notes that not all Member States have submitted a National Action Plan (NAP) as required by Directive 2005/36/EC and that the levels of depth and detail of the NAPs submitted differ; calls on those Member States that have not submitted their NAP yet to proceed without any due delay, as only with complete information from all Member States, the Commission can present a full picture on regulated professions at the EU level;
Amendment 63 #
2017/2073(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Believes that making regulation on professional services more proportionate and adapted to market reality may result in improved market dynamics, lower prices to consumers and improved performance of sector efficiency;
Amendment 88 #
2017/2073(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. States that reform recommendations cannot replace enforcement action by the Commission and calls on the Commission to make use of instruments such as infringement procedures for enforcement;
Amendment 100 #
2017/2073(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Notes that the restrictiveness indicator only takes into account quantitative data and not qualitative data; states that the restrictiveness indicator can therefore only be seen as an indicative tool and does not permit to draw conclusions on the overall regulatory intensity in the Member States;
Amendment 103 #
2017/2073(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Recalls that the overall analysis of the impact of the regulations in Member States should be subject not only to a quantitative but also to a qualitative assessment encompassing the general interest objectives and the quality of the service provided;
Amendment 15 #
2017/2068(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regard to the ruling of the Court of Justice of the European Union of 8 April 2014 which invalidated the EU Data Retention Directive,
Amendment 17 #
2017/2068(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- Having regard to the Report of the Conference on jurisdiction in cyberspace held on the 7th and 8th of March 2016 in Amsterdam,
Amendment 50 #
2017/2068(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. Whereas there was an increase of 20% in the attacks on the servers of the European Commission in 2016 compared to 2015;
Amendment 56 #
2017/2068(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas the World Economic Forum’s Global Risks Report 2017 lists massive incident of data fraud or theft as one of the five major global risks in terms of likelihood;
Amendment 70 #
2017/2068(INI)
Motion for a resolution
Recital G
Recital G
G. whereas children are particularly vulnerable to cyber bullying, online grooming and other forms of sexual exploitation online and therefore require special protection;
Amendment 91 #
2017/2068(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas the fight against cybercrime is a priority under the European Agenda on Security of 28 April 2015, which includes a commitment from the Commission to review obstacles to cybercrime investigations, notably on rules on access to evidence and information;
Amendment 100 #
2017/2068(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that the sharp increase in ransomware, botnets and the unauthorised impairment of computer systems has an impact on the security of individuals, the availability and integrity of their personal data, as well as on the protection of privacy and fundamental freedoms;
Amendment 111 #
2017/2068(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls Member States of a swift, fast and correct implementation of the Directive 2011/92/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
Amendment 113 #
2017/2068(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Deplores that half of the companies in Europe have experienced at least one cyber security incident and that cyber-attacks against businesses often remain undetected or unreported; believes that the obligation to disclose security breaches introduced by the GDPR will help to address this problem;
Amendment 119 #
2017/2068(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is highly concerned with the recent global ransomware attack, which appeared to have affected tens of thousands computers in nearly 100 countries and numerous organisations, inter alia the National Health Service (NHS) in the UK, the highest-profile victim of this extensive malware hit; recognises, in this context, the important work of the No More Ransom (NMR) initiative which provides over 40 free decryption tools allowing victims of ransomware worldwide to decrypt their affected devices;
Amendment 126 #
2017/2068(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that the constantly changing nature of the cyber-threat landscape presents all stakeholders with serious legal and technological challenges; points, in particular, to the increasing misuse of privacy-enhancing technologitechniques such as onion-routing and the Darknet, as well as to the growing threats posed by hackers sponsored by non- friendly foreign states or extremist political or religious organisations;
Amendment 138 #
2017/2068(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Underlines that cross-border requests for domain seizures, content takedowns and access to user data pose serious challenges that require urgent action, as the stakes involved are high; stresses in this context, that international human rights frameworks, which apply online as well as offline, represent a substantive benchmark at global level;
Amendment 146 #
2017/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Acknowledges that technological advances in encryption allow legitimate users to better protect their data, but points out that malicious users might deploy the samesimilar techniques to conceal their criminal activities and identities;
Amendment 148 #
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; Calls therefore for the setting up of related platforms as a matter of urgency and for the strengthening of existing databases within Europol with the aim of ensuring that all internet users are aware of the risks and know how to appeal for help in case they are illegally targeted online;
Amendment 153 #
2017/2068(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
Amendment 173 #
2017/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes, in this regard, the investment of EU funds in research projects such as the public-private partnership (PPP) on cybersecurity, to foster European cyber-resilience through innovation and capacity building; recognises particularly the efforts made by the Cybersecurity-PPP to develop appropriate responses to handling zero- day vulnerabilities;
Amendment 182 #
2017/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges the Member States to step up information exchanges and best practices sharing on the challenges they face in the fight against cybercrime, as well as on solutions to address them;
Amendment 193 #
2017/2068(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to launch awareness-raising campaigns, including educational programs in primary and secondary schools, to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption;
Amendment 194 #
2017/2068(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission and the Member States to launch awareness-raising campaigns to ensure that citizens, in particular children and other vulnerable users, and the private sector are aware of the risks posed by cybercrime, and to promote the use of security measures such as encryption or other security and privacy enhancing technologies;
Amendment 206 #
2017/2068(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Urges the Member States to consider including in the computing education curricula of primary and secondary schools a component dedicated to cybersecurity, which would contribute to the prevention of cybercrime;
Amendment 218 #
2017/2068(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Believes that with the innovation and growing accessibility of the IoT devices, special attention shall be given to the security of all, even very simple devices; urges the Commission and Member States to promote the security by design approach and urges the industry to include by design security solutions in all these devices;
Amendment 240 #
2017/2068(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Believes that innovation should not be hampered by unnecessary red tape for software developers and hardware producers; encourages the private sector to implement voluntary measures aimed at bolstering trust in the security of software and devices, such as the IoT trust label; encourages the private sector to exchange information on the cybersecurity threats;
Amendment 256 #
2017/2068(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to put forward legislative measures setting out clear definitions and minimum penalties for the dissemination of fake news and online incitement to hate, the related obligations of internet service providers and penalties in the event of non- compliance;
Amendment 258 #
2017/2068(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Encourages service providers to join the established Code of Conduct on illegal online hate speech and encourages the Commission and participating companies to continue cooperation on that issue;
Amendment 269 #
2017/2068(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls on the Commission to investigate the legal scope for improving the accountability of service providers and for imposing an obligation to respond to foreign EU law-enforcement requests;
Amendment 281 #
2017/2068(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Member States to impose the same encryptionsecurity obligations on online service providers as those, which apply to, including privacy-enhancing technologies on all providers, online service providers and providers of traditional telecommunications services;
Amendment 289 #
2017/2068(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that illegal online content should be removed immediately; highlights the role of ISPs in ensuring the fast and efficient removal of illegal online content at the request of the responsible law enforcement authority; welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, but stresses the need for a stronger commitment on the part of platform service providers to respond quickly and effectively;
Amendment 290 #
2017/2068(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Underlines that illegal online content should be removed immediately; welcomes, in this context, the progress achieved concerning the blocking and removal of illegal content online, in particular Code of Conduct on countering illegal online hate speech signed in 2016, but stresses the need for a stronger commitment on the part of platform service providers to respond quickly and effectively;
Amendment 307 #
2017/2068(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is concerned that a considerable number of cybercrimes remain unpunished; emphasises the need to allow lawful access to relevant information, even if it has been encrypted, if such access is imperative for reasons of security and justicefor sufficient capabilities of judicial and law enforcement authorities to lead legitimate investigations;
Amendment 315 #
2017/2068(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Urges the Member States to exchange best practices regarding the circumvention of encryption and to cooperate, in consultation with the judiciary, in aligning the conditions for the lawful use of investigative tools online;
Amendment 316 #
2017/2068(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Urges Member States to fully cooperate with Eurojust in particular to determine and exchange best practices;
Amendment 320 #
2017/2068(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses that lawful hackinginterception must be a measure of last resort, which has to be necessary, proportionate, based on due legal process and in full compliance with fundamental rights and EU data protection and case law; calls on all Member States to establish clear rules regarding the authorisation process for lawful hackinginterception activities, including restrictions on the use and duration of lawful hackinginterception tools, to set up an oversight mechanism, and to provide effective legal remedies for the targets of these hackinginterception activities;
Amendment 338 #
2017/2068(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Stresses the need to prioritize the development of shared procedural standards on enforcement jurisdiction in cyberspace, at European and in the long term, at global level, which determine the territorial factors that provide grounds for the applicable law in cyberspace and define investigative measures which can be used regardless of geographic borders; welcomes, in this regard, the work done by the Cloud Evidence Group of the Council of Europe;
Amendment 341 #
2017/2068(INI)
Motion for a resolution
Paragraph 28 b (new)
Paragraph 28 b (new)
28b. Recognizes that such a common European approach, which needs to respect fundamental rights and privacy, will build trust among stakeholders, reduce the treatment delays of cross- border requests, establish interoperability among heterogeneous actors and give the opportunity to incorporate due process requirements in operational frameworks;
Amendment 348 #
2017/2068(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Welcomes the ongoing works of the Commission on a cooperation platform with a secure communication channel for digital exchanges of European Investigation Orders (EIOs) for e-evidence and replies between EU judicial authorities; invites the Commission in association with Member States and service providers to move forward with using aligned forms and tools in order to facilitate authentication, to ensure swift procedures and to increase transparency and accountability of the process of securing and obtaining e- evidence; stresses in this context that streamlining service providers’ policies will help reduce the heterogeneity of approaches, notably regarding procedures and conditions for granting access to the requested data;
Amendment 349 #
2017/2068(INI)
Motion for a resolution
Paragraph 29 b (new)
Paragraph 29 b (new)
29b. Calls on the Commission to put forward a European legal framework which facilitates cross-border access to e- evidence while preserving successful cooperation models between Member States where they exist; believes that such a framework should include harmonized rules to determine the status of a provider as domestic or foreign, mitigating measures such as notifications to other possibly affected countries, the obligation of service providers operating in the EU to respond to requests from foreign EU law enforcement authorities, as well as conditions and minimum safeguards for such direct access in full compliance with fundamental rights and EU data protection law; stresses that this will reinforce mutual trust and loyal cooperation between the Member States, give legal certainty to and reduce the level of complexity for stakeholders and remove conflicting obligations, which constitute a great obstacle to cooperation;
Amendment 351 #
2017/2068(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Underlines the importance of close cooperation between law enforcement authorities and the private sector on the issue of access to e-evidence; Underlines that establishment of 24/7 Single Points of Contact within Member States will improve direct cooperation with service providers, facilitate access to e-evidence and sharing of information as well as accelerate the MLA proceedings; urges the Member States concerned to eliminate criminal law provisions prohibiting domestic service providers from responding to foreign law enforcement requests;
Amendment 366 #
2017/2068(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission to put forward a European legal framework for e- evidence, including harmonised rules to determine the status of a provider as domestic or foreign, and to impose an obligation on service providers to respond to requests based on due legal process from third countries, with a view to ensuring legal certainty for stakeholders and removing obstacles to cooperation;
Amendment 380 #
2017/2068(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Calls on the Commission to present a proposal reinforcing the mandate of ENISA;
Amendment 384 #
2017/2068(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34a. Deplores that currently no EU- standards for training and certification exist; acknowledges that future trends in cybercrime require an increasing level of expertise from practitioners; welcomes that existing initiatives such as the European Cybercrime Training and Education Group (ECTEG), the Training of Trainers (TOT) Project and the training activities under the EU Policy Cycle framework are already paving the way towards addressing the expertise gap at EU level;
Amendment 392 #
2017/2068(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Underlines that the number of cybercrime offences referred to Eurojust has increased by 30 %; Calls for sufficient funding and posts to be made available to the European Union’s Judicial Cooperation Unit (Eurojust) to allow the agency to cope with its increasing workload, as well as to develop and strengthen further its support to national cybercrime prosecutors in cross-border cases, including via the recently established European Judicial Cybercrime Network;
Amendment 396 #
2017/2068(INI)
Motion for a resolution
Paragraph 36 b (new)
Paragraph 36 b (new)
36b. Asks the Fundamental Rights Agency (FRA) to draw up a practical and detailed handbook providing guidelines regarding supervisory and scrutiny controls for Member States;
Amendment 403 #
2017/2068(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Call on the Member States to ratify and fully implement the Convention of the Council of Europe on CyberCrime ("Budapest Convention") and, in cooperation with the European Commission, to promote it in the appropriate international fora;
Amendment 404 #
2017/2068(INI)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Calls on the Member States to ensure sufficient capacity for handling MLA requests related to investigations in cyberspace and to develop relevant training programmes for the staff responsible for handling such requests;
Amendment 420 #
2017/2068(INI)
Motion for a resolution
Paragraph 39 a (new)
Paragraph 39 a (new)
39a. Highlights the importance of the NATO Cyber Incidents Response Centre;
Amendment 426 #
2017/2068(INI)
Motion for a resolution
Paragraph 40 a (new)
Paragraph 40 a (new)
40a. Calls on the Commission in cooperation with Member States, the associated European bodies and where necessary third countries to consider new ways to efficiently secure and obtain e- evidence hosted in third countries, in full compliance with fundamental rights and EU data protection law, by accelerating and streamlining the use of mutual legal assistance proceedings and where applicable mutual recognition;
Amendment 427 #
2017/2068(INI)
Motion for a resolution
Paragraph 40 b (new)
Paragraph 40 b (new)
40b. Calls on all Member States to participate in the Global Forum on Cyber Expertise (GFCE) in order to facilitate the establishment of partnerships to build capacity;
Amendment 431 #
2017/2068(INI)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Calls on the Member States that have not yet done so to ratify and implement fully the Convention on Cybercrime of 23 November 2001;
Amendment 3 #
2017/2002(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission proposals for actions to reduce disparity in education and disadvantages throughout the lifetime of a person, but draws attention to a number of administrative ‘bottlenecks’ which are slowing progress in attaining those objectives in relation to mobility, recognition of qualifications, alternative pathways to the teaching profession qualifications and the social dimension;
Amendment 7 #
2017/2002(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that Europe is at the forefront of knowledge, innovation and competitiveness and is among the best in the world in providing balance among employment, social security and business, but there is still significant room for improvement; underlines the importance of the dual system in education in matching the skills of the youth with labour market demands, but stresses that it is essential to strengthen the European education and training systems in all European regions and to increase the number of talents, innovators and researchers; underlines that the development of STEAM and STEM skills should be enhanced in primary school and at an earlier stage, where relevant;
Amendment 12 #
2017/2002(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines that continuous and sustained efforts are needed to attract, support and retain talent and excellence within the teaching profession by ensuring that teachers and trainers have an appropriate working environment and are themselves kept up to date with the latest developments and an open-minded approach to the technological and societal changes; recalls that the Commission is investing in the eTwinning platform which has been beneficial to the exchange of practices and knowledge among teachers and notes that further efforts need to be undertaken in order to attract talents to the profession, including from other professions;
Amendment 15 #
2017/2002(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls, to that end, for the systematic use of the Internal Market Information System (IMI) in order to ensure better administrative cooperation and simpler and faster procedures for the recognition of professional qualifications and continuous professional development requirements of qualified professionals planning to work in another Member State, and to prevent discrimination of all kinds and to ensure a more favorable ecosystem for cross- border workers; calls on the Commission to analyse the need for Member States to swiftly adjust their national qualification of professions towards the changing needs and new emerging professions;
Amendment 18 #
2017/2002(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. States that it is important to go beyond the immediate needs of the labour market and focus also on those aspects of education and training that are able to drive innovation, entrepreneurship and creativity, shape sectors, create jobs and new markets, empower people (including the most vulnerable), enrich democratic life, and develop engaged, talented and active citizens; underlines that the addition of volunteering, internships and trainings to every course is key;
Amendment 20 #
2017/2002(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Welcomes the Commission's initiative to invite Member States to develop digital skills strategies by mid- 2017; without prejudice to the national competences in education, calls on Member States and the Commission to strengthen the digital skills agenda at all relevant education levels in order to ensure that Europeans from all ages, including youth and the elderly, as well as teachers, are fully ready to accept the challenges and opportunities of the digital economy, including cloud computing, big data, e-platforms and the collaborative economy; considers that, in order to have citizens with the skills for the jobs of the future, we have to ensure that the people teaching those skills are trained and confident with those same skills; notes that the number of educational projects that aim at up skilling workers under the European Fund for Strategic Investments (EFSI) can be increased;
Amendment 21 #
2017/2002(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that closing the skills gap and mismatches in the labour market and promoting opportunities for social mobility, including for vocational training and apprenticeships, is essential to ensure sustainable growth and jobs creation, in particular for SMEs and crafts; underlines that in the increasingly interconnected, culturally diverse, globalised national economies, openness to diversity and understanding of different cultures and attitudes is essential for effective collaboration and innovation;
Amendment 24 #
2017/2002(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines that, while targeting adults with lack of qualifications and skills, we should involve the industry and especially SMEs in providing and training people on these necessary skills for the business to be competitive and the people to feel self-confident; underlines that businesses, and especially SMEs, are the ones providing the jobs of the future and therefore it is essential that they are involved in the education process and in the creation of the training programmes and tools; underlines, furthermore, that it is key that the talents created correspond to the needs of the business sector for human capital and reflect the influence on the labour market through automatisation and robotics; notes that the European Pact for Youth is a successful project for boosting business- education partnerships for youth employability and inclusion which aims at offering more quality apprenticeships and entry level jobs through partnerships with educational and training providers;
Amendment 26 #
2017/2002(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Urges the Commission and Member States to analyse further possible tailor made approaches for different categories per regional and/or national specificities in partnership with the industry but also with national and regional parliaments, scientists, civil society stakeholders such as artistic and cultural organizations, NGOs, and citizens' platforms; stresses the need for an optimised EU platform for discussion and exchange of experiences between all these actors; states that for instance the EU Youth portal could be used in order to communicate more clearly on all EU programmes related to skills, education and youth, and to provide a space for the exchange of best practices in the different Member States; underlines that effective collaboration between Member States in the field of education is key;
Amendment 27 #
2017/2002(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Notes that more attention should be paid to better bridge the cooperation between businesses and especially SMEs and educational and state authorities at different levels within the MSs to estimate the labour market needs of the future; stresses that in this respect creation of clusters could be helpful;
Amendment 32 #
2017/2002(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to provide significant support for the development of digital abilities, functional literacy and global competency (tolerance for diversity), in all age groups, irrespective of employment status, as a first step towards the better alignment of labour market shortages and demand and ultimately – to a peaceful Europe; to that end, encourages the Commission to increase the funding under Horizon 2020, fostering inclusive, innovative and reflective European societies to get the elderly, the unemployed and poorly educated, migrants, people in need of care, people living in remote or poorer areas, persons with disabilities, and the homeless, regardless of their origin, gender and family status to fully participate in society, e-society and the labour market;
Amendment 40 #
2017/2002(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Asks the Commission to come forward with a methodology for the recognition of the new digital professions and to make provision for appropriate funding for the new educational framework for digital skills as well as to come forward with a methodology for assessment of students' and learners' adequate learning outcomes on the core new skills; .
Amendment 41 #
2017/2002(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls on the Commission to provide significant support and funding mechanisms within the agreed MFF to foster social entrepreneurship and social innovation ventures for better skills, quality and an inclusive education for all.
Amendment 43 #
2017/2002(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Calls on the Commission to pay particular attention to broadening the access to skills development, recognition and validation for people of disadvantaged or segregated background; considers that boosting the role and the function of local Commission's Information centres and partners in small segregated communities is vital to reach people in serious need of opportunities for skills development; calls on the Commission to ensure that the Key Competences Framework takes into consideration the needs of this group for access to education and training opportunities.
Amendment 45 #
2017/2002(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Underlines that the REFIT programme is one of the successful tools to create and maintain more efficient and less bureaucratic regulatory framework, capable to help and setting up and developing companies and fostering their development.
Amendment 932 #
2017/0351(COD)
Proposal for a regulation
Article 55g – paragraph 4
Article 55g – paragraph 4
Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks]
Article 8 – paragraph 4
Article 8 – paragraph 4
Amendment 933 #
2017/0351(COD)
Proposal for a regulation
Article 55g – paragraph 6
Article 55g – paragraph 6
Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks]
Article 29 – paragraph 1 – point g
Article 29 – paragraph 1 – point g
Amendment 936 #
2017/0351(COD)
Proposal for a regulation
Article 55g – paragraph 7
Article 55g – paragraph 7
Regulation (EU) 2018/XX [the Regulation on SIS in the field of border checks]
Article 54 – paragraph 6
Article 54 – paragraph 6
7. in Article 54 paragraph 6, is replaced by the following: "For the purpose of paragraphs 3, 4 and 5 of this Article and of Article 15(5), the Agency shall estorablish, implement and host a central repository in its technical sites containing the data referred to in paragraph 3 of this Article and in Article 15(5) which shall not allow for the identification of individuals in the central repository forand shall allow the Commission and the agencies referred to in paragraph 5 to obtain bespoke reportings and statistics referred to in [Article 39 of the Regulation 2018/XX on interoperability]. The Agency shall allow the Commission and the agencies referred to in paragraph 5 to obtain bespoke reports and statistics. Upon request, the Agency shall give access to Member States, the Commission, Europol, and the European Border and Coast Guard Agency to the central repository in accordance with [Article 39 of the Regulation 2018/XX on interoperability]." extent required for the performance of their tasks, to the central repository by means of secured access through the Communication Infrastructure with control of access and specific user profiles solely for the purpose of reporting and statistics." Or. en Justification
Amendment 61 #
2017/0245(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) However, experience has shown that certain serious threats to public policy or internal security, such as cross-border terrorist threats or specific cases of secondary movements of irregular migrants within the Union that justified the reintroduction of border controls, may persist well beyond the above periodmay persist well beyond the currently authorized maximum periods of six months. It is therefore neededcessary and justified to adjust the time limits applicable to the temporary reintroduction of border control to the current needs, while ensuring that this measure is not abused and remains an exception, to be used only as a last resort. To that end, the general deadline applicable under Article 25 of the Schengen Borders Code should be extended to one year.
Amendment 21 #
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 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. This ambition is at the heart of the European Commission’s reform agenda to achieve a digital single market as ICT networks provide the backbone for digital products and services which have the potential to support all aspects of our lives and drive Europe’s economic growth. To ensure that the objectives of digital single market are fully achieved the essential technology building blocks on which important areas such as eHealth, IoT, Artificial Intelligence, Quantum technology as well as intelligent transport system and advanced manufacturing rely must be in place.
Amendment 29 #
2017/0225(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In light of the increased cybersecurity challenges faced by the Union, there is a need for a comprehensive set of measures that would build on previous Union action and foster mutually reinforcing objectives. These include the need to further increase capabilities and preparedness of Member States and businesses, as well as to improve cooperation and coordination across Member States and EU institutions, agencies and bodies. Furthermore, given the borderless nature of cyber threats, there is a need to increase capabilities at Union level that could complement the action of Member States, in particular in the case of large scale cross-border cyber incidents and crises. Additional efforts are also needed to deliver a co-ordinated EU response and increase awareness of citizens and businesses on cybersecurity issues. Moreover, the trust in the digital single market should be further improved by offering transparent information on the level of security of ICT products and services. This can be facilitated by EU- wide certification providing common cybersecurity requirements and evaluation criteria across national markets and sectors. Alongside EU-wide certification, there is a range of voluntary measures widely accepted in the market place, depending on the product, service, use or standard; these measures as well as the industry bottom up approach, including the use of security-by-design, leveraging and contributing to international standards, should be encouraged.
Amendment 32 #
2017/0225(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Union has already taken important steps to ensure cybersecurity and increase trust in digital technologies. In 2013, an EU Cybersecurity Strategy was adopted to guide the Union’s policy response to cybersecurity threats and risks. In its effort to better protect Europeans online, in 2016 the Union adopted the first legislative act in the area of cybersecurity, the Directive (EU) 2016/1148 concerning measures for a high common level of security of network and information systems across the Union (the “NIS Directive”). The NIS Directive fulfils the digital single market strategy and together with other instruments, such as Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, puts in place requirements concerning national capabilities in the area of cybersecurity, established the first mechanisms to enhance strategic and operational cooperation between Member States, and introduced obligations concerning security measures and incident notifications across sectors which are vital for economy and society such as energy, transport, water, banking, financial market infrastructures, healthcare, digital infrastructure as well as key digital service providers (search engines, cloud computing services and online marketplaces). A key role was attributed to ENISA in supporting implementation of this Directive. In addition, effective fight against cybercrime is an important priority in the European Agenda on Security, contributing to the overall aim of achieving a high level of cybersecurity.
Amendment 38 #
2017/0225(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The underlying task of the Agency is to promote the consistent implementation of the relevant legal framework, in particular the effective implementation of the NIS Directive, Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive 2002/58/EC, which is essential in order to increase cyber resilience. In view of the fast evolving cybersecurity threat landscape, it is clear that Member States must be supported by more comprehensive, cross-policy approach to building cyber resilience.
Amendment 41 #
2017/0225(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) To understand better the challenges in the field of cybersecurity, and with a view to providing strategic long term advice to Member States and Union institutions, the Agency needs to analyse current and emerging risks, incidents and vulnerabilities. For that purpose, the Agency should, in cooperation with Member States and, as appropriate, with statistical bodies and others, collect relevant information and perform analyses of emerging technologies and provide topic-specific assessments on expected societal, legal, economic and regulatory impacts of technological innovations on network and information security, in particular cybersecurity. The Agency should furthermore support Member States and Union institutions, agencies and bodies in identifying emerging trends and preventing problems related to cybersecurity, by performing analyses of threats and, incidents and vulnerabilities.
Amendment 47 #
2017/0225(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The Agency should encourage Member States and service providers to raise their general security standards so that all internet users can take the necessary steps to ensure their own personal cybersecurity. In particular, service providers and product manufacturers should withdraw or recycle products and services that do not meet cybersecurity standards. In cooperation with competent authorities, ENISA may disseminate information regarding the level of cybersecurity of the products and services offered in the internal market, and issue warnings targeting providers and manufacturers and requiring them to improve the security, including cybersecurity, of their products and services. The agency should work together with stakeholder towards developing a EU-wide approach to responsible vulnerabilities disclosure and should promote best practice in this area.
Amendment 50 #
2017/0225(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) The Agency should have a Permanent Stakeholders’ Group as an advisory body, to ensure regular dialogue with the private sector, consumers’ organisations and other relevant stakeholders. The Permanent Stakeholders’ Group, set up by the Management Board on a proposal by the Executive Director, should focus on issues relevant to stakeholders and bring them to the attention of the Agency. The composition of the Permanent Stakeholders Group and the tasks assigned to this Group, to be consulted in particular regarding the draft Work Programme, should ensure sufficient representation of stakeholders in the work of the Agency. Given the importance of certification requirements to ensure trust in IoT, the Commission will specifically consider implementing measures to ensure the pan-EU security standards harmonisation for IoT devices.
Amendment 51 #
2017/0225(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) Currently, the cybersecurity certification of ICT products and services is used only to a limited extent. When it exists, it mostly occurs at Member State level or in the framework of industry driven schemes. In this context, a certificate issued by one national cybersecurity authority is not in principle recognised by other Member States. Companies thus may have to certify their products and services in several Member States where they operate, for example with a view to participating in national procurement procedures. Moreover, while new schemes are emerging, there seems to be no coherent and holistic approach with regard to horizontal cybersecurity issues, for instance in the field of the Internet of Things. Existing schemes present significant shortcomings and differences in terms of product coverage, levels of assurance, substantive criteria and actual utilisation. A case by case approach is required to ensure that services and products are subject to appropriate certification schemes. Additionally, a risk- based approach is needed for effective identification and mitigation of risks whilst acknowledging that a one size fits all scheme is not possible.
Amendment 57 #
2017/0225(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) Recourse to European cybersecurity certification should remain voluntary, unless otherwise provided in Union or national legislation. After this initial stage, and depending on the maturity of implementation in the EU Member States and the criticality of a product or service, it is recognised that, in the future, potentially mandatory schemes for certain ICT products and services may begin to evolve in a phased approach for the future generations of technology and in response to the policy objectives of tomorrow. However, with a view to achieving the objectives of this Regulation and avoiding the fragmentation of the internal market, national cybersecurity certification schemes or procedures for the ICT products and services covered by a European cybersecurity certification scheme should cease to produce effects from the date established by the Commission by means of the implementing act. Moreover, Member States should not introduce new national certification schemes providing cybersecurity certification schemes for ICT products and services already covered by an existing European cybersecurity certification scheme.
Amendment 73 #
2017/0225(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point 2
Article 5 – paragraph 1 – point 2
2. assisting Member States to implement consistently the Union policy and law regarding cybersecurity notably in relation to Directive (EU) 2016/1148, Directive establishing the European Electronic Communications Code, Regulation (EU) 2016/679 and Directive2002/58/EC, including by means of opinions, guidelines, advice and best practices on topics such as risk management, incident reporting and information sharing, as well as facilitating the exchange of best practices between competent authorities in this regard;
Amendment 96 #
2017/0225(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. The Management Board, acting on a proposal by the Executive Director, shall set up a Permanent Stakeholders’ Group composed of recognised experts representing the relevant stakeholders, such as the ICT industry, providers of electronic communications networks or services available to the public, consumer groups, the European standardisation organisations, academic experts in the cybersecurity, and representatives of competent authorities notified under [Directive establishing the European Electronic Communications Code] as well as of law enforcement and data protection supervisory authorities.
Amendment 100 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
1. Following a request from the Commission, ENISA shall prepare a candidate European cybersecurity certification scheme which meets the requirements set out in Articles 45, 46 and 47 of this Regulation. Member States or the European Cybersecurity Certification Group (the ‘Group’) or the Permanent Stakeholders’ Group established under Article 5320 and 53 respectively may propose the preparation of a candidate European cybersecurity certification scheme to the Commission.
Amendment 102 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group. The and the Permanent Stakeholders’ Group. The Group and the Permanent Stakeholders’ Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary. Where relevant, ENISA may in addition set up a certification stakeholder working group, composed of members of the Permanent Stakeholders’ Group and any other relevant stakeholders, to provide expert advice on areas covered by a specific candidate scheme.
Amendment 109 #
2017/0225(COD)
2. The assurance levels basic, substantial and high shall meet the following criteria respectively:refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a corresponding degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls, the purpose of which is to decrease the risk of cybersecurity incidents; the assurance level shall be defined on a case by case basis.
Amendment 110 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
Amendment 112 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
Amendment 114 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
Amendment 116 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a a (new)
Article 47 – paragraph 1 – point a a (new)
(aa) the conformity assessment and auditing bodies
Amendment 117 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point l
Article 47 – paragraph 1 – point l
(l) identification of national cybersecurity certification schemes, pursuant to Article 49, covering the same type or categories of ICT products and services;
Amendment 121 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. Certificates shall be issued for a maximum period of three years and may be renewed, under the same conditions,determined on a case by case basis for each scheme and may be renewed provided that the relevant requirements continue to be met.
Amendment 135 #
2017/0225(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 9
Article 2 – paragraph 1 – point 9
(9) ‘European cybersecurity certification scheme’ means the comprehensive set of rules, technical requirements, standards and procedures defined at Union level applying to the certification of Information and Communication Technology (ICT) hardware and software products and services falling under the scope of that specific scheme;
Amendment 224 #
2017/0225(COD)
Proposal for a regulation
Article 43 – paragraph 1
Article 43 – paragraph 1
A European cybersecurity certification scheme shall attest that the ICT hardware and software products and services that have been certified in accordance with such scheme comply with specified requirements as regards their ability to resist at a given level of risk-based assurance, actions that aim to compromise the availability, authenticity, integrity or confidentiality of stored or transmitted or processed data or the functions or services offered by, or accessible via, those products,hardware and software products, development and maintenance processes, services and systems.
Amendment 235 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2
Article 44 – paragraph 2
2. When preparing candidate schemes referred to in paragraph 1 of this Article, ENISA shall consult all relevant stakeholders and closely cooperate with the Group in defining the security objectives of the candidate certification scheme in line with Article 45, which will lead to the compilation of a checklist of risks and corresponding cybersecurity features. The Group shall provide ENISA with the assistance and expert advice required by ENISA in relation to the preparation of the candidate scheme, including by providing opinions where necessary.
Amendment 243 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 a (new)
Article 44 – paragraph 2 a (new)
2a. ENISA shall coordinate the compilation of a checklist of risks associated with the hardware or software of the ICT product or service. The risks shall be matched with corresponding cybersecurity features to be included in the candidate European cybersecurity certification scheme.
Amendment 247 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 2 b (new)
Article 44 – paragraph 2 b (new)
2b. The checklist prepared shall draw from Member States’ experience in designing and implementing cybersecurity certificates within their jurisdictions. A list of expected risks will be drawn up, analysed and depending on an assessment of the risk environment that the ICT software or hardware product or ICT service will eventually operate in as well as the expected end user.
Amendment 254 #
2017/0225(COD)
4. The Commission, based on the candidate scheme proposed by ENISA, may adopt implementing acts, in accordance with Article 55(1), providing for European cybersecurity certification schemes for ICT hardware and software products and services meeting the requirements of Articles 45, 46 and 47 of this Regulation.
Amendment 255 #
2017/0225(COD)
Proposal for a regulation
Article 44 – paragraph 5
Article 44 – paragraph 5
5. ENISA shall maintain a dedicated website providing information on, and publicity of, European cybersecurity certification schemes as well as candidate cybersecurity certification schemes in preparation.
Amendment 258 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
A European cybersecurity certification scheme shall be so designed to take into account, as applicable, the following non- exhaustive list of security objectives:
Amendment 272 #
2017/0225(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point g
Article 45 – paragraph 1 – point g
(g) ensure that ICT hardware and software products and services are provided with up to date software that does not contain known vulnerabilities, and are provided with mechanisms for secure software updates.
Amendment 276 #
2017/0225(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Risk-Based Assurance levels of European cybersecurity certification schemes
Amendment 302 #
2017/0225(COD)
(b) risk-based assurance level substantial shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a substantial degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls that are generally used at industry level, the purpose of which is to decrease substantially the risk of cybersecurity incidents;
Amendment 309 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point c
Article 46 – paragraph 2 – point c
(c) risk-based assurance level high shall refer to a certificate issued in the context of a European cybersecurity certification scheme, which provides a higher degree of confidence in the claimed or asserted cybersecurity qualities of an ICT product or service than certificates with the assurance level substantial, and is characterised with reference to technical specifications, standards and procedures related thereto, including technical controls that are generally used at industrial level, the purpose of which is to prevent cybersecurity incidents.
Amendment 311 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. The risk-based assurance level for a candidate European cybersecurity certification scheme shall be identified on the basis of the risks identified in the checklist established in Article 44(2) and the availability of cybersecurity measures to counter those risks in the ICT hardware and software products and services to which the certification scheme applies.
Amendment 313 #
2017/0225(COD)
Proposal for a regulation
Article 46 – paragraph 2 b (new)
Article 46 – paragraph 2 b (new)
Amendment 317 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – introductory part
Article 47 – paragraph 1 – introductory part
1. A European cybersecurity certification scheme shall include at least the following elements:
Amendment 320 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point a
Article 47 – paragraph 1 – point a
(a) subject-matter and scope of the certification, including the type or categories of ICT hardware and software products and services covered;
Amendment 322 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point b
Article 47 – paragraph 1 – point b
(b) detailed specification of the cybersecurity requirements against which the specific ICT hardware and software products and services are evaluated, for example by reference to Union or international standards or technical specifications;
Amendment 327 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c
Article 47 – paragraph 1 – point c
(c) where applicable, one or more risk- based assurance levels;
Amendment 330 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point c b (new)
Article 47 – paragraph 1 – point c b (new)
(cb) certification requirements defined in a way that certification can be incorporated into or based on the producer’s systematic cybersecurity processes followed during the design, development and lifecycle of the ICT product or service;
Amendment 333 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point f
Article 47 – paragraph 1 – point f
(f) where the scheme provides for marks or labels, such an EU Cybersecurity Conformity Label signifying that the ICT product or service conforms to the criteria of a European cybersecurity certificate scheme, the conditions under which such marks or labels may be used;
Amendment 342 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point i
Article 47 – paragraph 1 – point i
(i) rules concerning the consequences of non-conformity of certified ICT hardware and software products and services with the certification requirements, including general information about the penalties to be incurred as laid down in Article 54 of this Regulation;
Amendment 343 #
2017/0225(COD)
Proposal for a regulation
Article 47 – paragraph 1 – point j
Article 47 – paragraph 1 – point j
(j) rulesthe requirement that an ICT hardware or software product trader or service provider has procedures and rules in place concerning how previously undetected cybersecurity vulnerabilities in ICT hardware and software products and services are to be reported and dealt with;
Amendment 368 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
1. ICT hardware and software products and services that have been certified under a European cybersecurity certification scheme adopted pursuant to Article 44 shall be presumed to be compliant with the requirements of such scheme.
Amendment 383 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6
Article 48 – paragraph 6
6. Certificates shall be issued and shall remain valid for a maximum period defined in each cybersecurity certification scheme according to Article 47(1)(n) and depending on the risk environment, the hardware and/or software product or services’ expected uses for a maximum period of three years and may be renewed, under the same conditions, provided that the relevant requirements continue to be met.
Amendment 386 #
2017/0225(COD)
Proposal for a regulation
Article 48 – paragraph 6 a (new)
Article 48 – paragraph 6 a (new)
6a. A European cybersecurity certification scheme shall remain valid for all new versions, patches, fixes, updates, etc. issued by the ICT hardware or software product or service trader and/or manufacturer to address security vulnerabilities that have been addressed through the trader and/or manufacturer’s procedures as defined under Article 47(1)(j).
Amendment 411 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 6 – point b
Article 50 – paragraph 6 – point b
(b) monitor and, supervise and assess the activities of conformity assessment bodies for the purpose of this Regulation, including in relation to the notification of conformity assessment bodies and the related tasks set out in Article 52 of this Regulation;
Amendment 420 #
2017/0225(COD)
Proposal for a regulation
Article 50 – paragraph 7 – point e
Article 50 – paragraph 7 – point e
(e) to withdraw, in accordance with national law, certificates that are not compliant with this Regulation or a European cybersecurity certification scheme and inform national accreditation bodies accordingly;
Amendment 432 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a a (new)
Article 53 – paragraph 3 – point a a (new)
(aa) to provide ENISA with strategic guidance and to establish a work programme including the common actions to be undertaken at EU level to ensure the consistent application of this Title across all Member States;
Amendment 433 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point a b (new)
Article 53 – paragraph 3 – point a b (new)
(ab) to establish and periodically update a priority list of ICT products and services that urgently require an EU cybersecurity certification scheme;
Amendment 434 #
2017/0225(COD)
Proposal for a regulation
Article 53 – paragraph 3 – point b a (new)
Article 53 – paragraph 3 – point b a (new)
(ba) to adopt binding rules determining the intervals at which national certification supervisory authorities are to carry out verifications of certificates and the criteria, scale and scope of these verifications and to adopt common rules and standards for reporting, in accordance with Article 50(6).
Amendment 53 #
2017/0145(COD)
Proposal for a regulation
Recital 5 – introductory part
Recital 5 – introductory part
(5) Since the Management Authority required legal, administrative and financial autonomy, it was established in the form of a regulatory agency (Agency) having legal personality. As was agreed, the seat of the Agency was established in Tallinn (Estonia). However, since the tasks relating to technical development and the preparation for the operational management of SIS and VIS were already being carried out in Strasbourg (France) and a backup site for those IT systems had been installed in Sankt Johann im Pongau (Austria) in line also with the locations of the SIS and VIS systems decided under the relevant legislative instruments, this should continue to be the case. Those two sites should also continue to be the locations, respectively, where the tasks relating to operational management of Eurodac should be carried out and where a backup site for Eurodac should be established. Those two sites should also be the locations, respectively, for the technical development and operational management of other large-scale IT systems in the area of freedom, security and justice, and, if so provided in the relevant legislative instrument, for a backup site capable of ensuring the operation of a large-scale IT system in the event of failure of that system, as long as their capacity allows it. In the case of insufficient capacity and after a proper assessment of needs, further technical sites may be established. In order to maximise the possible use of the backup site, this site should also be able to operate systems simultaneously in an active mode provided that it remains capable of ensuring their operation in case of failure of the systems.
Amendment 57 #
2017/0145(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Furthermore, the Agency could also be made responsible for the preparation, development and operational management of additional large-scale IT systems in application of Articles 67 to 89 of the Treaty on the Functioning of the European Union (TFEU), such as the secure ICT solution for cross-border exchange of sensitive data by the judicial authorities (e-CODEX). The Agency should be entrusted with such tasks only by means of subsequent and separate legislative instruments, preceded by an impact assessment.
Amendment 59 #
2017/0145(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) The Agency should provide advice to Member States with regard to the national systems' connection to the central systems at their request.
Amendment 61 #
2017/0145(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The Agency should also provide ad-hoc support to Member States where required by security or migratory extraordinary needs. In particular, where a Member State faces specific and disproportionate migratory challenges at particular areas of its external borders characterised by large inward migratory flows, the Member States should be able to rely on technical and operational reinforcements. This should be provided in hotspot areas by migration management support teams composed of experts from relevant Union agencies. Where the support of eu-LISA would be required in this context with regard to issues related to the large-scale IT systems it manages, the request for support should be sent to the Agency by the Commission. The Commission should monitor whether the Agency provides a response to the request without delay.
Amendment 93 #
2017/0145(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(ba) The Agency shall also be responsible for the tasks relating to the SIRENE Bureaux and for the communication between the SIRENE Bureaux foreseen in the SIS Regulation.
Amendment 108 #
2017/0145(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The Agency shall on a regular basis keep the European Parliament, the Council, the Commission, and, where data protection issues arepersonal data processing is concerned, the European Data Protection Supervisor informed on the developments referred to in paragraph 1.
Amendment 110 #
2017/0145(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 2
Article 11 – paragraph 1 – subparagraph 2
The Agency shall on a regular basis keep the European Parliament, the Council and, where data protection issues arepersonal data processing is concerned, the European Data Protection Supervisor, informed of the evolution of the pilot projects referred to in the first subparagraph.
Amendment 115 #
2017/0145(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The AgencyAny Member State may be requested the Agency to provide advice to Member States with regard to theas regards its national systems' connection to the central systems and ad-hoc support to Member States. The requests for ad-hoc support shall be submitted to the Commission which shall transmit them to t. Any Member State may submit a request for ad-hoc support to the Commission which, subject to its positive assessment that such support is required, shall transmit it to the Agency, which shall inform the Management Board. The Commission shall monitor whether the Agency has provided a timely response to the Member State's request. The Agency. It may also be requested to provide advice or support to the Commission on technical issues related to existing or new systems including by way of studies and testing.
Amendment 122 #
2017/0145(COD)
Proposal for a regulation
Article 13 – paragraph 4 – subparagraph 3
Article 13 – paragraph 4 – subparagraph 3
Where a backup site or a second technical site is provided for in the legislative instruments governing the development, establishment, operation and use of each of the systems, this site shall be installed in Sankt Johann im Pongau, Austriais required to ensure full functionality of the systems, this site shall be installed in Sankt Johann im Pongau, Austria. With regard to the implementation of new systems, the Management Board together with the Commission shall evaluate and assess the specific requirements of these systems and recommend technical solutions that ensure best use of and connectivity with the backup site. The backup site may be used simultaneously for active operation of the large-scale IT systems provided that it remains capable of ensuring operation in the event of a failure of one or more of the systems.
Amendment 138 #
2017/0145(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. The term of office of the members and their alternates shall be four years, extendrenewable. Upon expiry of their term of office or in the event of their resignation, members shall remain in office until their appointments are renewed or until they are replaced.
Amendment 143 #
2017/0145(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. The Executive Director shall be independent in the performance of his duties. Without prejudice to the respective competences of the Commission and the Management Board, the Executive Director shall neither seek nor take instructions from any government or other body.
Amendment 159 #
2017/0145(COD)
Proposal for a regulation
Article 24 – paragraph 5
Article 24 – paragraph 5
5. The Commission and the Member States, upon request of the Agency, may second officials or national experts to the Agency on a temporary basis. The Management Board shall adopt a decision laying down rules on the secondment of national experts to the Agency.
Amendment 160 #
2017/0145(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
The members of the Management Board, the Executive Director and the members of the Advisory Groups shall undertake to act in the public interest. For that purpose they shall issue an annual, written, public statement of commitment, which shall be published on the Agency's website.
Amendment 161 #
2017/0003(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Member States should be allowed, within the limits of this Regulation, to maintain or introduce national provisions to further specify andEuropean Data Protection Board should, where necessary, issue guidance and opinions within the limits of this Regulation, to further clarify the application of the rules of this Regulation in order to ensure an effective application and interpretation of those rules. Therefore, the margin of discretion, which Member States hase guidance and opinions should take into account the dual objective inof this rRegard,ulation, therefore they should maintain a balance between the protection of private life and personal data and the free movement of electronic communications data.
Amendment 170 #
2017/0003(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) For the purpose of this Regulation, where the provider of an electronic communications service is not established in the Union, it shall designate a representative in the Union. The representative should be designated in writing. The representative may be the same as the one designated under Article 27 of Regulation (EU) 2016/679.
Amendment 200 #
2017/0003(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) The prohibition of storage of communications is not intended to prohibit any automatic, intermediate and transient storage of this information insofar as this takes place for the sole purpose of carrying out the transmission in the electronic communications network. It should not prohibit either the processing of electronic communications data to ensure the security, confidentiality, integrity, availability, authenticity and continuity of the electronic communications services and networks, including checking security threats such as the presence of malware or the processing of metadata to ensure the necessary quality of service requirements, such as latency, jitter etc.
Amendment 212 #
2017/0003(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The processing of electronic communications data can be useful for businesses, consumers and society as a whole. Vis-à-vis Directive 2002/58/EC, this Regulation broadens the possibilities for providers of electronic communications services to process electronic communications metadata, based on end- users consent. However, end-users attach great importance to the confidentiality of their communications, including their online activities, and that they want to control the use of electronic communications data for purposes other than conveying the communication. Therefore, this Regulation should require providers of electronic communications services to obtain end-users’ consent to process electronic communications metadata, which should include data on the location of the device generated for the purposes of granting and maintaining access and connection to the service. Location data that is generated other than in the context of providing electronic communications services should not be considered as metadata. Examples of commercial usages of electronic communications metadata by providers of electronic communications services may include the provision of heatmaps; a graphical representation of data using colors to indicate the presence of individuals. To display the traffic movements in certain directions during a certain period of time, an identifier is necessary to link the positions of individuals at certain time intervals. This identifier would be missing if anonymous data were to be used and such movement could not be displayed. Such usage of electronic communications metadata could, for example, benefit public authorities and public transport operators to define where to develop new infrastructure, based on the usage of and pressure on the existing structure. Where a type of processing of electronic communications metadata, in particular using new technologies, As an exemption from obtaining end-user´s consent, the processing of metadata for purposes other thand taking into account the nature, scope, context and purposes ofhose for which they were initially collected should be allowed in cases where the processing, is likely to result in a high risk to the rights and freedoms of natural persons, a data protection impact assessment and, as the case may be, a conscompatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regultation of the supervisory authority should take place prior to the processing, in accordance with(EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Articles 35 and 36 of Regulation (EU) 2016/679.
Amendment 222 #
2017/0003(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The content of electronic communications pertains to the essence of the fundamental right to respect for private and family life, home and communications protected under Article 7 of the Charter. Any interference with the content of electronic communications should be allowed only under very clear defined conditions, for specific purposes and be subject to adequate safeguards against abuse. This Regulation provides for the possibility of providers of electronic communications services to process electronic communications data in transit, with the informed consent of all the end- users concerned. For example, providers may offer services that entail the scanning of emails to remove certain pre-defined material. Given the sensitivity of the content of communications, this Regulation sets forth a presumption that the processing of such content data will result in high risks to the rights and freedoms of natural persons. When processing such type of data, the provider of the electronic communications service should always consult the supervisory authority prior to the processing. Such consultation should be in accordance with Article 36 (2) and (3) of Regulation (EU) 2016/679. The presumption does not encompass the processing of content data to provide a service requested by the end-user where the end-user has consented to such processing and it is carried out for the purposes and duration strictly necessary and proportionate for such service, for example text to voice service, organisation of the mailbox, calendar assistants or SPAM filter service. After electronic communications content has been sent by the end-user and received by the intended end-user or end-users, it may be recorded or stored by the end-user, end- users or by a third party entrusted by them to record or store such data. Any processing of such data must comply with Regulation (EU) 2016/679.
Amendment 227 #
2017/0003(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Terminal equipment of end-users of electronic communications networks and any information relating to the usage of such terminal equipment, whether in particular is stored in or emitted by such equipment, requested from or processed in order to enable it to connect to another device and or network equipment, are part of the private sphere of the end-users requiring protection under the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms. Given that such equipment contains or processes information that may reveal details of an individual’s emotional, political, social complexities, including the content of communications, pictures, the location of individuals by accessing the device’s GPS capabilities, contact lists, and other information already stored in the device, the information related to such equipment requires enhanced privacy protection. Furthermore, the so-called spyware, web bugs, hidden identifiers, tracking cookies and other similar unwanted tracking tools can enter end-user’s terminal equipment without their knowledge in order to gain access to information, to store hidden information and to trace the activities. Information related to the end-user’s device may also be collected remotely for the purpose of identification and tracking, using techniques such as the so-called ‘device fingerprinting’, often without the knowledge of the end-user, and may seriously intrude upon the privacy of these end-users. Techniques that surreptitiously monitor the actions of end-users, for example by tracking their activities online or the location of their terminal equipment, or subvert the operation of the end-users’ terminal equipment pose a serious threat to the privacy of end-users. Therefore, any such interference with the end-user’s terminal equipment should be allowed only with the end-user’s consent or for clearly defined exceptions and for specific and transparent purposes.
Amendment 232 #
2017/0003(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Exceptions to the obligation to obtain consent to make use of the processing and storage capabilities of terminal equipment or to access information stored in terminal equipment should be limited to situations that involve no, or only very limited, intrusion of privacy. For instance, consent should not be requested for authorizing the technical storage or access which is strictly necessary and proportionate for the legitimate purpose of enabling the use of a specific service explicitly requested by the end-user. This may include the storing of cookies for the duration of a single established session on a website to keep track of the end-user’s input when filling in online forms over several pages. Consent should also not be necessary if the information processed or stored is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability and authenticity of the terminal equipment. Cookies can also be a legitimate and useful tool, for example, in measuring web traffic to a website. Information society providers that engage in configuration checking to provide the service in compliance with the end-user’s settings and the mere logging of the fact that the end-user’s device is unable to receive content requested by the end- user should not constitute access to such a device or use of the device processing capabilities. As an exemption from obtaining end-user´s consent, the processing of information and data that are or are rendered pseudonymous or anonymous should be allowed or for purposes other than those for which they were initially collected in cases where the processing is compatible and is subject to specific safeguards, especially pseudonymisation as set forth in point (4) of Article 6 of Regulation (EU) 2016/679, as well as if it is necessary in accordance with Article 6 (1) (f) of Regulation (EU) 2016/679 for the purpose of legitimate interest, provided that the data protection impact assessment was carried out, as prescribed in Article 35 of Regulation (EU) 2016/679. Adherence to the data protection certification mechanisms, seals or marks, as defined respectively in Article 40 and Article 42 of Regulation (EU) 2016/679, shall be encouraged and promoted, especially to demonstrate compliance with the Regulation in case of exceptions concerning compatible processing and legitimate interests as described above.
Amendment 241 #
2017/0003(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) The methods used for providing information and obtaining end-user’s consent should be as user-friendly as possible. Given the ubiquitous use of tracking cookies and other tracking techniques, end-users are increasingly requested to provide consent to store such tracking cookies in their terminal equipment. As a result, end-users are overloaded with requests to provide consent. The use of technical means to provide consent, for example, through transparent and user-friendly settings, may address this problem. Therefore, this Regulation should provide for the possibility to express consent by using the appropriate technical settings of a browser or other application. The choices made by end- users when establishing its general privacy settings of a browser or other application should be binding on, and enforceable against, any third parties. Web browsers are a type of software application that permits the retrieval and presentation of information on the internet. Other types of applications, such as the ones that permit calling and messaging or provide route guidance, have also the same capabilities. Web browsers mediate much of what occurs between the end-user and the website. From this perspective, they are in a privileged position to play an active role to help the end-user to control the flow of information to and from the terminal equipment. More particularly web browsers may be used as gatekeepers, thus helping end-users to prevent information from their terminal equipment (for example smart phone, tablet or computer) from being accessed or stored.
Amendment 253 #
2017/0003(COD)
(23) The principles of data protection by design and by default were codified under Article 25 of Regulation (EU) 2016/679. Currently, the default settings for cookies are set in most current browsers to ‘accept all cookies’. Therefore providers of software enabling the retrieval and presentation of information on the internet should have an obligation to configure the software so that it offers the optioninform the end-user about the possibility to express his or her consent using appropriate technical settings. The end-user should be offered multiple options to choose from, including to prevent third parties from storing information on the terminal equipment; this is often presented as ‘reject third party cookies’. End-users should be offered a set of privacy setting options, ranging from, higher (for example, ‘never accept cookies’) to lower (for example, ‘always accept cookies’) and intermediarejecting tracking that is not necessary for the functionality of the website or other software to, for example, accepting tracking necessary for the functionality of the website (for example, ‘reject third party cookiother software as well as for other purposes’ or ‘only accept first p, for example, accepting tracking necessarty cookies’). Such privacy settings shouldfor the functionality of the website or other software and tracking for other purposes bey presented in an easily visible and intelligible mannerarties that demonstrate the compliance with the EU data protection and privacy legislation, for instance in line with Article 40 and 42 of Regulation (EU) 2016/679.
Amendment 260 #
2017/0003(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) For web browsers to be able to obtain end-users’ consent as defined under Regulation (EU) 2016/679, for example, to the storage of third party tracking cookies, they should, among others, require a clear affirmative action from the end-user of terminal equipment to signify his or her freely given, specific informed, and unambiguous agreement to the storage and access of such cookies or other tracking mechanisms in and from the terminal equipment. Such action may be considered to be affirmative, for example, if end-users are required to actively select ‘accept third party cookies’one of the offered options to confirm their agreement and are given the necessary information to make the choice. To this end, it is necessary to require providers of software enabling access to internet that, at the moment of installation, end-users are informed about the possibility to choose the privacy settings among the various options and ask them to make a choice. Information provided should not dissuade end-users from selecting higher privacy settings and should include relevant information about the risks associated to allowing third party cookies or other tracking mechanisms to be stored in the computer, including the compilation of long-term records of individuals’ browsing histories and the use of such records to send targeted advertising. Web browsers are encouraged to provide easy ways for end-users to change the privacy settings at any time during use and to. Web browsers shall allow the end-user to make exceptions for or to whitelist certain websites or to specify for which websites (third) party cookies are always or never allowedcustomise his or her privacy settings for each individual website visited. The website shall be able to communicate to the end-user the fact that their privacy settings may influence his or her customer experience or access to all functionalities of the website and shall be allowed to offer end-user information how to change his or her settings, request consent from the end-user or offer him or her alternative options, such as i.e. subscription or paid access. The choice of end user for specific websites shall be respected by web browsers.
Amendment 264 #
2017/0003(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Accessing electronic communications networks requires the regular emission of certain data packets in order to discover or maintain a connection with the network or other devices on the network. Furthermore, devices must have a unique address assigned in order to be identifiable on that network. Wireless and cellular telephone standards similarly involve the emission of active signals containing unique identifiers such as a MAC address, the IMEI (International Mobile Station Equipment Identity), the IMSI etc. A single wireless base station (i.e. a transmitter and receiver), such as a wireless access point, has a specific range within which such information may be captured. Service providers have emerged who offer tracking services based on the scanning of equipment related information with diverse functionalities, including people counting, providing data on the number of people waiting in line, ascertaining the number of people in a specific area, etc. This information may be used for more intrusive purposes, such as to send commercial messages to end-users, for example when they enter stores, with personalized offers. While some of these functionalities do not entail high privacy risks, others do, for example, those involving the tracking of individuals over time, including repeated visits to specified locations. Providers engaged in such practices should ask for the end-user´s consent or should carry out data protection impact assessment and in this case the data collected is or is rendered pseudonymous or anonymous. Where a data protection impact assessment indicates that the processing would result in a high risk in the absence of measures taken by the controller to mitigate the risk, prior consultation with the supervisory authority, as prescribed in Article 36 of Regulation (EU) 2016/679, shall be carried out. Providers should display prominent notices located on the edge of the area of coverage informing end-users prior to entering the defined area that the technology is in operation within a given perimeter, the purpose of the tracking, the person responsible for it and the existence of any measure the end-user of the terminal equipment can take to minimize or stop the collection. Additional information should be provided where personal data are collected pursuant to Article 13 of Regulation (EU) 2016/679.
Amendment 273 #
2017/0003(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) When the processing of electronic communications data by providers of electronic communications services falls within its scope, this Regulation should provide for the possibility for the Union or Member States under specific conditions to restrict by law certain obligations and rights when such a restriction constitutes a necessary and proportionate measure in a democratic society to safeguard specific public interests, including national security, defence, public security and the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security and other important objectives of general public interest of the Union or of a Member State, in particular an important economic or financial interest of the Union or of a Member State, or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests. Therefore, this Regulation should not affect the ability of Member States to carry out lawful interception of electronic communications or take other measures, if necessary and proportionate to safeguard the public interests mentioned above, in accordance with the Charter of Fundamental Rights of the European Union and the European Convention for the Protection of Human Rights and Fundamental Freedoms, as interpreted by the Court of Justice of the European Union and of the European Court of Human Rights. Providers of electronic communications services should provide for appropriate procedures to facilitate legitimate requests of competent authorities, where relevant also taking into account the role of the representative designated pursuant to Article 3(3).
Amendment 284 #
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 before their personal data are 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. The consent should be collected by the electronic communications service provider at the moment of signing the contract for such service.
Amendment 290 #
2017/0003(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) If end-users that are natural persons give their consent to their data being included in such directories, they should be able to determine on a consent basis which categories of personal data are included in the directory (for example name, email address, home address, user name, phone number). In addition, providers of publicly available directorieupon giving their consent the end-users should be inform the end-usersed of the purposes of the directory and of the search functions of the directory before including them in that directory. End-users should be able to determine by consent on the basis of which categories of personal data their contact details can be searched. The categories of personal data included in the directory and the categories of personal data on the basis of which the end-user’s contact details can be searched should not necessarily be the same. The providers of publicly available directories shall provide information about the search options, as well as if new options and functions of the directories are available in the publicly available directories.
Amendment 303 #
2017/0003(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Safeguards should be provided to protect end-users against unsolicited communications for direct marketing purposes, which intrude into the private life of end-users. The degree of privacy intrusion and nuisance is considered relatively similar independently of the wide range of technologies and channels used to conduct these electronic communications, whether using automated calling and communication systems, instant messaging applications, emails, SMS, MMS, Bluetooth, etc. It is therefore justified to require that consent of the end-user is obtained before commercial electronic communications for direct marketing purposes are sent to end-users in order to effectively protect individuals against the intrusion into their private life as well as the legitimate interest of legal persons. Legal certainty and the need to ensure that the rules protecting against unsolicited electronic communications remain future- proof justify the need to define a single set of rules that do not vary according to the technology used to convey these unsolicited communications, while at the same time guaranteeing an equivalent level of protection for all citizens throughout the Union. However, it is reasonable to allow the use of e-mail contact details within the context of an existing customer relationship for the offering of similar products or services. Such possibility should only apply to the same company that has obtained the electronic contact details in accordance with Regulation (EU) 2016/679.
Amendment 304 #
2017/0003(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) Regulation 2016/679 explicitly recognises the need to provide additional protection to children. This Regulation shall provide additional protection and safeguards when end-users are children, given that they may be less aware of the risks and consequences associated with the processing of their personal data. This Regulation should also grant special attention to the protection of children’s privacy. When children are required to express their consent, the information provided to express the consent should be given in a clear and age-appropriate language. Profiling and behaviourally targeted advertising techniques for children should be prohibited.
Amendment 315 #
2017/0003(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) Service providers who offer electronic communications services should inform end- users of measures they can take to protect all comply withe security of their communications for instance by using specific types of software or encryption technologies. The requirement to inform end-users of particular security risks does not discharge a service provider from the obligation to take, at its own costs, appropriate and immediate measures to remedy any new, unforeseen security risks and restore the normal security level of the service. The provision of information about security risks to the subscriber should be free of charge. Security is appraised in the light of Article 32 of Regulation (EU) 2016/679bligations as prescribed in Article 32 of Regulation (EU) 2016/679 and Article 40 of [European Electronic Communications Code].
Amendment 367 #
2017/0003(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 405 #
2017/0003(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
Electronic communications data shall be confidential. Any interference with electronic communications data, such as by listening, tapping, storing, monitoring, scanning or other kinds of interception, or surveillance or processing of electronic communications data, by persons other than the end-users, shall be prohibited, except when permitted by this Regulation.
Amendment 414 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Providers of electronic communications networks and services may process electronic communications data if: it is necessary to achieve the transmission of the communication, for the duration necessary for that purpose.
Amendment 419 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
Amendment 425 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 444 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1 a. Providers of electronic communication networks and services and third parties may process electronic communication data to the extent strictly necessary for the purpose of ensuring security of network and information if it is necessary to protect, maintain or restore the confidentiality, integrity, availability, authenticity of electronic communications, protect the privacy and safety of end-users or of third parties or detect technical faults and/or errors in the transmission of electronic communications, for the duration necessary for that purpose.
Amendment 448 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Providers of electronic communications networks and services may process electronic communications metadata if:
Amendment 468 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) the end-user concerned has given his or her consent to the processing of his or her communications metadata for one or more specified purposes, including for the provision of specific services to such end- users, provided that the purpose or purposes concerned could not be fulfilled by processing information that is made anonymous.;or
Amendment 472 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c a (new)
Article 6 – paragraph 2 – point c a (new)
(c a) the processing of these data for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or
Amendment 476 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c b (new)
Article 6 – paragraph 2 – point c b (new)
(c b) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679, for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 477 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2 a. For the purpose of point (cb) of paragraph 2, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679.
Amendment 481 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. PWithout prejudice to points (1) and (1a) of Article 6, providers of the electronic communications services may process electronic communications content only:
Amendment 489 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 – point a
Article 6 – paragraph 3 – point a
(a) for the sole purpose of the provision of a specific service to an end- user, if the end-user or end-users concerned haves given theihis or her consent to the processing of his or her electronic communications content and the provision of that service cannot be fulfilled without the processing of such content; or
Amendment 494 #
2017/0003(COD)
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. Electronic communications data that is generated in the context of an electronic communications service envisioned particularly for children or directly targeted at children shall not be used for profiling or behaviourally targeted advertising purposes.
Amendment 502 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Without prejudice to point (b) of Article 6(1a) and points (a) and (b) of Article 6(3), the provider of the electronic communications service shall erase electronic communications content or make that data anonymous after receipt of electronic communication content by the intended recipient or recipients. Such data may be recorded or stored by the end-users or by a third party entrusted by them to record, store or otherwise process such data, in accordance with Regulation (EU) 2016/679.
Amendment 505 #
2017/0003(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Without prejudice to point (b) of Article 6(1a) and points (a), (c), (ca) and (cb) of Article 6(2), the provider of the electronic communications service shall erase electronic communications metadata or make that data anonymous when it is no longer needed for the purpose of the transmission of a communication.
Amendment 528 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b a (new)
Article 8 – paragraph 1 – point b a (new)
(b a) the information is or is rendered pseudonymous or anonymous;or
Amendment 541 #
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.to obtain information about technical quality or effectiveness of an information society service that has been delivered, to understand and optimize web usage or about terminal equipment functionality, and it has no or little impact on the privacy of the end-user concerned; or
Amendment 556 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) Terminal equipment that is intended particularly for children’s use shall implement specific measures to prevent access to the equipment’s storage and processing capabilities for the purpose of profiling of its users or tracking their behaviour with commercial intent.
Amendment 557 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d a (new)
Article 8 – paragraph 1 – point d a (new)
(d a) it is necessary to protect privacy, security or safety of the end-user, or to protect confidentiality, integrity, availability, authenticity of the terminal equipment;or
Amendment 565 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d b (new)
Article 8 – paragraph 1 – point d b (new)
(d b) the processing of these data and information for another specified purpose is compatible with the purpose for which the data were initially collected and is subject to specific safeguards, especially pseudonymisation, as set forth in Article 6(4) of Regulation (EU) 2016/679;or
Amendment 568 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d c (new)
Article 8 – paragraph 1 – point d c (new)
(d c) it is necessary, in accordance with Article 6(1)(f) of Regulation (EU) 2016/679 for the purposes of the legitimate interests pursued by the service provider or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child.
Amendment 579 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1 a. For the purpose of points (ba), (db) and (dc) of paragraph 1, data protection impact assessment shall be carried out as prescribed in Article 35 of Regulation (EU) 2016/679
Amendment 581 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 1 b (new)
Article 8 – paragraph 1 b (new)
1 b. For the purpose of points (db) and (dc) of paragraph 1, in order to demonstrate the compliance with the Regulation, the adherence to the data protection certification mechanisms and of data protection seals and marks, as defined in Article 42 of Regulation (EU) 2016/679, especially on the Union level, shall be encouraged by the Member States, the supervisory authorities, the Board and the Commission.
Amendment 586 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
Article 8 – paragraph 2 – subparagraph 1 – point a a (new)
(a a) the end-user has given his or her consent;or
Amendment 589 #
2017/0003(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 – point b
Article 8 – paragraph 2 – subparagraph 1 – point b
(b) the information collected is or is rendered pseudonymous or anonymous and the data protection impact assessment and, if necessary, a prior consultation with the supervisory authority were carried out, as prescribed respectively in Article 35 and 36 of Regulation (EU) 2016/679, and a clear and prominent notice is displayed informing of, at least, the modalities of the collection, its purpose, the person responsible for it and the other information required under Article 13 of Regulation (EU) 2016/679 where personal data are collected, as well as any measure the end-user of the terminal equipment can take to stop or minimise the collection.
Amendment 644 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Software placed on the market permitting electronic communications, including the retrieval and presentation of information on the internet, shall offer the option to prevent third parties from storing information on the terminal equipment of an end-user or processing information already stored on that equipmappropriate technical settings referred to in Article 9 (2) for end-user to express consent.
Amendment 654 #
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. The technical settings shall consist of multiple options for end- user to chose from, including an option to prevent other parties from storing information on the terminal equipment of a n end-user and from processing information already stored on that equipment. These settings should be easily accessible during the use of the software.
Amendment 660 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2 a. The software permitting the end- user to access individual websites shall enable the end-user to customise his or her privacy settings according to the website visited.
Amendment 663 #
2017/0003(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 672 #
2017/0003(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Union or Member State law may restrict by way of a legislative measure the scope of the obligations and rights provided for in Articles 5 to 8 where such a restriction respects the essence of the fundamental rights and freedoms and is a necessary, appropriate and proportionate measure in a democratic society to safeguard one or more of the general public interests referred to in Article 23(1)(a) to (ed) of Regulation (EU) 2016/679 or a monitoring, inspection or regulatory function connected to the exercise of official authority for such interests.
Amendment 720 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. The providers of electronic communication services or providers of publicly 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. Providers shall give such end-users that are legal persons the means to verify, correct and delete such data.
Amendment 722 #
2017/0003(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. The possibility for end-users not to be included in a publicly available directory, or to verify, correct and delete any data related to them shall be provided free of charge and in an easily accessible manner by the party that collected the consent or directly from the provider of publicly available directory.
Amendment 742 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where a natural or legal person obtains electronic contact details for electronic mail from its customer, in the context of the sale of a product or a service, in accordance with Regulation (EU) 2016/679, that natural or legal person may use these electronic contact details for direct marketing of its own similar products or services only if customers are clearly and distinctly given the opportunity to object, free of charge and in an easy manner, to such use. The right to object shall be given at the time of collection and each time a message is sent.
Amendment 743 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. Without prejudice to paragraphs 1 and 2, natural or legal persons using electronic communications services for the purposes of placing direct marketing calls shall: present the identity of a line on which they can be contacted; or present a specific code/or prefix identifying the fact that the call is a marketing call.
Amendment 746 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point a
Article 16 – paragraph 3 – point a
Amendment 749 #
2017/0003(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point b
Article 16 – paragraph 3 – point b
Amendment 769 #
2017/0003(COD)
Proposal for a regulation
Article 17 – title
Article 17 – title
Amendment 773 #
2017/0003(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 818 #
2017/0003(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. Directive 2002/58/EC is repealed with effect from 25 May 2018[1 year after entering into force of this Regulation].
Amendment 822 #
2017/0003(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
By 1 January 2018[the date of entry into force of this Regulation] at the latest, the Commission shall establish a detailed programme for monitoring the effectiveness of this Regulation.
Amendment 824 #
2017/0003(COD)
Proposal for a regulation
Article 29 – paragraph 2 – subparagraph 1
Article 29 – paragraph 2 – subparagraph 1
It shall apply from 25 May 2018[1 year after entering into force of this Regulation].
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 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 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 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 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 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 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 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 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 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 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 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 126 #
2016/2313(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its concern about the continued fragmentation into four different legal systems; stresses the need to strengthen judicial independence, including from political pressure, and to fight corruption in the judiciary; urges the rapid adoption of the action plan for the implementation of the 2014-2018 justice sector reform; calls for full implementation of the laws on protection of children and effective access to justice for children; welcomes the adoption of the law on free legal aid at state level and the introduction by the High Judicial and Prosecutorial Council of guidelines on prevention of conflict of interest, the drafting of integrity plans and disciplinary measures; notes the important role of the Structured Dialogue on Justice in addressing the shortcomings in the BiH judiciary;
Amendment 160 #
2016/2313(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls for efforts to further develop the regulatory framework on migration and asylum, enhance coordination among key institutions, build the capacity of professionals to provide on-spot support services to migrants and refugees, including child-friendly services;
Amendment 174 #
2016/2313(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for boosting efforts to combat radicalisation and further measures to identify, prevent and disrupt the flow of foreign fighters, including by close cooperation with relevant services of the Member States and countries in the region; calls for the introduction of programmes on de-radicalisation and preventing youth radicalisationto build social cohesion amongst children and youth, and provide constructive opportunities for youth engagement in their communities;
Amendment 196 #
2016/2313(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Deems it essential to enhance public participation in decision-making and to better engage citizens – including youth - in the EU accession process; notes that civil society is fragmented, institutionally and financially weak; calls for better cooperation mechanisms between government and civil society organisations, including the developing of a strategic framework for cooperation;
Amendment 202 #
2016/2313(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Underlines the need for a substantial improvement in the strategic, legal, institutional and policy frameworks on the observance of human rights; calls for the adoption of a countrywide strategy on human rights and non-discrimination; is concerned about continued discrimination against personchildren and adults with disabilities in the fields of employment, education and access to health care; calls for developing a comprehensive and integrated approach to the social inclusion of Roma; calls for better targeting of social assistance in order to reach the most vulnerable population; welcomes the fact that some governments and parliaments have begun discussing LGBTI rights and drawing up specific measures for their protection; welcomes changes to the BiH anti-discrimination law extending the listed grounds for discrimination to age, disability, sexual orientation and gender identity;
Amendment 213 #
2016/2313(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Calls for efforts to further strengthen the child protection systems in order to prevent and address violence, abuse, neglect and exploitation against children; recommends increased allocation of resources for prevention and further enhancing community- government coordination in protecting children; calls for the implementation of the BiH Action Plan on Children 2015- 18; calls on BiH authorities at federal level and in the the Republika Srpska to facilitate the work of the Human Rights Ombudsman and to ensure better cooperation amongst all child rights monitoring bodies across the country;
Amendment 219 #
2016/2313(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for efforts to promote gender equality and increase the participation of women in political life and employment, to improve their socio- economic situation and to strengthen women’s rights on the wholeand girls' rights; underlines the importance of enhancing completion rate of primary and secondary schools by girls, particularly Roma girls; calls on the BiH authorities to combat early and forced marriages for girls below the age of 18;
Amendment 250 #
2016/2313(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Remains concerned by the continued fragmentation, segregation, inefficiency and complexity of the education system; calls for countrywide common core curricula and better coordination between the different levels of education governance; continues to be concerned about the persistently high school-drop-out rates of Roma pupils; regrets that only 13% of children and 2% of Roma children have access to pre- school education, and only 40% of Roma children complete primary education; regrets the slow progress in addressing and resolving the issue of ‘two schools under one roof’, mono-ethnic schools, and other forms of segregation and discrimination in schools;
Amendment 10 #
2016/2305(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Welcomes EC's intention to work with the MS's and industry towards the voluntary establishment of a common timetable for the launch of early 5G networks by the end of 2018, followed by the launch of fully commercial 5G services in Europe by the end of 2020;
Amendment 26 #
2016/2305(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Welcomes the Connecting Europe Broadband Fund, a fund for broadband infrastructure open to participation of National Promotional Banks and Institutions and of private investors, which will be a step further to bring infrastructure investments to underserved less populated and rural and remote areas;
Amendment 31 #
2016/2305(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Calls on the Commission to assess the National Broadband Plans to identify gaps, and to formulate country-specific recommendations for further action;
Amendment 32 #
2016/2305(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Calls on the European Commission to ensure, maintain and develop financing for the 5G Action Plan at the proper level within the horizon of the next Multiannual Financial Framework 2020-2027;
Amendment 38 #
2016/2305(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights the need to align the basic rules for the allocation of new spectrum within the 700 MHz band for wireless broadband and to consider awarding sufficiently long-lasting licences so as to give predictability to investors, while stressing that an agreement on the harmonisation of the full set of spectrum bands below and above 6 GHz is strategically important for 5G deployment and needs to be reached by the end of 2017 long before the 2019 World Radiocommunication Conference (WRC- 19);
Amendment 49 #
2016/2305(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Underlines the still unimaginable opportunities of cloud technologies, big data and the Internet of Things offer for being a driver of growth and jobs and to improving the lives of every citizen – provided that reliable connectivity reaches everyplace;
Amendment 51 #
2016/2305(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that 5G will enable new high-quality services, connect new industries and ultimately improve the customer experience for increasingly sophisticated and demanding digital users;
Amendment 57 #
2016/2305(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Insists not only in the urgency of accelerating investments on research and innovation on 5G technology but also on the development of more efficient ways to bring swiftly the results of research and innovation to the marketplace;
Amendment 61 #
2016/2305(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Considers that the Union should establish and make available 5G skills development curricula in partnership with the EIT Digital to avoid digital divide and exclusion;
Amendment 65 #
2016/2305(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Believes that a bottom-up system should be promoted and each sector should work out its own roadmap for standardisation, relying on industry-led processes, with a strong will to reach common standards which could have the capacity to become worldwide standards;
Amendment 66 #
2016/2305(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Recalls the need to raise further public awareness of the benefits of the use of Internet for citizens and for businesses since it enhances economic and social opportunities and is a tool that may foster inclusion and create increased opportunities for less developed areas of the Union;
Amendment 67 #
2016/2305(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Looks forward to a truly converging network environment, where wired and wireless communications use a common infrastructure, driving the society forward to an enhanced network society, such as in the case of driverless cars, e-commerce, e-working, e- Agriculture and Farming - the motto for technological agriculture in the 21st century being "produce more with less";
Amendment 74 #
2016/2305(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Advocates to go beyond the use of mere economic indicators to measure the impact of the technology and to complete the image with socioeconomic indicators;
Amendment 80 #
2016/2305(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Recommends that the Commission should establish an annual progress review and recommendations reporting on the 5G Action Plan, and inform Parliament of the results;
Amendment 4 #
2016/2274(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the European standardisation system is a central element in the delivery of the single market and whereas the Commission’s action to set out a common vision for European standardisation is a direct result of the Juncker Commission’s ten priorities and, in particular, the priorities on Connected Digital Single Market and the Single Market Strategy;
Amendment 8 #
2016/2274(INI)
Motion for a resolution
Recital C
Recital C
C. whereas European standards need to be developed in an open, inclusive and transparent system, based on consensus among all stakeholders, with the aim of defining strategic technical or quality requirements with which current or future products, production processes, services or methods may comply, and whereas the European standardisation system plays a key role in responding to the increasing need, in European policy and legislation, for standards capable of ensuring product safety, accessibility, innovation, interoperability and sustainability;
Amendment 12 #
2016/2274(INI)
Motion for a resolution
Recital D
Recital D
D. whereas standards are a necessary tool for the operation of the Single Marketa modern and flexible European standardisation system is a crucial component for an ambitious and renewed European industrial policy, and whereas ithey can enhance European competitiveness, growth and innovation, and support quality, businesses performance and the protection of consumers, workers and the environment;
Amendment 21 #
2016/2274(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas it is necessary to develop a strategic approach to ICT standardisation and review the current system in order for it to remain successful and respond to the needs of the forthcoming decade, thereby allowing the European Union to maintain a leading role in the global standardisation system;
Amendment 24 #
2016/2274(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the overreaching Commission standardisation package, which together with the ICT Standards Communication and the Joint Initiative on standardisation, aims at setting out a coherent European Standardisation System (ESS) with a view to preserving its many successful elements, improving its deficiencies and striking the right balance between the European, national and international dimensions; stresses that any review should build on the strengths of the existing system, which constitute a solid basis for improvement, refraining from any radical changes that would undermine the core values of the system;
Amendment 26 #
2016/2274(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Acknowledges the specificity and importance of the ESS to all stakeholders, including SMEs, consumers and workers, and calls on the Commission to ensure that the European system will continue to exist and that it maintains sufficient resources to fulfil the objectives of Regulation 1025/2012; which should, inter alia, ensure interoperability, legal certainty and the application of appropriate safeguards, while minimising additional burdens for business, risks for users and obstacles to the free movement of information technology;
Amendment 41 #
2016/2274(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. DeemsStresses that the review of the European standardisation system must contribute to European innovation and enhance the Union's competitiveness, strengthen its place in international trade and benefit the welfare of its citizens; deems therefore it important that European standards are promoted at a global level and that the Commission and Member States work in this direction, and pay more attention to the global role and relevance of standards, when getting involved in standardisation work;
Amendment 53 #
2016/2274(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Notes that Regulation 1025/2012 has improved the inclusiveness of the ESS, but regrets that there are still many practical barriers for SMEs, consumers, workers and environmental organisations to participate actively in the standardisation processstresses that SMEs, although they represent an essential part of the European market, are not adequately involved in the standardisation system and cannot, therefore, exploit entirely the benefits derived from standardisation; believes that it is essential to improve their representation and participation in the standardization system; asks the Commission to identify, through its impact assessment in the context of the revision of the European standardisation system, the best way to reach this aim, and calls on the Commission to address the challenges to further involvement;
Amendment 62 #
2016/2274(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Considers that the European ICT standardisation should be part of a European digital strategy to create economies of scale, budget savings and improved competitiveness for European companies, and to increase cross-sectoral and cross-border interoperability of goods and services through the faster definition, in an open and competitive way, of voluntary, market-driven and global standards that are easily implemented by SMEs;
Amendment 65 #
2016/2274(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Supports opentresses that open, voluntary, inclusive and consensus-oriented standardisation processes have been effective as a driver of innovation, interconnectivity and deployment of technologies, butand recalls that it is also important to ensure proper investment and expertise in, and the development of, cutting-edge technologies;
Amendment 71 #
2016/2274(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Stresses the imperative need to adapt ICT standardisation policy to market and policy developments, which will lead to achieving important European policy goals requiring interoperability, such as accessibility, security, e-business, e-government, e-health and transport, and will contribute to the development of standards;
Amendment 82 #
2016/2274(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Acknowledges the concerns, in particular as regards the IoT, about how standard essential patents (SEPs) are related to standards; stresses that unfair and unreasonable IPR policy creates barriers in the single market that can hinder the take-up of the digital single market and of new technologieimportance of maintaining a balanced standardisation framework and efficient licensing system for standard essential patents (SEPs), based on FRAND terms (fair, reasonable and non-discriminatory), in particular as regards the deployment of 5G and the Internet of Things; stresses that maintaining a balanced standardisation framework is essential to stimulate the development and take-up of new technologies and address the legitimate interests of both licensors and licensees of SEPs;
Amendment 156 #
2016/2274(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Calls on Member States to use European ICT standards in public procurement procedures in order to improve the quality of public services and foster innovative technologies; stresses, however, that the use of standards should not result in additional barriers, in particular for small businesses seeking to participate in public procurement procedures;
Amendment 157 #
2016/2274(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Calls on the Member States to try applying common standards and good practice with regard to digital administration, focusing in particular on judicial bodies and local authorities;
Amendment 2 #
2016/2273(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the digitisation of government should help to promote better exercise of citizenship, improved quality of life for citizens and the social and economic development of the regions;
Amendment 5 #
2016/2273(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas local government has a crucial role to play since it is closer to citizens;
Amendment 29 #
2016/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the idea of a single contact point which would allow citizens as well as businesses to obtain an overview of all relevant information through one single gateway; takes the view that the exchange of existing best practices in the various Member States that already use access portals for citizens should be promoted;
Amendment 67 #
2016/2273(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Stresses that the aim of digitising government and the resulting benefits in terms of the budget must not exclude European citizens from accessing basic services, whether owing to their lack of digital literacy or their geographical location;
Amendment 80 #
2016/2273(INI)
18a. Stresses that the role of state employees is crucial for the implementation, assessment and operation of public administrations, and emphasis should be placed on ensuring that they have the training and skills for the digital era;
Amendment 5 #
2016/2243(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Believes that innovation in the financial sector can create jobs and growth within the EU, and contribute towards a wider choice of services for consumers; calls on the Commission to identify the policy changes necessarynotes that FinTech companies have been pushing for increased oversight of their activities for years in order to reduce regulatory uncertainty, which hinders their development; and in this regard urges the Commission to come up with a clear and comprehensive FinTech agenda of legislative and non-legislative measures to be taken before the end of its term in order to enable the EU to reap the benefits of FinTech to the fullest;
Amendment 10 #
2016/2243(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Underlines that Fintech companies have the potential to directly benefit SMEs by extending the availability of credit and accelerating the loan process; urges the Commission to shape its legislative measures in a manner leaving sufficient flexibility for firms to operate and arrange finance for SMEs as well as stimulating partnerships between banks and Fintech companies in the area of SME lending;
Amendment 22 #
2016/2243(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that FinTech-related services can play a major role in the development of a future-proof European Digital Single Market, for example by making existing channels more cost- efficient and by, offering innovative payment solutions and increasing consumer trust in digital technologies; believes that the Commission should take a technology- neutral approach in its policy initiatives;
Amendment 30 #
2016/2243(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Acknowledges that Fintech companies vary significantly in their business operations and thus urges the Commission to refrain from one-size-fits- all measures and tailor its regulatory proposal to accommodate the different business models;
Amendment 35 #
2016/2243(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Underlines that the EBA’s guidelines on ‘strong payment authentication’ should take FinTech and e- commerce practices into account; asks the EBA to revise its suggestions in order to avert a negative effect on online services and ensure a level playing field encouraging financial innovation and improving competition between all market players; asks that risk-based security policies be taken into account.
Amendment 20 #
2016/2225(INI)
Motion for a resolution
Recital C
Recital C
C. whereas corporationbusiness, governments, academia and scientific community and organisations have taken advantagebenefited of such data sets and big data analytics to foster competitiveness, innovation, market prediction, targeted advertising, scientific research and policy making in the field of transportation, ‘smart cities’, financial services, law enforcement, transparency, public health and disaster response;
Amendment 30 #
2016/2225(INI)
Motion for a resolution
Recital D
Recital D
D. whereas big data has the potential to bring undeniable benefits and opportunities for citizens, academia and scientific community, businesses and governments, but also entails significant risks, namely with regard to the protection of fundamental rights as guaranteed by the EU Charter and Union law;
Amendment 43 #
2016/2225(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the pervasiveness of sensors, extensive routine data production and contemporary data-processing activities are characterised by a high degree of opacitynot always transparent enough;
Amendment 50 #
2016/2225(INI)
Motion for a resolution
Recital F
Recital F
F. whereas biased algorithms and other analytical tools, low quality of dataa low quality of these processes could lead to biased algorithms, spurious correlations, errors, the underestimation of legal, social and ethical implications and the marginalisation of the role of humans in these processes can trigger flawed decision-making procedures;
Amendment 67 #
2016/2225(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises that information revealed by big data analysis is only as reliable as the underlying data permits, and thatcompliance with the current data protection legislation, together with strong scientific and ethical standards are therefore needed for judgingwill ensure that the results of suchbig data analysis and its predictive algorithms contribute to establish trust and reliability of these solutions;
Amendment 77 #
2016/2225(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Stresses that the prospects and opportunities of big data can onlyto be fully enjoyed by citizens, corporationsbusiness, academia and scientific community, governments and institutions whenrequire public trust in these technologies is ensured by strong enforcement of fundamental rights and legal certainty for all actors involved;
Amendment 89 #
2016/2225(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that Union law for the protection of privacy and personal data, as well as the rights to equality and non- discrimination, are applicable to data processing even when that processing is preceded by pseudonymisation and anonymisation techniques, insofar as there are risks of re- identification, or, in any case, when use of non-personal data might impact on individuals’ private lives or other rights and freedoms;
Amendment 103 #
2016/2225(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Takes the view that transparency, fairness, accountability and control over personal data are core values through which specific rights and obligations are derived, and which should guide the action of corporationbusiness, public authorities and other actors that use data to frame their decision- making procedures; emphasises the need for much greater transparency with regard to data processing and analytics by businesses and compliance with the current data protection legislation;
Amendment 117 #
2016/2225(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights the fundamental role that the Commission, the European Data Protection Board, national data protection authorities and other independent supervisory authorities should play in the coming years and decades to promote legal certainty concerning concrete standards protecting fundamental rights and guarantees associated with the use of data processing and analytics;
Amendment 126 #
2016/2225(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Takes the viewRecalls that anonymisation techniques should comprise technical measures and contractual obligations which ensure non-re-identification; calls on corporations to regularly review such risks in light of new technologies and to document the appropriateness of measures adopted, allowing independent supervisory authorities to monitor practices and provide recommendationsis an irreversible process and cannot lead to re- identification; calls on the Commission and independent supervisory authorities to prepare guidelines on how to properly anonymise data;
Amendment 137 #
2016/2225(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges corporationbusiness and other data controllers to make use of instruments provided for by the GDPR, such as codes of conduct and certification schemes, to seek greater certainty over their specific obligations under Union law and to bring their practices and activities into compliance with the appropriate Union legal standards and safeguardsislation;
Amendment 151 #
2016/2225(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Acknowledges that data loss and theft, infection by malware, unauthorised access to data and unlawful surveillance are some of the most pressing risks associated with contemporary data processing activities, such as big data techniques; believes that tackling such threats requires genuine and concerted cooperation between the private sector, governments, law enforcement authorities and independent supervisory authorities; recognizes the added value of the technological development that will improve security;
Amendment 171 #
2016/2225(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Big data for scientific purposes Stresses that big data analytics can be beneficial for the scientific development and research; believes that development and use of big data analytics for scientific purposes has to be with due regard for the fundamental rights enshrined in the Charter of Fundamental Rights and in compliance with the current Union data protection legislation;
Amendment 188 #
2016/2225(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses, in particular, the importance of compliance with the Data Protection Directive1a, in particular regarding carrying out prior impact assessments that take account of ethical concerns in order to assess the inclusiveness, accuracy and quality of the data, and to ensure that individuals targeted by the decisions and/or actors involved in the decision-making processes are able to challenge the analysis, patterns and correlations and to prevent any harmful effects on certain groups of individuals; _________________ 1a 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
Amendment 201 #
2016/2225(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the absolute need to protect law enforcement databases from data loss and theft, infection by malware and unauthorised access to data by non- authorised persons; believes that tackling such concerns requires genuine, concerted cooperation between law enforcement authorities and independent supervisory authorities, in compliance with the current legislation;
Amendment 210 #
2016/2225(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Warns that, owing to the intrusivenessmpact of decisions and measures taken by law enforcement authorities in citizens’ lives and rights, maximum caution is necessary to avoid unlawful discrimination and the targeting of certain population groups, especially marginalised groups and ethnic and racial minorities;
Amendment 214 #
2016/2225(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Member States’ law enforcement authorities that make use of data analytics to uphold the highest legal standards of ethics in the analysis of data and to ensure human intervention and accountability throughout the different stages of decision-making, not only to assess the representativeness, accuracy and quality of the data, but also to assess the appropriateness of each decision to be taken on the basis of that information;
Amendment 3 #
2016/2145(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s European Cloud Initiative as part of the implementation of the Digital Single Market (DSM) Strategy and the Digitising European Industry Package, thus fostering the growth of the European digital economy and contributing to its global market positioning; recalls that a fully functioning digital single market would boost competitiveness and contribute around EUR 415 billion to the GDP of the EU-28;
Amendment 13 #
2016/2145(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Underlines that currently the value of collected research data is not fully exploited by the industry, especially SMEs, due to the lack of free cross-border data flow and access to a single platform or portal;
Amendment 54 #
2016/2145(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Urges the Commission to identify Big Data and coding training opportunities for the industry also in the scope of the New Skills Agenda and to identify incentives for stakeholders, in particular SMEs, to use, open and share data in the Single Market;
Amendment 77 #
2016/2145(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Urges the Commission to provide more clarity on the definitions used in the Communication and in particular to create clear distinction between the European Cloud Initiative and the European Open Science Cloud;
Amendment 79 #
2016/2145(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Supports the Commission initiative to increase the development and up-take of quantum super computers; Calls on the Commission to analyse possible partnerships with third countries regarding this matter;
Amendment 5 #
2016/2140(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regards to the Convention on the Rights of the Child, the General Comment no. 16 of the UN Committee on the Rights of Child,
Amendment 40 #
2016/2140(INI)
Motion for a resolution
Recital D
Recital D
D. whereas most human rights violations in the garment sector are labour- rights related and include the denial of workers fundamental right to join or form a union of their choosing and bargain collectively in good faith; whereas this has led to widespread labour rights violations ranging from poverty wages, wage theft, unsafe workplaces, physical and sexual harassment, to precarious work;
Amendment 67 #
2016/2140(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas children's rights are an integral part of human rights and ending child labour should remain an imperative; whereas the work of children requires specific regulations with regards to age, working time and types of work;
Amendment 111 #
2016/2140(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to present a legislative proposal on binding due diligence obligations for supply chains in the garment sector aligned with OECD guidelines and internationally agreed standards on human rights and social and environmental standards; this proposal should focus on the core problems garment workers face (occupational health and safety, a living wage, freedom of association, protection from sexual harassment and violence) and should address the following matters: key criteria for sustainable production, transparency and traceability, including collection of data and tools for consumer information, due diligence checks and auditing, access to remedy; gender equality, children's rights, supply-chain due diligence reporting; awareness raising; notes, however, with concern that a lot more needs to be done and urges the Commission to take further actions which have a direct impact on workers’ lives;
Amendment 127 #
2016/2140(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Encourages the EU and its Member States to promote, through policy dialogue and capacity building, the take-up and effective enforcement of international labour standards and human rights by partner countries based on ILO Conventions, in particular ILO Conventions 138 and 182, and recommendations; stresses in this context that respecting the right to join and form a union and engage in collective bargaining is a key criterion for business accountability;
Amendment 139 #
2016/2140(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to deliver on its objective to foster improvements in the ready-made garment sector, including through a strong gender and children focus; calls on the Commission to make gender equality and children's rights a central focus of its flagship legislative initiative;
Amendment 148 #
2016/2140(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to enhance codes of conduct, labels and fair trade schemes, and of ensuring alignment with international standards such as the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, the Children's Rights and Business Principles developed by UNICEF, the UN Global Compact and Save the Children, and the upcoming OECD due diligence guidance for the garment and footwear sector;
Amendment 2 #
2016/2062(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recognises the importance of the aviation sector as an engine for growth, employment and new business opportunities for the European economy, and its crucial role in the mobility of goods, people and services in the internal market;
Amendment 6 #
2016/2062(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recognises the importance of the aviation sector in the European aeronautics industry, a world leader in the production of civil aircraft that is responsible for more than 500 000 jobs in the EU;
Amendment 7 #
2016/2062(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Recognizes the benefits from the liberalisation of the air transport in the EU and creation of the single market for the air passenger services;
Amendment 11 #
2016/2062(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1d. Urges the Council to make a quick progress in the adoption process of the revised regulations on the air passenger rights1a; __________________ 1aProposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 261/2004 establishing common rules on compensation and assistance to passengers in the event of denied boarding and of cancellation or long delay of flights and Regulation (EC) No 2027/97 on air carrier liability in respect of the carriage of passengers and their baggage by air (COM(2013)0130 – C7- 0066/2013 – 2013/0072(COD))
Amendment 18 #
2016/2062(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. RegreHighlights that the public consultation undertaken in advance of the Aviation Strategy indicates that consumers still face challenges when booking air travel; calls on the Commission to report more fully on the progress made to bring travel websites into compliance with EU law, and its future plans for enforcement in this area;
Amendment 25 #
2016/2062(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Takes the view that firms providing services in the aviation sector should provide consumers with clear and comprehensive information that will not mislead consumers; takes the view that such information should be legible and written in comprehensible terms, without applying practices or contractual conditions that discriminate against consumers or create mistrust within the EU internal market, in particular in the area of online purchases;
Amendment 26 #
2016/2062(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Stresses that particular attention should be paid to the needs of vulnerable consumers as part of the strategy, with regard not just to accessibility, but also to access to information and protection of their rights;
Amendment 35 #
2016/2062(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Believes that the development of the new technologies and digital solutions could bring significant benefits, for instance making the security measures more efficient and consumer friendly, without lowering the safety standards;
Amendment 36 #
2016/2062(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Highlights the importance of a coordinated approach among Member States in areas related to the aviation sector, such as tourism, safety, consumer policy and the environment;
Amendment 40 #
2016/2062(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Takes the view that an aviation strategy for Europe should respect the principle of territorial cohesion; takes the view that particular attention should be given to the smallest airports, especially in the outermost and less populated regions where the growth in air routes and moderate airport taxes are vital for the local economy;
Amendment 43 #
2016/2062(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. While recognising the potential of the rapidly expanding use of the drones, having a passenger safety and security as a priority urges the Commission to put in place an adequate framework to ensure their safe use within the EU;
Amendment 50 #
2016/2062(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Highlights the need for air agents and operators to promote the 112 European emergency number on their websites and e-tickets;
Amendment 198 #
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 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 should be dealt with in accordance withe SIS legislation.
Amendment 545 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2 – introductory part
Article 18 – paragraph 2 – subparagraph 2 – introductory part
Amendment 568 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 1 – point a
Article 18 – paragraph 7 – subparagraph 1 – point a
Amendment 570 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 7 – subparagraph 2
Article 18 – paragraph 7 – subparagraph 2
Amendment 572 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
Amendment 573 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 7 b (new)
Article 18 – paragraph 7 b (new)
7b. The notification provided to the SIRENE Bureau of the Member State that issued the alert shall contain the following data: (a) surname(s), first name(s) and, if any, alias; (b) place and date of birth; (c) sex; (d) nationality(ies); (e) address of the first intended stay or, in case of transit, Member State of first intended transit entry; (f) travel authorization status information, indicating whether a travel authorisation has been issued, refused or whether the application is subject to a manual assessment pursuant to Article 22; (g) a reference to the hit(s)obtained, including the date and time of the hit.
Amendment 574 #
2016/0357A(COD)
Proposal for a regulation
Article 18 – paragraph 7 c (new)
Article 18 – paragraph 7 c (new)
7c. The ETIAS Central System shall add a reference to any hit obtained to the application file.
Amendment 579 #
2016/0357A(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Where the automated processing laid down in Article 18(2) to (5) reports a hit of a European Arrest Warrant, and without prejudice to the procedure laid down in paragraph 7a of article 18 and in Article 22, the travel authorization shall not be refused.
Amendment 775 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 1 a (new)
Article 30 – paragraph 1 a (new)
1a. The ETIAS National Unit of the responsible Member State may request, in accordance with the [SIS directive], that an alert for specific, [inquiry] or discreet check is created in SIS. Such alert may also be created upon the request of a consulted Member State.
Amendment 783 #
2016/0357A(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. A travel authorization shall not preclude any actions regarding an alert on the SIS.
Amendment 263 #
2016/0288(COD)
Proposal for a directive
Recital 256
Recital 256
(256) Member States should ensure that undertakings providing end-users with number-based interpersonal communications services provide reliable and accurate access to emergency services, taking into account national specifications and criteria and the capabilities of national PSAPs. Where the number-based interpersonal communications service is not provided over a connection which is managed to give a specified quality of service, the service provider might not be able to ensure that emergency calls made through their service are routed to the most appropriate PSAP with the same reliability. For such network-independent undertakings, namely undertakings which are not integrated with a public communications network provider, providing caller location information may not always be technically feasible. Member States should ensure that standards ensuring accurate and reliable routing and connection to the emergency services are implemented as soon as possible in order to allow network-independent providers of number-based interpersonal communications services to fulfil the obligations related to access to emergency services and caller location information provision at a level comparable to that required of other providers of such communications service. Where such standards and the related PSAP systems have not yet been implemented, network-independent number-based interpersonal communications services should not be required to provide access to emergency services except in a manner that is technically feasible or economically viable. As an example, this may include the designation by a Member State of a single, central PSAP for receiving emergency communications.
Amendment 524 #
2016/0288(COD)
Proposal for a directive
Article 92 – paragraph 1
Article 92 – paragraph 1
Providers of electronic communications networks or services shall not apply any discriminatory requirements or conditions of access or use to end-users based on the end-user's nationality or, place of residence or temporary location unless such differences are objectively justified.
Amendment 529 #
2016/0288(COD)
Proposal for a directive
Article 92 a (new)
Article 92 a (new)
Article 92a Intra-Union calls 1. Providers of publicly available number based interpersonal communication services shall not apply tariffs to intra-Union fixed and mobile communications services terminating in another Member State which are higher from tariffs for services terminating in the same Member State, unless it is justified by the difference in mobile termination rates. 2. Where providers of publicly available number based interpersonal communication services apply different tariffs to intra-Union fixed and mobile communications services terminating in another Member State than to services terminating in the same Member State, the surcharge shall not be higher than the difference between mobile termination rate of the Member State where the call is terminating and mobile termination rate of the Member State where call is originating.
Amendment 571 #
2016/0288(COD)
Proposal for a directive
Article 95 – paragraph 2 – indent 1
Article 95 – paragraph 2 – indent 1
- for publicly available interpersonal communications services only, any constraints on access to emergency services and/or caller location information due to a lack of technical feasibility;
Amendment 669 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 1
Article 102 – paragraph 1
1. Member States shall ensure that all end-users of the service referred to in paragraph 2, including users of public pay telephones, are able to access the emergency services and of private electronic communication networks, are able to access the emergency services, or, where applicable, the internal emergency services, through emergency communications free of charge and without having to use any means of payment, by using the single European emergency number ‘'112’' and any national emergency number specified by Member States.
Amendment 675 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 2
Article 102 – paragraph 2
2. Member States, in consultation with national regulatory authorities and, emergency services and providers of electronic communications services, shall ensure that undertakings providing end- users with number-based interpersonal communications service for originating communications to a number in a national telephone numbering plan provide access to emergency services through emergency communications to the most appropriate PSAP. In case of an appreciable threat to effective access to emergency services the oblig to the extent such emergency communications can reasonably be provided using location infor undertakings may be extended to all interpersonal communications services in accordance with the conditions and procedure set out in Article 59 (1) (c)mation that is available to number- based interpersonal communications service providers and in a manner that is consistent with the Member State's existing emergency calling infrastructure.
Amendment 681 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 3
Article 102 – paragraph 3
3. Member States shall ensure that all emergency communications to the single European emergency number ‘112’ are appropriately answered and handled in the manner best suited to the national organisation of emergency systems, considering the need to answer in a multilingual manner. Such emergency communications shall be answered and handled at least as expeditiously and effectively as emergency communications to the national emergency number or numbers, where these continue to be in use.
Amendment 687 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 3 – subparagraph 1 a (new)
Article 102 – paragraph 3 – subparagraph 1 a (new)
The Commission, in consultation with the relevant competent authorities, shall adopt a recommendation on performance indicators for Member States. Every two years, the Commission shall submit a report on the effectiveness of the implementation of the European emergency call number "112" and on the functioning of the performance indicators. The first such report shall be submitted to the European Parliament and the Council by 1 July 2019
Amendment 696 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 4 – subparagraph 1 a (new)
Article 102 – paragraph 4 – subparagraph 1 a (new)
Member States shall make sure that citizens and visitors are adequately informed on their mobile phone about the means for disabled end-users to reach the emergency services, especially when travelling to other countries.
Amendment 702 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 5
Article 102 – paragraph 5
5. Member States shall ensure that caller location information is available to the PSAP without delay after the emergency communication is set up. This shall include both network-based location information and if available, handset- derived caller location information. Member States shall ensure that the establishment and the transmission of the caller location information are free of charge for the end-user and to the authority handling the emergency communication with regard to all emergency communications to the single European emergency number ‘'112’'. Member States may extend that obligation to cover emergency communications to national emergency numbers. Competent regulatory authorities shall lay down criteria for the accuracy and reliability of the caller location information provided.
Amendment 709 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 6
Article 102 – paragraph 6
6. Member States shall ensure that citizens are adequately informed about the existence and use of the single European emergency number ‘112’, in particular through initiatives specifically targeting persons travelling between Member States. The Commission shall support and complement Member States' action.
Amendment 712 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 6 – subparagraph 1 a (new)
Article 102 – paragraph 6 – subparagraph 1 a (new)
That information shall be ensured for persons with disabilities in accessible formats and technologies appropriate to different kinds of disabilities, including sign languages, Braille, augmentative and alternative communication and other accessible means.
Amendment 719 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 a (new)
Article 102 – paragraph 7 a (new)
7a. The Commission shall maintain a database of E.164 numbers of European emergency services to ensure that they are able to contact each other from one Member State to another.
Amendment 723 #
2016/0288(COD)
Proposal for a directive
Article 102 – paragraph 7 b (new)
Article 102 – paragraph 7 b (new)
7b. Member States shall ensure, through the use of electronic communications networks, the establishment of an efficient 'Reverse- 112' communication system for warning and alerting citizens, in case of imminent or developing natural and/or man-made major emergencies and disasters, taking into account existing national and regional systems and without hindering privacy.
Amendment 839 #
2016/0224(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
The determining authority shall provide a minor withe opportunity of a personal interview, including where an application is made on his or her own behalf in accordance with Article 31(6) and Article 32(1), unless this is manifestly not in the best interests of the child. In that case, the determining authority shall give reasons for the decision not to provide a minor with the opportunity of a personal interview.
Amendment 852 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 1 – subparagraph 1
Article 22 – paragraph 1 – subparagraph 1
The responsible authorities shall, as soon as possible and not later than five working days from the moment when an unaccompanied minor makarrives ain applicationthe Member State, appoint a person or an organisation as a guardian.
Amendment 869 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 1
Article 22 – paragraph 5 – subparagraph 1
The responsible authorities shall not place a guardian in charge of a disproportionan adequate and limited number of unaccompanied minors at the same time, which would render him or her to ensure he or she is unable to perform his or her tasks effectively."
Amendment 871 #
2016/0224(COD)
Proposal for a regulation
Article 22 – paragraph 5 – subparagraph 2
Article 22 – paragraph 5 – subparagraph 2
Member States shall appoint entities or persons responsible for the performance of guardians' tasks and for supervising and monitoring at regular intervals that guardians perform their tasks in a satisfactory manner. Those entities or persons shall review complaints lodged by unaccompanied minors against their guardian. Unaccompanied minors shall be informed, in a child-friendly manner and in a language that they understand, about who these entities or persons are and which are the grievance mechanisms in place to report complaints against their guardians in confidence and safety.
Amendment 886 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Medical examinations may be used, as a measure of last resort, to determine the age of unaccompanied minors within the framework of the examination of an application where, following statements by the applicant or other relevant indications including a psychosocial assessment, there are grounds for serious doubts as to whether or not the applicant is under the age of 18 and other approaches, such as attempts to gather documentary evidence, and other age assessment procedures that Member States may have decided to undertake have failed to determine the age of the applicant. Where the result of the medical examination is not conclusive, or includes an age-range below 18 years, Member States shall assume that the applicant is a minor.
Amendment 901 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 3
Article 24 – paragraph 3
3. Any medical examination shall be performed with full respect for the individual’'s dignity, shall be the least invasive examination and shall be carried out by independent, trained and qualified medical professionals who are familiar with the applicant's ethnic and cultural background and in cooperation with a multi-disciplinary team with expertise in child rights, psychology and development, thereby allowing for the most reliable result possible.
Amendment 908 #
2016/0224(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. Where medical examinations are used to determine the age of unaccompanied minors, the determining authority shall ensure that unaccompanied minors are informed, prior to the examination of their application for international protection, and in a language that they understand or are reasonably meant to understandand a child-friendly and age appropriate manner, of the possibility that their age be determined by medical examination. This shall include information on the method of examination and possible consequences which the result of the medical examination may have for the examination of the application, as well as on the possibility and consequences of a refusal on the part of the unaccompanied minor, or of his or her guardian, to undergo the medical examination.
Amendment 1054 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 8
Article 31 – paragraph 8
8. Where the adult responsible for the accompanied minor does not make an application for himself or herself, the accompanied minor shall be clearly informed of the possibility and procedure for lodging an application in his or her own name at the time of the making of his or her application. and given an effective opportunity to do so within the ten working days provided for in Article 28(1) if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views
Amendment 1058 #
2016/0224(COD)
Proposal for a regulation
Article 31 – paragraph 9
Article 31 – paragraph 9
9. Where the adult responsible for the accompanied minor does not lodge an application on behalf of the minor within the ten working days provided for in Article 28(1), the minor shall be informed of the possibility and the procedure to lodge his or her application in his or her own name and given an effective opportunity to do so within a further ten working-day period starting from the expiry of the first ten working- day periomoment the minor is informed if he or she has the legal capacity to act in procedures according to the national law of the Member State concerned. Where the minor does not lodge his or her application in his or her own name within these further ten working days, the application shall be rejected as abandoned in accordance with the procedure referred to in Article 39. Where the minor does not have the legal capacity to act in procedures according to the national law of the Member State concerned, the determining authority shall act on behalf of the minor, with due regard to his or her views.
Amendment 1084 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 2 – point b
Article 33 – paragraph 2 – point b
(b) all relevant, accurate and up-to-date information relating to the situation prevailing in the country of origin of the applicant at the time of taking a decision on the application, including laws and regulations of the country of origin and the manner in which they are applied, as well as any other relevant information obtained from the European Union Agency for Asylum, from the United Nations High Commissioner for Refugees and relevant international human rights and child- focused organisations, or from other sources;
Amendment 1107 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 5 a (new)
Article 33 – paragraph 5 a (new)
5 a. The European Agency for Asylum shall be a centre for gathering relevant, reliable, objective, accurate and up-to date information on relevant third countries in a transparent and impartial manner, making use of relevant information, including child-specific and gender- specific information, as well as targeted information on persons belonging to vulnerable groups as provided in Articles 8 and 9 in the Regulation (EU) XXX/XXX (on the European Agency for Asylum).
Amendment 1108 #
2016/0224(COD)
Proposal for a regulation
Article 33 – paragraph 5 b (new)
Article 33 – paragraph 5 b (new)
5 b. The European Agency for Asylum shall regularly review the situation in third countries which are included in the common EU list of safe countries of origin established by Regulation (EU) No XXX/XXX [SCO/APR] or designated as safe third countries at Union level in accordance with Regulation (EU) No XXX/XXX [APR], including those that have been suspended by the Commission and those that have been removed from that list.
Amendment 1221 #
2016/0224(COD)
Proposal for a regulation
Article 39 – paragraph 5 a (new)
Article 39 – paragraph 5 a (new)
5a. The implicit withdrawal procedure shall not apply to minors.
Amendment 1384 #
2016/0224(COD)
Proposal for a regulation
Article 44 – paragraph 4
Article 44 – paragraph 4
4. As regards unaccompanied minors, the concept of first country of asylum may only be applieshall not apply, unless it is in his or her best interests and where the authorities of Member States have first received from the authorities of the third country in question the assurance that the unaccompanied minor will be taken in charge by those authorities and that he or she shall immediately benefit from one of the forms of protection referred to in paragraph 1.
Amendment 1432 #
2016/0224(COD)
Proposal for a regulation
Article 45 – paragraph 5
Article 45 – paragraph 5
5. As regards unaccompanied minors, the concept of safe third country may only be applied taking into consideration his or her best interests and where the authorities of the Member States have first received from the authorities of the third country in question confirmationassurance that the unaccompanied minor shall be taken in charge by those authoritieswill not face serious harm, discrimination or persecution and that he or she shall immediately have access to one of the forms of protection referred to in paragraph 1(e).
Amendment 1446 #
2016/0224(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. The assessment of whether a third country may be designated as a safe country of origin in accordance with this Regulation shall be based on a range of sources of information, including in particular information from Member States, the European Union Agency for Asylum, the European External Action Service, the United Nations High Commissioner for Refugees, the Council of Europe as well as other relevant organisations, including child-focused organisations, and shall take into account the common analysis of the country of origin information referred to in Article 10 of Regulation (EU) No XXX/XXX (EU Asylum Agency).
Amendment 1514 #
2016/0224(COD)
Proposal for a regulation
Article 53 – paragraph 1 – point b a (new)
Article 53 – paragraph 1 – point b a (new)
(b a) a decision establishing that they are over 18 years of age.
Amendment 123 #
2016/0223(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) For a well-functioning CEAS, including of the Dublin system, substantial progress should be made regarding the convergence of national asylum systems with special regard to differing recognition rates and type of protection status in the Member States. In addition, rules on status review should be strengthened to ensure that protection is only granted to those who need it and for so long as it continues to be needed. Moreover, divergent practices regarding the duration of the residence permits should be avoided, and the rights granted to beneficiaries of international protection should be further clarified and harmonised, taking into account the juridical differences between the refugee status and the subsidiary protection status.
Amendment 134 #
2016/0223(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The main objective of this Regulation is, on the one hand, to ensure that Member States apply common criteria for the identification of persons genuinely in need of international protection and, on the other hand, to ensure that a common set of rights is available for those persrefugees and beneficiaries of subsidiary protections in all Member States.
Amendment 186 #
2016/0223(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Internal protection against persecution or serious harm should be effectively available to the applicant in a part of the country of origin where he or she can safely and legally travel to, gain admittance to and can reasonably be expected to settle. The assessment of whether such internal protection exists should be an inherentmight form part of the assessment the application for international protection and should be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection should fall on the determining authority. However, the applicant should collaborate with the determining authority in order to establish whether the conditions for internal protection are satisfied in a part of his/her country of origin.
Amendment 189 #
2016/0223(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The assessment of the best interests of the child should be the primary consideration of the relevant authorities when assessing the conditions for internal protection in the case of minors.
Amendment 227 #
2016/0223(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) With a view to ascertaining whether beneficiaries of international protection are still in need of that protection, determining authorities should review the granted status when the residence permit has to be renewed, for the first time in the case of refugees, and for the first and second time in the case of beneficiaries of subsidiary protection, as well as when a significant relevant change in the beneficiaries' country of origin occurs as indicated by common analysis and guidance on the situation in the country of origin provided at Union level by the Agency and the European networks on country of origin information in accordance with Articles 8 and 10 of Regulation37 . _________________ 37 COM(2016)271 final.
Amendment 249 #
2016/0223(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to discourage secondary movements within the European Union, the Long Term Residence Directive 2003/109/EC should be amended to provide that the 5-year period after which beneficiaries of international protection are eligible for the Long Term Resident status should be restarted each time the person is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law. This should be without prejudice of the possibility for the beneficiary of international protection to provide the relevant authority with admissible justifications.
Amendment 346 #
2016/0223(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The determining authority shall consider it the duty of the applicant shallto submit all the elements available to him or her whichs soon as possible all the elements needed to substantiate the application for international protection. He or she shall cooperate with the determining authority andIn cooperation with the applicant, it is the duty of the determining authority to assess the relevant elements of the application. The applicant shall remain present and available throughout the procedure.
Amendment 413 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The assessment of the availability of internal protection shallmay be carried out once it has been established by the determining authority that the qualification criteria would otherwise apply. The burden of demonstrating the availability of internal protection shall rest on the determining authority. THowever, the applicant shall not be required to prove that, before seekingcollaborate with the determining authority in order to establish whether the conditions for international protection, he or she has exhausted all possibilities to obtain protection in his or are satisfied in a part of his/her country of origin.
Amendment 421 #
2016/0223(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
4a. Any decision not to provide international protection to a minor, whether accompanied or not, based on the availability of internal protection, shall be preceded by a formal best interests determination procedure. Where the applicant is an unaccompanied minor, the availability of appropriate care, custodial arrangements and durable solutions for his or her development should be part of the assessment of whether the protection is effectively guaranteed within the individuated area.
Amendment 502 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point e
Article 14 – paragraph 1 – point e
(e) he or she, having been convicted by a final judgment of a particularly serious crime with reference to offences listed in Article 2(2) of Framework Decision 2002/584/JHA, constitutes a danger to the community of the Member State in which he or she is present;
Amendment 519 #
2016/0223(COD)
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing refugee status pursuant to point (a) of paragraph 1 shall only take effect threone months after the decision is adopted, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 532 #
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 applicant;
Amendment 536 #
2016/0223(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point b
Article 15 – paragraph 1 – point b
Amendment 559 #
2016/0223(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Paragraph 1 shall not apply to a beneficiary of subsidiary protection status who is able to invokedemonstrate the existence of compelling reasons arising out of previous serious harm for refusing to avail himself or herself of the protection of the country of nationality or, being a stateless person, of the country of former habitual residence.
Amendment 590 #
2016/0223(COD)
Proposal for a regulation
Article 20 – paragraph 3
Article 20 – paragraph 3
3. Decisions of the determining authority revoking, ending or refusing to renewwithdrawing subsidiary protection status pursuant to paragraph 1 (a) shall only take effect threone months after the decision is taken, in order to provide the third-country national or stateless person with the opportunity to apply for residence in the Member State on other grounds in accordance with relevant Union and national law.
Amendment 601 #
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 applicant,
Amendment 604 #
2016/0223(COD)
Proposal for a regulation
Article 21 – paragraph b
Article 21 – paragraph b
Amendment 615 #
2016/0223(COD)
Proposal for a regulation
Article 22 – paragraph 5
Article 22 – paragraph 5
5. When applying the provisions of this Chapter that involve minors the best interests of the child shall be athe primary consideration to the relevant authorities.
Amendment 740 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 1 – subparagraph 1
Article 36 – paragraph 1 – subparagraph 1
Amendment 744 #
2016/0223(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
2. The appointed guardian shall have the duty of ensuring that the minor can access all rights stemming from this Regulation. The appropriatresponsible authorities shall regularly assess the performance of the appointed guardian within the first month after his/her appointment, and then regulardianly.
Amendment 783 #
2016/0223(COD)
Proposal for a regulation
Article 44 – paragraph 1
Article 44 – paragraph 1
Directive 2003/109/EU
Article 4 paragraph 3 a
Article 4 paragraph 3 a
3a. Where a beneficiary of international protection is found in a Member State, other than the one that granted international protection, without a right to stay or to reside there in accordance with relevant Union or national law, the period of legal stay preceding such a situation shall not be taken into account in the calculation of the period referred to in paragraph 1, unless he or she demonstrates that the reason for the movement was due to circumstances beyond his/her control.
Amendment 158 #
2016/0176(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) The aim should be to create a database of talented persons selected on account of recognition of their qualifications, their experience or the interest they have expressed in a particular sector. The database should be accessible to European businesses.
Amendment 162 #
2016/0176(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Beneficiaries of international protection as defined in Article 2(a) of Directive 2011/95/EU of the European Parliament and of the Council34 have a wide set of rights including labour market access in the Member State having granted them protection. In order to further promote social inclusion of these persons and enhance their labour market opportunities across the Union, those who are highly skilled should be entitled to apply for an EU Blue Card. They should be subject to the same rules as any other third- country national falling within the scope of this Directive, while holding the statuses of beneficiary of international protection and EU Blue Card holder in parallel. However, for reasons of legal clarity and coherence, the provisions on equal treatment and family reunification of this Directive should not apply to this group of EU Blue Card holders in the Member State which granted them international protection. Those rights should remain regulated under the asylum acquis and, where applicable, Council Directive 2003/86/EC35 . _________________ 34 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 (recast) (OJ L 337, 20.12.2011, p. 9). 35Council Directive 2003/86/EC of 22 September 2003 on the right to family reunification (OJ L 251, 3.10.2003, p. 12).
Amendment 172 #
2016/0176(COD)
Proposal for a directive
Recital 11
Recital 11
(11) This Directive should not apply to categories of third-country nationals to whom a particular scheme under Union law, with specific entry conditions and sets of rights, applies when the inclusion of those categories in this Directive would go against the rationale of the particular scheme, create unnecessary legal complexity or entail a risk of abuses. This Directive should not apply to third-country nationals who apply to reside in a Member State as researchers in order to carry out a research project, as they fall within the scope of Directive (EU) 2016/801 of the European Parliament and of the Council37 which introduces a specific procedure for admitting third-country nationals for the purposes of scientific research. However, once admitted under Directive (EU) 2016/801, legally residing researchers should be entitled to apply for an EU Blue Card under this Directive for other purposes than those covered under Directive (EU) 2016/801 without having to leave the territory of the EU. _________________ 37 Directive (EU) 2016/801 of the European Parliament and of the Council of 11 May 2016 on the conditions of entry and residence of third-country nationals for the purposes of research, studies, training, voluntary service, pupil exchange schemes or educational projects and au pairing (OJ L 132, 21.05.2016, p. 21).
Amendment 240 #
2016/0176(COD)
Proposal for a directive
Recital 34
Recital 34
(34) PEducational and professional qualifications and skills acquired by a third-country national in another Member State should be recognised in the same way as those of Union citizens. Qualifications acquired in a third country should be taken into account in accordance with Directive 2005/36/EC of the European Parliament and of the Council42 . Where a third- country national is applying for an EU Blue Card to practice an unregulated profession, Member States should avoid excessive formal requirements and full recognition procedures regarding qualifications, wherever sufficient evidence can be otherwise obtained. _________________ 42 Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
Amendment 248 #
2016/0176(COD)
Proposal for a directive
Recital 35
Recital 35
(35) The rights acquired by a beneficiary of international protection as an EU Blue Card holder should be without prejudice to rights enjoyed by the person concerned under Directive 2011/95/EU and under the Geneva Convention in the Member State which granted the protection status. In that Member State, in order to avoid situations of conflicting rules, the provisions on equal treatment and family reunification of this Directive should not apply. Persons who are beneficiaries of international protection in one Member State and EU Blue Card holders in another should enjoy the same rights including equality of treatment with nationals of the Member State of residence as any other EU Blue Card holders in the latter Member State. When the Blue card expires beneficiaries of international protection should not lose their status in accordance to Directive 2011/95/EU in the Member States which granted the protection status.
Amendment 260 #
2016/0176(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Existing legal uncertainty surrounding business trips of highly skilled workers should be addressed by defining this notion and setting a list of activities that in any case should be considered as business activities in all Member States. Second Member States should not be allowed to require from EU Blue Card holders engaging in business activities a work permit or any other authorisation than the EU Blue Card issued by the first Member State. Where the EU Blue Card is issued by a Member State not applying the Schengen acquis in full, its holder should be entitled to enter and stay in one or several second Member States for the purpose of business activity for up to 90 days in any 180-day period based on the EU Blue Card, in accordance with the rules laid down in this directive and the Schengen Borders Code.
Amendment 334 #
2016/0176(COD)
Proposal for a directive
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
4a. When transposing this Directive the Member States shall, where appropriate in consultation with the social partners, list those sectors of employment which face shortages of highly skilled workers. The Member States may modify that list, where appropriate in consultation with the social partners. The Member States shall inform the Commission of such modifications.
Amendment 399 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 2 – subparagraph 1
Article 6 – paragraph 2 – subparagraph 1
In circumstances where their labour market situation undergoes serious disturbances such aexperiences a high level of unemployment in a given occupation or sector, which may be limited to a particular part of their territory, Member States may check whether the concerned vacancy could not be filled by national or Union workforce, by third- country nationals lawfully resident in that Member State and already forming part of its labour market by virtue of Union or national law, or by EU long-term residents wishing to move to that Member State for highly skilled employment in accordance with Chapter III of Directive 2003/109/EC.
Amendment 407 #
2016/0176(COD)
Proposal for a directive
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. Member States mayshall reject an application for an EU Blue Card where:
Amendment 436 #
2016/0176(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point b a (new)
Article 7 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) where appropriate, where the third Country national has failed to meet its obligations regarding social security, taxation or labour law;
Amendment 443 #
2016/0176(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1 – point f
Article 7 – paragraph 2 – subparagraph 1 – point f
(f) where the third-country national fails to comply with the conditions of mobility under this Chapter or repetitively makes use of the mobility provisions of this Chapter in an abusive manner.
Amendment 472 #
2016/0176(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall determine whetherallow applications for an EU Blue Card are to be made by the third-country national or by the employer. Member States may also allow an application from either of the two.
Amendment 492 #
2016/0176(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
The level of fees required by Member States for the processing of applications in accordance with this Directive shall not be disproportionate or excessive in a way that would hinder the fulfilment of its objectives.
Amendment 495 #
2016/0176(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
Member States may decide toshall provide for recognition procedures for employers in accordance with their national law or administrative practice for the purpose of applying simplified procedures for obtaining an EU Blue Card.
Amendment 497 #
2016/0176(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
Amendment 499 #
2016/0176(COD)
Proposal for a directive
Article 12 – paragraph 1 – subparagraph 3
Article 12 – paragraph 1 – subparagraph 3
The recognition procedures shall not entail disproportionate or excessive administrative burden or costs for the employers, in particular for SMEs.
Amendment 599 #
2016/0176(COD)
Proposal for a directive
Article 21 – paragraph 7
Article 21 – paragraph 7
7. This Article shall apply to EU Blue Card holders who are beneficiaries of international protection onlyboth when they move to reside in a Member State other than the Member State which granted them international protection or if they stay in that Member State which granted international protection.
Amendment 612 #
2016/0176(COD)
Proposal for a directive
Article 22 – paragraph 7
Article 22 – paragraph 7
7. Where the EU Blue Card holder or his or her family members cross the external border of a Member State applying the Schengen acquis in full, that Member State shall consult the Schengen information systemrelevant databases, in particular the Schengen information system, in accordance with the Schengen Borders Code. That Member State shall refuse entry for persons for whom an alert for the purposes of refusing entry and stay has been issued in the Schengen information system.
Amendment 627 #
2016/0176(COD)
Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1
Article 24 – paragraph 1 – subparagraph 1
Annually, and for the first time by …52 at the latest, Member States shall, in accordance with Regulation (EC) No 862/200753, communicate to the Commission statistics on the numbers of third-country nationals who have been granted an EU Blue Card and on those whose application have been rejected, specifying those rejected in application of Article 6(2), as well as on the numbers of third-country nationals whose EU Blue Card has been renewed or withdrawn, during the previous calendar year. Those statistics shall be disaggregated by the citizenship, occupation, length of validity of the permits, sex and age of the applicants, area of activity and the economic sector. Those statistics for third- country nationals who have been granted an EU Blue Card shall be further disaggregated into beneficiaries of international protection, beneficiaries of the right to free movement and those who have acquired EU long-term resident status in accordance with Article 17. _________________ 52 Four years after the date of entry into force of this Directive. 53 Regulation (EC) No 862/2007 of the European Parliament and of the Council of 11 July 2007 on Community statistics on migration and international protection and repealing Council Regulation (EEC) No 311/76 on the compilation of statistics on foreign workers (OJ L 199, 31.7.2007, p. 23).
Amendment 202 #
2016/0152(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) In all those situations, the general conditions of access should comply with the laws and regulations of the Member State where the trader pursues his or her activities or to which he or she directs his or her activities. A trader need not ensure that the general conditions of access comply with the laws and regulations, or use the language, of the Member State of residence of a consumer to whom the trader does not intend to sell.
Amendment 220 #
2016/0152(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Directive 2015/2366/EU of the European Parliament and of the Council28 introduced strict security requirements for the initiation and processing of electronic payments, which reduced the risk of fraud for all new and more traditional means of payment, especially online payments. Payment service providers are obliged to apply so-called strong customer authentication, an authentication process that validates the identity of the user of a payment service or of the payment transaction. For remote transactions, such as online payments, the security requirements go even further, requiring a dynamic link to the amount of the transaction and the account of the payee, to further protect the user by minimising the risks in case of mistakes or fraudulent attacks. As a result of theose provisions, the risk of payment fraud in national and cross-border purchases ihas brought to an equal level and should not be used as an argument to refuse or discriminate any commercial transactions within the Union. een significantly reduced. However, in case of direct debits where the trader might not be able to assess a consumer's creditworthiness properly, or it would require entering into a new or modified contract with the payment solution providers, the trader should be allowed to request an advance payment via SEPA credit transfer before dispatching the goods or providing the service. Different treatment is therefore justifiable in situations where there are no other means available to the trader to verify the creditworthiness of the consumer. __________________ 28 Directive (EU) 2015/2366 of the European Parliament and of the Council of 25 November 2015 on payment services in the internal market, amending Directives 2002/65/EC, 2009/110/EC and 2013/36/EU and Regulation (EU) No 1093/2010, and repealing Directive 2007/64/EC (OJ L 337, 23.12.2015, p. 35– 127).
Amendment 60 #
2016/0149(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to improve the affordability of cross-border parcel delivery services, especially for users in remote or sparsely populated areas and for SMEs and micro-enterprises, it is necessary to improve the transparency of public lists of tariffs for a limited set of cross-border parcel delivery services offered by universal service providers, which are mostly used by small and medium-sized enterprises and individuals. Transparency of public lists is also necessary to address the issue of high tariffs of cross-border delivery services and to reduce, where applicable, unjustified tariff differences between national and cross-border parcel delivery services.
Amendment 61 #
2016/0149(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) In view of the fact that, according to Flash Eurobarometer 413, a majority of companies that sell, used to sell or tried to sell online considered high delivery costs together with expensive complaints process and guarantees to be a problem when selling online, further action is needed to ensure that all retailers and consumers, in particular small and micro enterprises and consumers in remote areas, fully benefit from seamless cross- border parcel delivery services, which are accessible and affordable, without ignoring that consumers have expectations to buy with "free delivery", like they stated in the answers to 2015 Public Consultation on Cross-Border Parcel Delivery.
Amendment 73 #
2016/0149(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Therefore, it is important to provide a clear definition of parcels and parcel delivery services and to specify which postal and parcel items are covered by thatose definitions. This concerns in particular postal itemsitems delivered or not by the Universal Service Provider, other than items of correspondence, which because of their weight are commonly used for sending goods and merchandise with or without commercial value. This Regulation should therefore cover, in line with consistent practice, postal itemsarcels, delivered or not by the Universal service provider, weighing up to 31.5 kg, as heavier items cannot be handled by a single average individual without mechanical aids. In line with the current practice and Directive 97/67/EC, each step inof the postal chain, i.e. clearance, sorting and delivery should be considered parcel delivery services including when provided by express and courier service providers, as well as consolidators. Providers of parcel delivery services using alternative business models and e-commerce platforms should also be subject to this Regulation, if they provide at least one of these steps in the postal delivery chain. Transport alone that is not undertaken in conjunction with one of those steps should fall outside the scope of parcel delivery services as it can in this case be assumed that this activity is part of the transportpostal sector.
Amendment 78 #
2016/0149(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Terminal rates are based on multilateral and bilateral agreements between unparcel deliversaly service providers and ensure that the destination unparcel deliversaly service provider is remunerated for the costs of the service provided to the originating unparcel deliversaly service provider. Terminal rates should be definconsidered in such a way that it includes both terminal dues, as defined in point 15 of Article 2 of Directive 97/67/EC that are applied for letter mail items and inward land rates that are applied to parcels, as well as the transfer costs between the subsidiaries of the parcel delivery services providers. Terminal rates are commercially sensitive business data.
Amendment 81 #
2016/0149(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) It is necessary that national regulatory authorities have knowledge and information for statistical purposes about parcel delivery service providers active on the market. However, in order to limit the administrative burden for small parcel delivery service providers who are only active on a national or regional market, a threshold should be applied, based on the number of persons working on average for the service provider and involved in the provision of parcel delivery services in the Member State in which the provider is established, unless that provider is established in more than one Member State.
Amendment 98 #
2016/0149(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) In order to ensure transparency across the Union, the analysis of a national regulatory authority should be submitted to the Commission and, upon justified request, to the national regulatory authorities of the otheraffected Member States and to the Commission. Confidentiality is toshould be ensured by the national regulatory authorities and the Commission. The Commission may also request the European Regulators Group for Postal Services to provide a Union-wide analysis on the basis of the national contributions, providing that confidentiality is ensured.
Amendment 101 #
2016/0149(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Universal service providers providing pParcel delivery service providers may conclude multilateral and bilateral agreements on terminal rates and may set up other programmes to facilitate the interconnectivity of their delivery networks. For reasons of non- discrimination, competing parcel delivery service providers shall be granted equal access to the terminal rates applicable between parties under multilateral agreements. It may be justified that terminal rates payable by third-party parcel delivery service providers, in some cases, exceed those payable by unparcel deliversaly service providers that are parties to such agreements. This may be the case where the parties to a multilateral agreement on terminal rates are able to demonstrate that the cost of setting up, operating and administering the agreement, the extra cost incurred by accepting and handling items from non-designatedthird-party parcel delivery service providers and other such costs are not covered by the terminal rates payable by the third-party service provider in the originating Member State. Whenever the parcel delivery service provider concludes multilateral agreements on terminal rates, equal and non-discriminatory third party access to certain cross-border parcel delivery services provided under such multilateral agreements should encourage competition, be cost-oriented, benefit consumers and result in a more efficient use of existing networks, particularly in rural and remote areas.
Amendment 107 #
2016/0149(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In practice and for operational reasons, the point at which access should be provided is the inward office of exchange, whichunless parties agree on an alternative point in the network. The inward office of exchange is an office or a facility determined by unparcel deliversaly service providers in the destination Member State for handing over incoming postal items other than items of correspondence.
Amendment 125 #
2016/0149(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) transparent and non-discriminatory access to certain cross-border parcel delivery services provided under multilateral agreements referred to in Article 6 of this regulation and/or infrastructure.
Amendment 134 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point -a (new)
Article 2 – paragraph 2 – point -a (new)
(-a) "parcel" means an item delivered by the Universal Service Provider or by other Parcel delivery service provider different from an item of correspondence, with or without commercial value, and with a weight not exceeding 31,5 kg;
Amendment 147 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) "terminal rates" means payments from the originating universal service provider toperformed being either terminal dues, inward land rates, or transfer prices by the parcel delivery services operator of the destorigination universal service providerng Member State to the parcel delivery operator of the destination Member State for the costs of distributing the cross- border parcel delivery serviceitems in the destination Member State.
Amendment 152 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c a (new)
Article 2 – paragraph 2 – point c a (new)
(c a) "terminal dues" means payments, from the originating universal service provider to the destination universal service provider for the costs of distributing cross-border items of correspondence delivered in the destination Member State;
Amendment 154 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c b (new)
Article 2 – paragraph 2 – point c b (new)
(c b) "inward land rates" means payments performed by the Universal service Provider of the originating Member State to the destination Universal Service Provider for the cost of distributing cross-border parcel delivery in the destination Member State;
Amendment 156 #
2016/0149(COD)
Proposal for a regulation
Article 2 – paragraph 2 – point c c (new)
Article 2 – paragraph 2 – point c c (new)
(c c) "transfer prices" means payments performed by a Parcel delivery service provider in the originating Member State to its subsidiaries in the destination Member State for the cost of distributing its parcels in the destination Member State.
Amendment 157 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
1. All parcel delivery service providers, including those parcel delivery services using alternative business models and e-commerce platforms, shall submit the following standardized information to the national regulatory authority of the Member State in which they are established unless the national regulatory authority has already requested and received such information:
Amendment 162 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) the nature of the services offered by the provida commercial description of the parcel delivery services offered by the provider including delivery options and information provided to the consumer;
Amendment 170 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – introductory part
Article 3 – paragraph 3 – introductory part
3. By 31 March of each calendar year, all parcel delivery service providers including those parcel delivery services using alternative business models and e- commerce platforms shall submit the following information to the national regulatory authority of the Member State in which they are established, unless the national regulatory authority has already requested and received such information: :
Amendment 179 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point b
Article 3 – paragraph 3 – point b
(b) the number of persons working for the provider and involved in the provision of parcel delivery services in the Member State in which the provider is established in the previous calendar yearover the previous calendar year which is to be calculated on the basis of the average annual number of full-time, part time, temporary employees and self- employed, as well as persons working for sub-contracting companies in clearance, sorting, transport or distribution of parcels and should include any person who, during the previous calendar year, has performed services related to any step of the value chain for and under the direction of a parcel services provider or its subsidiaries in return for which he receives remuneration;
Amendment 188 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c
Article 3 – paragraph 3 – point c
(c) the number of postal items other than items of correspondence and not exceeding 31,5 kg handled in the Member State in which the provider is established in the previous calendar year, broken down into national, incoming and outgoing cross- border postal items.arcels;
Amendment 190 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 3 – point c a (new)
Article 3 – paragraph 3 – point c a (new)
(c a) publicly available prices applicable for parcel delivery services over the previous calendar year.
Amendment 191 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission shall, by means of an implementing act, establish a form for the submission of the information referred to in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 9 adopt delegated acts in accordance with article 9.1 in order to supplement this Regulation by laying down a standardized form for the submission of the information referred to in paragraph 1 of this Article.
Amendment 201 #
2016/0149(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. AThis Article shall not apply to parcel delivery service provider which employss and their subsidiaries, with less than 5% of the national market share, which employed on average fewer than 250 persons shall not be subject to the obligations under paragraph 1 and 2, unless that provider is established in more than one Member Stateover the course of the previous calendar year. The number of persons shall be calculated on the basis of the average annual number of full-time, part-time, temporary employees and self-employed, as well as persons working for sub-contracting companies in parcel delivery services. A breakdown of the calculations shall be made available upon request.
Amendment 210 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. UnAll parcel deliversaly services providers providing parcel delivery servicand their subsidiaries shall provide the national regulatory authority of the Member State in whichere they are established with the public list of tariffs applicable oin 1 January of eachthe previous calendar year for the delivery of postal items falling within the categories listed in the Annex. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 218 #
2016/0149(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Universal service providers providingAll parcel delivery services providers shall provide the national regulatory authority of the Member State in which they are established with the terminal rates applicable oin 1 January of eachthe previous calendar year to postal items originating from other Member States. That information shall be provided by 31 January of each calendar year at the latest.
Amendment 274 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Whenever universaparcel service providers providing parcel delivery serviceswith more than 5% of the national market share or established in more than one Member State conclude multilateral agreements on terminal rates they shall meet all reasonable requests forthat are made by small and medium sized enterprises, defined in accordance with Commission recommendation 2003/361/EC and that concern access to all network elements and associated facilities as well as relevant services and information systems, necessary for the provision of cross-border parcel delivery services. Any refusal of access shall be justified in a clear and objective way, and notified to national regulatory authorities.
Amendment 277 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. UnParcel deliversaly service providers referred to in paragraph 1 shall publish a reference offer following a request by the SME seeking access. The reference offer shall contain all the relevant sales associated terms and conditions, including prices.
Amendment 280 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. UnParcel deliversaly service providers referred to in paragraph 1 shall upon request, and based on a reference offer, make an individual offer available to a parcel delivery service provider requestthe SMEs seeking access within the meaning of that paragraph at the latest one month after the receipt of the request. UnParcel deliversaly service providers receiving an access request and providers requesting access shall negotiate in good faith.
Amendment 282 #
2016/0149(COD)
Proposal for a regulation
Article 6 – paragraph 7
Article 6 – paragraph 7
7. When no agreement is reached on the basis of the individual offer referred to in paragraph 6, the parcel delivery service provider requestSME seeking access may submit the individual offer made by the unparcel deliversaly service provider to the national regulatory authority. If necessary, the national regulatory authority shall change the individual offer to give effect to the obligations laid down in this Article.
Amendment 290 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Before XX/XX31/01/2019, and thereafter every four years, the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the application of this Regulation accompanied where appropriate by a legislative proposal for its review.
Amendment 293 #
2016/0149(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) the extent to which transparent and non-discriminatory wholesale cross-border access as referred to in Article 6 has been granted by unparcel deliversaly service providers providing parcel delivery serviceowing more than the 5% of the national market share or established in more than one Member State and providing parcel delivery services; including as regards return shipments;
Amendment 212 #
2016/0148(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In the digital environment in particular, the competent authorities should be able to stop infringements quickly and effectively, notably where the trader selling goods or services conceals its identity or relocates within the Union or to a third country to avoid enforcement. In cases where there is a risk of serious and irreparable harm to consumers, the competent authorities should to be able to adopt interim measures to prevent such harm or reduce it, including, where necessary, the suspension of a website, domain or a similar digital site, service or account. FurthermorIn such a case, the competent authorities should also have the power to take down or have a third party service provider take down a website, domain or a similar digital site, service or account,
Amendment 216 #
2016/0148(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements, the rules on penalties which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers’ interests should also be applied to intra-Union infringements and widespread infringements. For those same reasons, consumers should be entitled to redress for harm caused by such infringements.
Amendment 218 #
2016/0148(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to ensure that traders are sufficiently deterred from committing or repeating infringements and that they will not profit from those infringements, the rules on penaltiesanctions which have been adopted by Member States in accordance with the requirements of Union laws that protect consumers’ interests should also be applied to intra-Union infringements and widespread infringements. For those same reasons, consumers should be entitled to redress for harm caused by such infringements.,
Amendment 220 #
2016/0148(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Consumers should be entitled under this Regulation and the national laws of Member States to redress for harm caused by intra-Union infringements.
Amendment 223 #
2016/0148(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) As regards consumer redress, the competent authorities should choose proportionate, just and reasonable measures that would prevent or reduce the risk of recurrence or repetition of infringements, taking into account in particular the anticipated benefits to consumers and the reasonable administrative costs likely to be associated with the implementation of those measures. Where the consumers concerned cannot be identified or where they cannot be identified without disproportionate cost to the trader responsible, the competent authority may order that the restitution of profits obtained through the infringement be paid to the public purse or to a beneficiary designated by the competent authority or under national legislation,
Amendment 227 #
2016/0148(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) The effectiveness and efficacy of the mutual assistance mechanism should be improved. Information requested should be provided in a timely manner and the necessary enforcement measures should be adopted in a timely manner. The Commission should therefore set binding time periods for competent authorities to reply to information and enforcement requests, and clarify procedural and other aspects of handling information and enforcement requests, bwithin the period laid down by this Regulation and the necessary enforcement measures should be adopted in a timely means of implementing measuresner,
Amendment 231 #
2016/0148(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In the context of widespread infringements and widespread infringement with a Union dimension, the rights of defence of the traders concerned should be respected. TWhile this requires, in particular, giving the trader the right to be heard and to use the language of its choice during the proceedings, it is also essential to ensure compliance with Union legislation on the protection of undisclosed know-how and business information,
Amendment 236 #
2016/0148(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Consumer organisations play an essential role in informing consumers about their rights and educating them and protecting their interests, including the settlement of disputes. Consumers should be encouraged to cooperate with the competent authorities to strengthen the application of this Regulation. Consumer organisations, in particular consumer organisations that may be delegated enforcement tasks under this Regulation and European Consumer Centres, shcould be in a position to notify competent authorities of suspected infringements and share information needed to detect, investigate and stop intra- Union infringements and widespread infringements with them,
Amendment 239 #
2016/0148(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to ensure uniform conditions for the implementation and exercise of the minimum powers of competent authorities, set time limits and set out other necessary details of procedures intended, in accordance with this Regulation, to address intra-Union infringements, widespread infringements and details of the surveillance mechanism and administrative cooperation among competent authorities, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council60 , _________________ 60 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission's exercise of implementing powers (OJ L 55, 28.2. 2011, p. 13-18).
Amendment 247 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 3 a (new)
Article 2 – paragraph 3 a (new)
3a. This Regulation shall be without prejudice to private compensation claims and actions for the enforcement thereof under national law.
Amendment 248 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. This Regulation shall be without prejudice to the application in the Member States of measures relating to judicial cooperation in criminal and civil matters, in particular the operation of the European Judicial Network, and to the application of legal instruments regarding judicial cooperation in criminal matters.
Amendment 249 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 6
Article 2 – paragraph 6
6. This Regulation shall be without prejudice to the role and powers of competent authorities and European Banking Authority under Directive 2014/17/EU of the European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property and Directive 2014/92/EU of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts. Chapter III of this Regulation shall not apply to intra-Union infringements of the two Directives referred to in the first subparagraph.
Amendment 250 #
2016/0148(COD)
Proposal for a regulation
Article 2 – paragraph 7
Article 2 – paragraph 7
Amendment 256 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) 'widespread infringement with a Union dimension' means a widespread infringement that harmed, harms or is likely to harm consumer's collective interests in a majority of Member States accounting together for at least a majority of the population of the Union.
Amendment 257 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c b (new)
Article 3 – paragraph 1 – point c b (new)
(cb) 'designated body' means a body that a Member State can designate and which has a legitimate interest in the cessation or prohibition of infringements of Union laws that protect consumers' interests;
Amendment 258 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) 'consumer' means any natural person who is acting for purposes which are outside his trade, business, craft or profession;
Amendment 259 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ‘consumer’ means any natural person who is acting for purposes which are outside that person’s trade, business, craft, or profession;
Amendment 261 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i a (new)
Article 3 – paragraph 1 – point i a (new)
(ia) 'risk of serious and irreparable harm to consumers' means the risk of a situation likely to cause serious damage which can no longer be remedied;
Amendment 262 #
2016/0148(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i b (new)
Article 3 – paragraph 1 – point i b (new)
(ib) 'sweep' means a concerted investigation of consumer markets;
Amendment 266 #
2016/0148(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The competent authorities may investigate infringements referred to in Article 2 and prohibit traders from engaging in such infringements in the future. The competent authorities may impose penalties for those infringements within five years from the cessation of the infringement.
Amendment 268 #
2016/0148(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
Amendment 271 #
2016/0148(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The limitation period for the imposition of penaltiesexercise of the powers referred to in paragraph 1 shall begin to run on the day on which the infringement ceased.
Amendment 276 #
2016/0148(COD)
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. Member States shall ensure that competent authorities and single liaison offices have the adequate resources necessary for the application of this Regulation and for the effective use of their powers pursuant to Article 8, including sufficient budgetary and other resources, expertise, procedures and other arrangements.
Amendment 278 #
2016/0148(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Each Member State may designate bodies having a legitimate interest in the cessation or prohibition of infringements ("impose an obligation on designated bodies") to gather the necessary information and to take the necessary enforcement measures available to them under national law on behalf of a requested competent authority.
Amendment 279 #
2016/0148(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. Member States shall ensure cooperation between the competent authorities and designated bodies, in particular to ensure that infringements referred to in Article 2(1) are brought to the attention of competent authorities without delay.
Amendment 281 #
Amendment 285 #
2016/0148(COD)
2. Each competent authorityIn order to carry out the duties assigned to them by this Regulation, the competent authorities of each Member State shall have at least the following powers and shall exercise them under the conditions set out in Article 9, to:
Amendment 288 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point b
Article 8 – paragraph 2 – point b
(b) subject to paragraph 2a, require the supply by any natural or legal person, including banks, internet service providers, domain registries and registrars and hosting service providers of any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose of among others identifying and following financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 292 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) without prejudice to limitations set out by national law, require any public authority, body or agency within the Member State of the competent authority to supply any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 293 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) require any public authority, body or agency within the Member State of the competent authority, through the single liaison office, to supply any relevant information, data or document in any format or form and irrespective of the medium on which or the place where they are stored, for the purpose, among others, of identifying and following of financial and data flows, or of ascertaining the identity of persons involved in financial and data flows, bank account information and ownership of websites;
Amendment 295 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) carry out the necessary on-site inspections, including in particular the power to enter any premises, land or means of transport that the trader uses for purposes related to his trade, business, craft, or profession, or to request other authorities to do so in order to examine, seize, take or obtain copies of information, data or documents, irrespective of the medium on which they are stored; to seal any premises or information, data or documents for a necessary period and to the extent necessary for the inspection; to request any representative or member of the staff of the trader concerned to give explanations on facts, information or documents relating to the subject matter of the inspection and to record the answers;
Amendment 298 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) subject to paragraphs 2a and 2b, carry out the necessary on-site inspections, including in particular the power to enter any premises, land or means of transport or to request other authorities to do so in order to examine, seize, take or obtain copies of information, data or documents, irrespective of the medium on which they are stored; to seal any premises or information, data or documents for a necessary period and to the extent necessary for the inspection; to request any representative or member of the staff of the trader concerned to give explanations on facts, information or documents relating to the subject matter of the inspection and to record the answers;
Amendment 301 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point d a (new)
Article 8 – paragraph 2 – point d a (new)
(da) require the trader concerned to give explanations or supply facts, information, or documents relating to the subject matter of the inspection and to record the answers given by that representative or staff member;
Amendment 308 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point g
Article 8 – paragraph 2 – point g
(g) adopt interim measures to prevent the risk of serious and irreparable harm to the collective interests of consumers, in particular the suspension of a website, domain or a similar digital site, service or account;
Amendment 311 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point h
Article 8 – paragraph 2 – point h
(h) start investigations or procedures to bring about the cessation or prohibition of intra-Union infringements or widespread infringements of its own initiative and where appropriate to publish information about this;
Amendment 315 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point i
Article 8 – paragraph 2 – point i
(i) obtainseek and accept a commitment from the trader responsible for the intra- Union infringement or widespread infringement to cease the infringement and where appropriate to compensate consumers for the harm caused;
Amendment 317 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point j
Article 8 – paragraph 2 – point j
(j) request in writing the cessation of the infringement by the trader or prohibit the infringement;
Amendment 318 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point k
Article 8 – paragraph 2 – point k
Amendment 326 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point l
Article 8 – paragraph 2 – point l
(l) close down a website, domain or similar digital site, service or account or a part of it, including by requesting a third party or other public authority to implement such measures, in order to prevent the risk of serious and irreparable harm to the collective interests of consumers;
Amendment 330 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point m
Article 8 – paragraph 2 – point m
(m) impose penaltiesanctions, including fines and penalty payments, for intra-Union infringements, widespread infringements and widespread infringements with a Union dimension, and for the failure to comply with any decision, order, interim measure, commitment or other measure adopted pursuant to this Regulation;
Amendment 338 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point o
Article 8 – paragraph 2 – point o
(o) order the restitution of profits obtained as a result of infringements, including an order that those profits are paid to the public purse or to a beneficiary designated by the competent authority or under national legislation;
Amendment 344 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point p
Article 8 – paragraph 2 – point p
(p) publish any final decisions, interim measures or orders, including the publication of the identity of the trader responsible for the intra-Union infringement or widespread infringement;
Amendment 347 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point q
Article 8 – paragraph 2 – point q
(q) consult consumers, consumer organisations, designated bodies, where applicable, and other persons concerned about the effectiveness of the proposed commitments in ceasing the infringement and removing the harm caused by it.
Amendment 348 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Where in accordance with national law prior authorisation to enter premises of natural and legal persons as referred to in point (d) of paragraph 2 is needed from the judicial authority of the Member State concerned, the power referred to in that point shall be exercised only after such prior authorisation has been obtained.
Amendment 350 #
2016/0148(COD)
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. When a decision is being made whether to impose a sanction and on the amount of the fine to be imposed in each individual case, due regard shall be given to the following: (a) the nature, gravity and duration of the infringement, taking into account the number of consumers affected and the level of damage suffered by them; (b) the intentional or negligent character of the infringement; (c) any action taken by the trader to mitigate the damage suffered by consumers; (d) any relevant previous infringements committed by the trader; (f) the degree to which the trader has cooperated with the competent authority in order to remedy the infringement and mitigate the possible adverse effects of the infringement.
Amendment 355 #
2016/0148(COD)
Proposal for a regulation
Article 9 – paragraph 1 – introductory part
Article 9 – paragraph 1 – introductory part
1. The competent authorities shall exercise the powers set out in Article 8 in a proportionate, efficient and effective manner and in accordance with this Regulation, Union and national law either:
Amendment 358 #
2016/0148(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) directly under their own authority; or
Amendment 360 #
2016/0148(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a a (new)
Article 9 – paragraph 1 – point a a (new)
(aa) with the assistance of other public authorities; or
Amendment 370 #
2016/0148(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 374 #
2016/0148(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. A requested authority shall, on request from an applicant authority, supply to the latter, within 30 days, any relevant information required to establish whether an intra-Union infringement has occurred and to bring about the cessation of that infringement. The requested authority shall notify the Commission without delay of the request for information and of its reply.
Amendment 379 #
2016/0148(COD)
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
Amendment 383 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 385 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 3 – point c
Article 12 – paragraph 3 – point c
(c) which penaltiesanctions have been imposed;
Amendment 386 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The requested authority shall reply to the request using the procedures for requests for enforcement measures and within the time limits set out by the Commission in the implementing actappropriate time limits.
Amendment 389 #
2016/0148(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 398 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 1 – point c
Article 15 – paragraph 1 – point c
(c) criminal investigations or judicial proceedings have already been initiated or final judgment has already been givthere is an administrative decision, a judgment or a court settlement in respect of the same intra-Union infringement and against the same trader before the judicial authorities in the Member State of the requested or applicant authority.
Amendment 399 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 1
Article 15 – paragraph 2 – point c – paragraph 1
(c) in its opinion, the applicant authority has not provided sufficient information in accordance with Article 124(1),
Amendment 402 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 2 – point c – paragraph 2
Article 15 – paragraph 2 – point c – paragraph 2
A request for enforcement measures cannot be refused on the ground that insufficient information has been provided if a request for information on the same intra-Union infringement was previously refused on the grounds that criminal investigations or judicial proceedings have already been initiated or final judgment has already been given in respect of the same intra-Union infringement and against the same trader, as referred to in paragraph (1)1(c).
Amendment 404 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 4
Article 15 – paragraph 4
4. In the event of a disagreement between the applicant and the requested authority, the applicant authority or the requested authority shall without delmay refer the matter to the Commission which shall issue an opinion. Where the matter is not referred to it, the Commission may of its own motion issue an opinion.
Amendment 409 #
2016/0148(COD)
Proposal for a regulation
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 412 #
2016/0148(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Where the Commission has a reasonable suspicion that a widespread infringement is taking place, it shall without delay notify the competent authorities concerned by the widespread infringement.
Amendment 415 #
2016/0148(COD)
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The competent authorities concerned may invite the Commission to take up the coordination role. The Commission shall inform the competent authorities concerned without delay whether it accepts the coordination role. If, however, that request is made by a majority of Members States accounting together for at least a majority of the population of the Union, the Commission shall not refuse the coordination role.
Amendment 420 #
2016/0148(COD)
Proposal for a regulation
Article 16 – paragraph 6 a (new)
Article 16 – paragraph 6 a (new)
6a. A competent authority may join in the coordinated action if, during the course of the coordinated action, it becomes apparent that it is concerned by the widespread infringement.
Amendment 421 #
2016/0148(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The competent authorities concerned shall ensure that the necessary evidence, data and information are gathered effectively and efficiently. The competent authorities concerned shall ensure that investigations and inspections are conducted simultaneously and that interim measures are applied simultaneously to the extent that national procedural law so allows.
Amendment 423 #
2016/0148(COD)
Proposal for a regulation
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
Amendment 426 #
2016/0148(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
4. Where appropriate and without prejudice to the rules on professional and commercial secrecy set out in Article 41, the competent authorities concerned may decide to publish the common position or parts of it on their websites and on the Commission website and seek the views of other parties concerned.
Amendment 429 #
2016/0148(COD)
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. Where the trader proposes commitments, the competent authorities concerned, may, where appropriate, publish the proposed commitments on their websites or, as appropriate, on the Commission website to seek the views of other parties concerned and to verify whether the commitments are sufficient to ceaseguarantee the cessation of the infringement and to compensate consumers harmed by it.
Amendment 435 #
2016/0148(COD)
Proposal for a regulation
Article 19 – title
Article 19 – title
Amendment 436 #
2016/0148(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
The coordinating authorityor shall inform the Commission and competent authorities of the Member States concerned without delay when the widespread infringement has ceased or has been prohibited.
Amendment 440 #
2016/0148(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where there is a reasonable suspicion that a widespread infringement harmed, harms or is likely to harm consumers in at least three quarters of the Member States accounting together for at least three quarters of the population of the Union ("widespread infringement with a Union dimension"), the Commission shall launch a common actwith a Union dimension is taking place, the Commission shall launch and coordinate a common action by adopting a decision. For that purpose the Commission may request the necessary information or documents from the competent authorities.
Amendment 445 #
2016/0148(COD)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
Amendment 446 #
2016/0148(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2a. The common position shall be communicated to the trader responsible for the infringement, who shall have the right to be heard.
Amendment 454 #
2016/0148(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
Amendment 455 #
2016/0148(COD)
Proposal for a regulation
Article 29 – paragraph 1 – point b
Article 29 – paragraph 1 – point b
(b) coordinate and monitor the investigations, the inspections and the adoption of interim measures that are decided upon by the competent authorities concerned in accordance with sections I and II, monitor investigations, inspections and interim measures, as well as other measures, pursuant to Article 8;
Amendment 458 #
2016/0148(COD)
Proposal for a regulation
Article 30 – paragraph 3
Article 30 – paragraph 3
3. The languages used by the competent authorities and the Commission for notifications and for all communications linked to the coordinated actions, common actions and concerted investigations of consumer marketsweeps pursuant to this Chapter shall be agreed upon by the competent authorities concerned and the Commission.
Amendment 459 #
2016/0148(COD)
Proposal for a regulation
Article 31 – title
Article 31 – title
Amendment 461 #
2016/0148(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
Amendment 462 #
2016/0148(COD)
Proposal for a regulation
Article 31 – paragraph 2
Article 31 – paragraph 2
2. TFor the procedures set out in this Chapter, the trader shall be entitled to communicate in the official language of the Member State of its establishment or residence. The trader may waive that right or request that another official language of the Union be used for communicating with the competent authorities.
Amendment 465 #
2016/0148(COD)
Amendment 467 #
2016/0148(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. Where market trends, consumer complaints or other indications suggest that widespread infringements may have occurred, occur or may occur, the competent authorities concerned may decide to conduct a concerted investigation of consumer markets ("sweep"). Such a concerted investigationsweep shall be coordinated by the Commission.
Amendment 468 #
2016/0148(COD)
Proposal for a regulation
Article 32 – paragraph 2
Article 32 – paragraph 2
2. When conducting concerted investigationsweeps, the competent authorities concernedparticipating therein shall make effective use of the powers set out in Article 8 and other powers conferred upon them by national law.
Amendment 469 #
2016/0148(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. The competent authorities may invite Commission officials, designated bodies, and other accompanying persons authorised by the Commission, when appropriate, to participate in sweeps.
Amendment 473 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. A competent authority shall without delay notify the Commission and other competent authorities of any reasonable suspicion that an intra-Union infringement or a widespread infringement is taking place on its territory that may affect consumers' interests in other Member States ('alert') using the standard form via the database referred to in Article 43.
Amendment 474 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. The Commission shall without delay notify the competent authorities concerned of any reasonable suspicion that an intra-Union infringement or a widespread infringement has occurred on the Union's territory ('alert') via the database referred to in Article 43.
Amendment 475 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 3 – point i
Article 34 – paragraph 3 – point i
Amendment 476 #
2016/0148(COD)
Proposal for a regulation
Article 34 – paragraph 4
Article 34 – paragraph 4
4. In an alert 'for action', the competent authority or the Commission may ask other competent authorities and the Commission to verify whether similar suspected infringements may bare taking place in the territory of other Member States or whether any enforcement measures have already been taken against such infringements in other Member States.
Amendment 479 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. Designated bodies and European Consumer Centres shall participate in the alert mechanism set out in Article 34. Member States shall designateas well as consumer organisations and associations, and other entities such as trader associations, with having the appropriate expertise and legitimate interest in consumer protection that shall participate in the alert mechanismand designated by Member States, may notify competent authorities of the Member State concerned and the Commission of suspected infringements and provide the information set out in Article 34(3) using the standard form for external notifications provided by the database referred to in Article 43 ('external alert'). Member States shall notify the Commission of those entities without delay.
Amendment 482 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 3
Article 35 – paragraph 3
Amendment 484 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 4
Article 35 – paragraph 4
4. The external alerts shall only be 'for information'. The competent authorities shall not be bound to initiate a procedure or take any other action in response to the alerts and information provided by those entitiesexternal alert. Entities making external alerts shall ensure that the information provided is correct, up to date and accurate and shall correct the information posted without delay or withdraw it as appropriate. For that purpose, they shall have access to the information they have provided, subject to the limitations referred to in Articles 41 and 43.
Amendment 487 #
2016/0148(COD)
Proposal for a regulation
Article 35 – paragraph 5
Article 35 – paragraph 5
Amendment 492 #
2016/0148(COD)
Proposal for a regulation
Article 36 – paragraph 2
Article 36 – paragraph 2
Amendment 493 #
2016/0148(COD)
Proposal for a regulation
Article 37 – paragraph 1 – point a
Article 37 – paragraph 1 – point a
Amendment 500 #
2016/0148(COD)
Proposal for a regulation
Article 37 – paragraph 4
Article 37 – paragraph 4
Amendment 504 #
2016/0148(COD)
Proposal for a regulation
Article 39 – paragraph 3
Article 39 – paragraph 3
Amendment 506 #
2016/0148(COD)
Proposal for a regulation
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Information collected pursuant to Article 8 which isby or communicated to the competent authorities and the Commission shall only be used for the purposes of ensuring compliance with the Union laws that protect consumers' interests.
Amendment 514 #
2016/0148(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. Evidence, documents, information, explanations and investigation findings made by a competent authority in one Member State in accordance with Article 8 may be used for proceedings initiated in application of this Regulation by competent authorities in other Member States without further formal requirements.
Amendment 516 #
2016/0148(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Information provided by other authorities, entities referred to in Article 35 and designated bodies shall be stored and processed in the electronic database but those authorities, entities and designated bodies shall not have access to thisat database.
Amendment 517 #
2016/0148(COD)
Proposal for a regulation
Article 43 – paragraph 2 a (new)
Article 43 – paragraph 2 a (new)
2a. Where a competent authority, a designated body or another entity as referred to in Article 35 establishes that a notification of an infringement given by it pursuant to Articles 34 and 35 has subsequently proved to be unfounded, it shall withdraw that notification. The Commission shall without delay remove the relevant information from the database, and shall inform the parties of the reasons for that removal.
Amendment 521 #
2016/0148(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point a
Article 45 – paragraph 1 – point a
(a) information concerning market trends that may affect consumers' interests in their Member State, thus highlighting issues that may be likely to exist in other Member States;
Amendment 522 #
2016/0148(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point f
Article 45 – paragraph 1 – point f
Amendment 524 #
2016/0148(COD)
Proposal for a regulation
Article 46
Article 46
Amendment 529 #
2016/0148(COD)
Proposal for a regulation
Article 48 a (new)
Article 48 a (new)
Article 48a Data protection With regard to the processing of personal data within the framework of this Regulation, competent authorities shall carry out their tasks pursuant to this Regulation in accordance with Regulation (EU) 2016/679.
Amendment 532 #
2016/0148(COD)
Proposal for a regulation
Article 51
Article 51
Amendment of the Annex to Regulation In the Annex to Regulation (EU) No 2006/2004 the following points are added: ‘18. "18. Directive 2011/83/EU of the European Parliament and of the Council of 25 October 2011 on consumer rights (OJ L 304, 22.11.2011, p.64). 19. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the internal market: Article 20 (OJ L 376, 27.12. 2006, p. 36). 20. the European Parliament and of the Council of 23 October 2007 on railway passenger rights and obligrticle 51 deleted (EU) No 2006/2004 Regulation (EC) No 1371/2007 of Regulations (OJ L 315, 3.12.2007, p. 14). 21. the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJ L 204, 26.7.2006, p. 1). 22. the European Parliament and of the Council of 24 September 2008 on common rules for the operation of air services in the Community: Articles 22, 23 and 24 (OJ L 293, 31.10.2008, p. 3). 23. European Parliament and of the Council of 4 February 2014 on credit agreements for consumers relating to residential immovable property: Articles 10, 11, 13, 14, 15, 16, 17, 18, 21, 22, 23, Chapter 10 and Annexes I and II (OJ L 60, 28.2.2014, p. 34). 24. European Parliament and of the Council of 23 July 2014 on the comparability of fees related to payment accounts, payment account switching and access to payment accounts with basic features, Articles 4 to 18 and 20(2) (OJ L 257, 28.8.2014, p. 214)."EC) No 1107/2006 of Regulation (EC) No 1008/2008 of Directive 2014/17/EU of the Directive 2014/92/EU of the
Amendment 534 #
2016/0148(COD)
Proposal for a regulation
Article 53 – paragraph 3
Article 53 – paragraph 3
Amendment 535 #
2016/0148(COD)
Proposal for a regulation
Annex I – point 24 a (new)
Annex I – point 24 a (new)
24a. Regulation (EU) XXXX/XX of the European Parliament and of the Council on addressing geo-blocking and other forms of discrimination based on customers' nationality, place of residence or place of establishment within the internal market and amending Regulation (EC) No 2006/2004 and Directive 2009/22/EC.
Amendment 159 #
2016/0133(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) In order to ensure full respect for the principle of family unity and for the best interests of the child, the existence of a relationship of dependency between an applicant and his or her child, sibling or parent on account of the applicant’'s pregnancy or maternity, state of health or old age, should become a binding responsibility criterion. When the applicant is an unaccompanied minor, the presence of a family member or relative on the territory of another Member State who can take care of him or her should also become a binding responsibility criterion, if this is in their best interests. In order to discourage secondary movements and unnecessary transfers of unaccompanied minors, which are not in their best interests, in the absence of a family member or a relative legally present in the territory of a Member State, the Member State responsible should be that wherein which the unaccompanied minor first has lodged his or her application for international protection, unless it is demonstrated that this would not beis present, provided that this is in the best interests of the childminor. Before transferring an unaccompanied minor to another Member State, the transferring Member State should make sure that that Member State will take all necessary and appropriate measures to ensure the adequate protection of the child, and in particular the prompt appointment of a representative or representativesguardian tasked with safeguarding respect for all the rights to which they are entitled. Any decision to transfer an unaccompanied minor should be preceded by an multidisciplinary assessment of his/her best interests by staff with the necessary qualifications and expertise, which shall involve his or her guardian and legal advisor or counsellor.
Amendment 175 #
2016/0133(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order to ensure that the aims of this Regulation are achieved and obstacles to its application are prevented, in particular in order to avoid absconding and secondary movements between Member States, it is necessary to establish clear obligations to be complied with by the applicant in the context of the procedure, of which he or she should be duly informed in a timely manner. Violation of those legal obligations should lead to appropriate and proportionate procedural consequences for the applicant and to appropriate and proportionate consequences in terms of some of his or her reception conditions. In line with the Charter of Fundamental Rights of the European Union, the Member State where such an applicant is present should in any case ensure that the immediate material needs of that person are covered.
Amendment 180 #
2016/0133(COD)
Proposal for a regulation
Recital 22 a (new)
Recital 22 a (new)
(22a) In order to reduce the administrative requirements and make effective use of common resources the European Union Agency for Asylum should develop suitable information material on the CEAS, in close cooperation with the national authorities. The information material developed by the Agency should be translated and made available in languages which the asylum seekers understand or are reasonably supposed to understand. In order to avoid that information on the functioning of the CEAS are improperly used, they should be provided just to asylum seekers, once they have already reached the territory of the Union.
Amendment 207 #
2016/0133(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Proper registration of all asylum applications in the EU under a unique application number should help detect multiple applications and prevent irregular secondary movements and asylum shopping. An automated system should be established for the purpose of facilitating the application of this Regulation. It should enable registration of asylum applications lodged in the EU, effective monitoring of the share of applications of each Member State and a correct application of the corrective allocation mechanism. The national competent authorities of the Member State should be entitled to consult the information linked to the unique application number for security reasons.
Amendment 226 #
2016/0133(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A key based on the size of the population and of the economy of the Member States, on their level of unemployment, on their expenditure linked to migration and on the number of beneficiaries of international protection who are in their territory should be applied as a point of reference in the operation of the corrective allocation mechanism in conjunction with a threshold, so as to enable the mechanism to function as a means of assisting Member States under disproportionate pressure. The application of the corrective allocation for the benefit of a Member State should be triggered automatically where the number of applications for international protection for which a Member State is responsible exceeds 1500% of the figure identified in the reference key. In order to comprehensively reflect the efforts of each Member State, the number of persons effectively resettled to that Member State should be added to the number of applications for international protection for the purposes of this calculation.
Amendment 232 #
2016/0133(COD)
Proposal for a regulation
Recital 32 a (new)
Recital 32 a (new)
(32a) In order to ensure that Member States that have not in recent years been among the main destination countries for applicants for international protection have sufficient time to build up their reception capacity, the corrective allocation mechanism should enable a gradual transition from the current situation to a situation with a more fair distribution of responsibilities under the corrective allocation mechanism. The transitional system should create a baseline key based on the average relative numbers of historically lodged applications for international protection in Member States and then transition from this "status quo" model towards a fair distribution by calculating the reference number for each Member State during the transitional period on the basis of a combination between the baseline key and the reference key referred to in Article 35.
Amendment 241 #
2016/0133(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33a) It would be an asset to ensure that applicants who wish to be transferred together can register and be transferred under the corrective allocation mechanism as a group to one Member State. In order to allow for the smooth and practical application the relocation system should be based on transfer lists of 15 applicants per list.
Amendment 260 #
2016/0133(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In accordance with Commission Regulation (EC) No 1560/200322 , transfers to the Member State responsible for examining an application for international protection may be carried out on a voluntary basis, by supervised departure or under escort. Member States should promote voluntary transfers by providing adequate information to the applicant and should ensure that supervised or escorted transfers are undertaken in a humane manner, in full compliance with fundamental rights and respect for human dignity, as well as the best interests of the child and taking utmost account of developments in the relevant case law, in particular as regards transfers on humanitarian grounds. The European Union Agency for Asylum should play a key role in guaranteeing that transfers are duly carried out, especially when they are on a voluntary basis. _________________ 22 OJ L 222, 5.9.2003, p. 3.
Amendment 307 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2
Article 2 – paragraph 1 – point g – indent 2
- the unmarried minor children of couples referred to in the first indent or of the applicant, on condition that they are unmarried and regardless of whether they were born in or out of wedlock or adopted as defined under national law,
Amendment 308 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 2 a (new)
Article 2 – paragraph 1 – point g – indent 2 a (new)
- the dependent married minor children of couples referred to in the first indent or of the applicant, regardless of whether they were born in or out of wedlock or adopted as defined under national law;
Amendment 314 #
2016/0133(COD)
- when the applicant is a minor and married, the father or mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 319 #
2016/0133(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – indent 4 a (new)
Article 2 – paragraph 1 – point g – indent 4 a (new)
- when the beneficiary of international protection is a minor and married, the father, mother or another adult responsible for him or her whether by law or by the practice of the Member State where the beneficiary is present, on condition that the minor is dependent on the father, mother or other responsible adult;
Amendment 357 #
2016/0133(COD)
Proposal for a regulation
Article 3 – paragraph 2 – subparagraph 1
Article 3 – paragraph 2 – subparagraph 1
Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, the first Member State in which the application for international protection was lodged shall be responsible for examining it. This provision shall not be applied in those cases in which the first Member State where the application for international protection was lodged is a benefitting State in accordance to Article 34.
Amendment 419 #
2016/0133(COD)
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 19 of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present. This paragraph shall not apply to minors and families with children.
Amendment 421 #
2016/0133(COD)
3. The applicant shall not be entitled to the reception conditions set out in Articles 14 to 196(6) of Directive 2013/33/EU, with the exception of emergency health care, during the procedures under this Regulation in any Member State other than the one in which he or she is required to be present.
Amendment 452 #
2016/0133(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point e
Article 6 – paragraph 1 – point e
(e) of the possibility to challenge a transfer decision within 710 days after notification and of the fact that this challenge shall be limited to an assessment of whether Articles 3(2) in relation to the existence of a risk of inhuman or degrading treatment or Articles 10 to 13 and 18 are infringed upon ;
Amendment 485 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate and, when the applicant is a minor, in a child-friendly manner. Where necessary, Member States shall have recourse to an interpreter who is able to ensure appropriate communication between the applicant and the person conducting the personal interview.
Amendment 491 #
2016/0133(COD)
Proposal for a regulation
Article 7 – paragraph 5
Article 7 – paragraph 5
5. The Member State conducting the personal interview shall make a written summary thereof which shall contain at least the main information supplied by the applicant at the interview. The information provided in the summary shall be verified with the applicant and, where relevant, the guardian and/or legal advisor or counsellor, during the interview. This summary may either take the form of a report or a standard form. The Member State shall ensure that the applicant and/or the guardian, the legal advisor or other counsellor who is representing the applicant have timely access to the summary as soon as possible after the interview, and in any case before a transfer decision is taken.
Amendment 500 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Each Member State where an unaccompanied minor is obliged to be present shall ensure that a representativeguardian represents and/or assists the unaccompanied minor with respect to the relevantall procedures provided for in this Regulation. The representativeguardian shall have the qualifications and, expertise and independence to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representativea guardian shall have access to the content of the relevant documents in the applicant’'s file including the specific leaflet for unaccompanied minorsinformation materials for unaccompanied minors. The guardian shall be appointed no later than five days from the moment when an unaccompanied minor arrives in the Member State.
Amendment 505 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1 a (new)
Article 8 – paragraph 2 – subparagraph 1 a (new)
The guardian shall be involved in the process of establishing Member State responsibility under this Regulation to the greatest extent possible. To that end, the guardian shall support the minor to provide information relevant to the assessment of their best interests in accordance with paragraph 3, including exercise their right to be heard, and shall support the minor's engagement with other actors, such as family tracing organisations, where appropriate for this purpose, and with due regard to confidentiality obligations to the child. Such a guardian shall have access to the content of the relevant documents in the minor's file including the specific leaflets for unaccompanied minors and the forms provided for in Article 8. The guardian shall ensure the minor has access to information, legal advice and representation concerning the procedures under this Regulation and shall keep the minor informed on the status of the procedures under this Regulation concerning them. Guardians shall receive regular training and support to undertake their tasks. The Commission shall, by means of implementing acts, provide rules on the qualifications of and training for guardians, the modalities for their engagement with other actors, with due regard for confidentiality and data protection obligations.
Amendment 508 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the minor’s well-being and social development, taking into particular consideration his or her ethnic, religious, cultural and linguistic background and the need for stability and continuity in the minor's care and custodial arrangements and access to health and education services;
Amendment 510 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c
Article 8 – paragraph 3 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of human traffickingany form of violence and exploitation, including trafficking in human beings;
Amendment 512 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point c a (new)
Article 8 – paragraph 3 – point c a (new)
(ca) situations of vulnerability, including trauma, specific health needs and disability
Amendment 516 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 3 – point d – point i (new)
Article 8 – paragraph 3 – point d – point i (new)
i) the need for decisions concerning children to be treated with priority
Amendment 521 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Before transferring an unaccompanied minor toAny decision on the Member State responsible or, where applicable, to the Member State of allocation, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay. Any decision to transferon the Member State of allocation concerning an unaccompanied minor shall be preceded by an multidisciplinary assessment of his/her best interests. The assessment shall be based on the factors listed in paragraph 3. The and the conclusions of the assessment on each of the factors shall be clearly stated in the decision on responsibility. The multidisciplinary assessment shall be done swiftly by competent staff with the qualifications and expertise to ensure that the best interests of the minor are taken into considerationexpertise in child rights, psychology and development involving the minor's guardian and legal advisor or counsellor to ensure that the best interests of the minor are respected. Before any transfer of an unaccompanied minor, the transferring Member State shall make sure that the Member State responsible or the Member State of allocation takes the measures referred to in Articles 14 and 24 of Directive 2013/33/EU and Article 25 of Directive 2013/32/EU without delay.
Amendment 526 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph new5 – subparagraph 1
Article 8 – paragraph new5 – subparagraph 1
For the purpose of applying Articles 10 and 19, the Member State where the unaccompanied minor lodgedmade an application for international protection shall, as soon as possible, take appropriate action to identify the family members or, relatives or any other family relativeons of the unaccompanied minor on the territory of Member States, whilst protecting the best interests of the child, when relevant with the assistance of international or other relevant organisation to facilitate the minor's access to the tracing services of such organisations. The staff of the competent authorities referred to in Article 47 who deal with requests concerning unaccompanied minors shall have received, and shall continue to receive, appropriate training concerning the specific needs of minors, including training on child rights, psychology and development.
Amendment 532 #
2016/0133(COD)
Proposal for a regulation
Article 8 – paragraph 6
Article 8 – paragraph 6
Amendment 543 #
2016/0133(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point 1 (new)
Article 9 – paragraph 2 – point 1 (new)
(1) In view of the application of the criteria referred to in Articles 10 to 13 and 18, Member States shall take into consideration any available evidence regarding the presence, on the territory of a Member State, of family members, relatives or any other family relations of the applicant, on condition that such evidence is produced before another Member State accepts the request to take charge or take back the person concerned, pursuant to Articles 22 and 25 respectively, and that the previous applications for international protection of the applicant have not yet been the subject of a first decision regarding the substance.
Amendment 553 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5
Article 10 – paragraph 5
5. In the absence of a family member or a relative as referred to in paragraphs 2 and 3, the Member State responsible shall be that where the unaccompanied minor first has lodged his or her application for international protection, unlis present, unless it is not in the best interests of the minor on the basis of the multidisciplinary besst it is demonstrated that this is not in the best interests of the minornterests assessment conducted in accordance with Article 8. Prior to such a determination the applicant shall be allowed to avail himself or herself of the procedures referred to in Article 19.
Amendment 561 #
2016/0133(COD)
Proposal for a regulation
Article 10 – paragraph 5 a (new)
Article 10 – paragraph 5 a (new)
5 a. Where a minor is accompanied by one parent, adult sibling or other adult responsible for the minor, whether by law or by the practice of that Member State, and one parent or other adult responsible for the minor, whether by law or by the practice of that Member State, is legally present in a Member State, the Member State responsible shall be that where the parent or other adult responsible for the minor is legally present, provided that this is in the best interests of the minor.
Amendment 728 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Member States shall provide for a period of 710 days after the notification of a transfer decision within which the person concerned may exercise his or her right to an effective remedy pursuant to paragraph 1.
Amendment 738 #
2016/0133(COD)
Proposal for a regulation
Article 28 – paragraph new6
Article 28 – paragraph new6
new6. Without prejudice to the applicant's right to choose his or her own legal adviser or other counsellor at his or her own cost, Member States shall ensure that the person concerned has access to legal assistance and representation for minor applicants and, where necessary, to linguistic assistance at all stages of the procedures provided for in this Regulation.
Amendment 757 #
2016/0133(COD)
Proposal for a regulation
Article 29 – paragraph 3 – subparagraph 1 a (new)
Article 29 – paragraph 3 – subparagraph 1 a (new)
Minors shall not be detained; Member States shall instead accommodate minors and families with minors in non- custodial, community-based placements while their immigration status is processed.
Amendment 767 #
2016/0133(COD)
Proposal for a regulation
Article 30 – paragraph 1 – subparagraph 2
Article 30 – paragraph 1 – subparagraph 2
newThe transfer of the applicant or of another person as referred to in Article 20(1)(c), (d) or (e) from the requesting Member State to the Member State responsible shall be carried out in accordance with the national law of the requesting Member State, after consultation between the Member States concerned, as soon as practically possible, and at the latest within four weeks from the final transfer decision . Especially when the transfer to the Member State responsible is carried out on a voluntary basis, the European Union Agency for Asylum shall play a key role in assuring that the applicant is effectively transferred.
Amendment 833 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b a (new)
Article 35 – paragraph 2 – point b a (new)
(ba) the unemployment rate
Amendment 839 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b b (new)
Article 35 – paragraph 2 – point b b (new)
(bb) the percentage of expenditure linked to migration when compared to the overall GDP
Amendment 842 #
2016/0133(COD)
Proposal for a regulation
Article 35 – paragraph 2 – point b c (new)
Article 35 – paragraph 2 – point b c (new)
(bc) the number of beneficiaries of international protection who are present in the territory of the Member State
Amendment 992 #
2016/0133(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
3. The authorities referred to in paragraph 1 shall receive the necessary regular training with respect to the application of this Regulation, including as regards the operating procedures for gathering relevant information and assessing the best interests of the child. Member States shall ensure the availability of specially trained staff, or specialized support services for staff, dedicated to the assessment of the best interests of the child in cases involving unaccompanied minors.
Amendment 1003 #
2016/0133(COD)
Proposal for a regulation
Article 53 – paragraph 2 a (new)
Article 53 – paragraph 2 a (new)
By way of derogation from Article 35 the reference key for the corrective allocation shall be calculated using the formula in Annex Ia during the first three years following the entry into force of this Regulation.
Amendment 1015 #
Amendment 1017 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 b (new)
Annex I – paragraph 2 b (new)
Percentage of expenditure linked to migration when compared to the overall GDP effectMS
Amendment 1018 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 2 c (new)
Annex I – paragraph 2 c (new)
Number of beneficiaries of international protection present in the territory effectMS
Amendment 1019 #
2016/0133(COD)
Proposal for a regulation
Annex I – paragraph 3
Annex I – paragraph 3
ShareMS = 50% Population effectMS + 50% GDP effectMS + Unemployment rate effectMS + Percentage of expenditure linked to migration when compared to the overall GDP effectMS + Number of beneficiaries of international protection present in the territory effectMS
Amendment 1021 #
2016/0133(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Transitional arrangements for the calculation of the reference key in Article 35. 1. For the purpose of the corrective allocation mechanism, the reference number for each Member State shall, during a transitional period as defined in this Annex, be determined by a combination of a baseline key and the reference key referred to in Article 35. 2. The baseline reference key referred to in paragraph 1 shall be calculated by adding the lodged applications, using Eurostat figures, in Member States for the years 2011, 2012, 2013, 2014 and 2016, divided by the total amount of lodged applications within all Member States during that period. 3. The transitional reference key shall be calculated as follows a) from the entry into force until the end of the first calendar year following the entry into force ('year X') the transitional reference key should be the same as the baseline reference key b) in year X+1 the transitional reference key should be composed of 80% of the baseline reference key and 20% of the reference key in Article 35 of this regulation c) in year X+2 the transitional reference key should be composed of 50% of the baseline reference key and 50% of the reference key in Article 35 of this regulation 4. Following the expiration of the period mentioned in point (c) of paragraph 3 the reference key shall be calculated according to the provisions of Article 35.
Amendment 82 #
2016/0132(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) National authorities in the Member States experience difficulties in identifying illegally staying third-country nationals who use deceptive means to avoid their identification and to frustrate the procedures for re-documentation in view of their return and readmission. It is therefore essential to ensure that information on third-country nationals or stateless persons who are found to be staying illegally in the EU are collected and transmitted to Eurodac and are compared also with those collected and transmitted for the purpose of establishing the identity of applicants for international protection and of third- country nationals apprehended in connection with the unlawful crossing of the external borders of the Union, in order to facilitate their identification and re- documentation and to ensure their return and readmission, and to reduce identity fraud. It should also contribute to reducing the length of the administrative procedures necessary for ensuring return and readmission of illegally staying third- country nationals, including the period during which they may be kept in administrative detention awaiting removal. It should also allow identifying third countries of transit, where the illegally staytng third-country national may be readmitted. This is without prejudice to the Schengen Information System (SIS), which remains the fundamental system to ensure cooperation and information exchange on return.
Amendment 87 #
2016/0132(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In its Conclusions of 8 October 2015 on the future of return policy, the Council endorsed the initiative announced by the Commission to explore an extension of the scope and purpose of Eurodac to enable the use of data for return purposes27 . Member States should have the necessary tools at their disposal to be able to detect illegal migration to and secondary movements by the identification of illegally staying third- country nationals in the Union. Therefore, the data in Eurodac should be available, subject to the conditions set out in this Regulation, for comparison by the designated authorities of the Member States. _________________ 27 EU Action Plan on return, COM(2015) 453 final.
Amendment 96 #
2016/0132(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) The Commission proposal1a amending SIS in the field of border checks opens the possibility for using the search with fingerprints in SIS to make immediately available the identity and the status of third-country nationals subject to return decisions. Member States should establish as closely as possible the contact points handling Eurodac comparisons and the national contact points handling supplementary information to SIS. _________________ 1a COM 2016(882) final
Amendment 112 #
2016/0132(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The best interests of the minor should be a primary consideration for Member States when applying this Regulation. Where the requesting Member State establishes that Eurodac data pertain to a child, these data may only be used for law enforcement purposes by the requesting Member State, to ensure access to protection systems and to trace missing children in accordance with that State's laws applicable to minors and in accordance with the obligation to give primary consideration to the best interests of the child.
Amendment 148 #
2016/0132(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) assist with the control of illegal immigration to and secondary movements within the Union and with the identification of illegally staying third- country nationals for determining the appropriate measures to be taken by Member States, including removal and repatriation of persons residing without authorisation.
Amendment 179 #
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 manner by officials trained specifically to enrol minor's fingerprints and facial images. The minor shall be informed 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 in a language they can understand 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 190 #
2016/0132(COD)
Proposal for a regulation
Article 2 – paragraph 4
Article 2 – paragraph 4
4. Without prejudice to paragraph 3 of this Article, where enrolment of the fingerprints or facial image is not possible from third-country nationals who are deemed to be vulnerable persons and from a minor due to the conditions of the fingertips or face, the authorities of that Member State shall not use sanctions to coerce the taking of fingerprints or a facial image. A Member State may attempt to re- take the fingerprints or facial image of a minor or vulnerable person who refuses to comply, where the reason for non- compliance is not related to the conditions of the fingertips or facial image or the health of the individual and where it is duly justified to do so. Where a minor, in particular an unaccompanied or separated minor refuses to give their fingerprints or a facial image and there are reasonable grounds to suspect that there are child safeguarding or protection risks, the minor shall be referred to the national child protection authorities and /or national referral mechanisms.
Amendment 394 #
2016/0131(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Agency shall, at the request of the Commission, provide it with information on specific third countries which could be considered for inclusion in the common EU list of safe countries of origin in accordance with Regulation (EU) No XXX/XXX. That information shall be forwarded to the relevant European Parliament committees.
Amendment 407 #
2016/0131(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Agency shall, on its own initiative or at the request of the Commission, and in consultation with the Commission and Member-States, develop operational standards on the implementation of the instruments of Union law on asylum and indicators for monitoring compliance with those operational standards as well as guidelines and best practices related to the implementation of the instruments of Union law on asylum. The Agency shall, following consultation with the Commission and after adoption by the Management Board, communicate those standards, indicators, guidelines or best practices to the Member States.
Amendment 423 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the exchange of best practices on the judicial system, to handle and manage asylum cases efficiently and correctly.
Amendment 426 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) verify the asylum and reception systems, capabilities, infrastructure, equipment, staff available, including for translation and interpretation in Member States, financial resources and the capacity of Member States' asylum authorities, including the judicial system, to handle and manage asylum cases efficiently and correctlyin accordance with EU law.
Amendment 438 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
For that purpose, Member States shall, at the request of the Agency, provide it with the necessary information as regards asylum procedures, equipment, infrastructure, reception conditions, recognition rates and quality of protection as well as staff and financial resources at national level to ensure an efficient management of the asylum and reception system. The Member States shall also cooperate with the Agency and shall facilitate and actively support any on-site visit that the Agency shall carry out for the purposes of the monitoring exercise.
Amendment 440 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Agency shall assess the capacity and readiness of Member States to meet challenges from possiblresent and future 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 443 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 a (new)
Article 13 – paragraph 3 a (new)
3 a. The previous paragraphs are without prejudice to the competences of the European Commission foreseen in the Treaties, including article 258 on the Treaty on the Functioning of the European Union.
Amendment 444 #
2016/0131(COD)
Proposal for a regulation
Article 13 – paragraph 3 b (new)
Article 13 – paragraph 3 b (new)
3 b. For the purposes of paragraph 1, the Agency shall receive anonymised data from Eurodac in real time.
Amendment 456 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 5
Article 14 – paragraph 1 – subparagraph 5
The Agency, at the request of the Commission, may initiate an exceptional monitoring exercise for the assessment of the asylum or reception systems of a Member State on its own initiativewhenever: (a) there are serious concerns regarding the functioning orf at the request of the Commission whenever there are serious concerns regarding the functioning of any aspect of that Member State'sny aspect of that Member State's asylum or reception systems; or (b) there are serious concerns regarding the capacity and readiness of Member States to meet challenges from present and future disproportionate pressure on their asylum orand reception systems.
Amendment 466 #
2016/0131(COD)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 480 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 5 a (new)
Article 14 – paragraph 5 a (new)
5 a. Upon request of the European Parliament, the Agency shall transmit any document pertaining to the monitoring exercise.
Amendment 483 #
2016/0131(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The Agency shall inform the Commission and the European Parliament on a regular basis of the implementation of the action plan.
Amendment 490 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2 a. If an on-site visit reveals serious deficiencies deemed to jeopardize the functioning of the CEAS or to constitute a serious threat to public policy or internal security within the area without internal borders, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall inform the European Parliament and the Council as soon as possible thereof.
Amendment 493 #
2016/0131(COD)
Proposal for a regulation
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
4 a. Upon request of the European Parliament, the European Commission shall transmit any document pertaining to the monitoring exercise.
Amendment 495 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall submit a request for assistance to the Executive Director describing the situation and the purpose of the request. The request shall be accompanied by a detailed assessment of needs. The Executive Director shall evaluate, approve and coordinate requests for assistance. Each shall be subject to a thorough and reliable assessment enabling the Agency to identify and propose, within a reasonable time frame, a set of measures as referred to in paragraph 3 that can meet the needs of the Member State concerned.
Amendment 504 #
2016/0131(COD)
Proposal for a regulation
Article 16 – paragraph 3 – point i a (new)
Article 16 – paragraph 3 – point i a (new)
(i a) Assist Member States in ensuring all the necessary safeguards for vulnerable groups are in place;
Amendment 522 #
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 experton the profiles of experts. The Agency may verify whether the experts proposed by the Member States correspond to the defined profiles.
Amendment 528 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3 a. Each Member State shall be responsible for its contribution to the number of experts, as referred to in paragraph 1, in accordance with Annex Ia.
Amendment 529 #
2016/0131(COD)
Proposal for a regulation
Article 18 – paragraph 3 b (new)
Article 18 – paragraph 3 b (new)
3 b. if a situation arises in which more experts are required than provided for under paragraphs 1, the executive director shall immediately inform the European Parliament, the Council and the Commission. He or she shall also call upon the Council to seek commitments from Member States to meet the shortage.
Amendment 566 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. Where in the event ofasylum or reception systems are rendered ineffective to the extent of jeopardising the functioning of the CEAS because (a) a Member State facing disproportionate pressure on the asylum or reception systems a Member State does not request the Agency for operational and technical assistance or does not accept an offer by the Agency for such assistance or does not take sufficient action to address that pressure,; or where it(b) a Member State does not comply with the Commission's recommendations referred to in Article 15(3), thereby rendering the asylum or reception systems ineffective to the extent of jeopardising the functioning of the CEAS, the Commission may adopt a decision by means of an implementing act, identifying one or more of the measures set out in Article 16(3) to be taken by the Agency to support the Member State concerned. That implementing act shall be adopted in accordance with the examination procedure referred to in Article 64.
Amendment 570 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
6. The Member State concerned shall comply with the Commission decision referred to in paragraph 3. For that purpose it shall immediately cooperate with the Agency and take the necessary action to facilitate the implementation of that decision and the practical execution of the measures set out in that decision and in the operational plan agreed upon with the executive director.
Amendment 572 #
2016/0131(COD)
Proposal for a regulation
Article 22 – paragraph 7 a (new)
Article 22 – paragraph 7 a (new)
7 a. If the Member State concerned does not comply with the Commission decision referred to in paragraph 3 within 30 days and does not cooperate with the Agency as provided for under paragraph 6 of this article, the Commission may trigger the procedure provided for in Article 29 of Regulation (EU) 2016/399.
Amendment 578 #
2016/0131(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. The Agency shall be responsible for ensuring the security of its own equipment throughout the life cycle of the equipment.
Amendment 599 #
2016/0131(COD)
Proposal for a regulation
Article 32 – paragraph 3 a (new)
Article 32 – paragraph 3 a (new)
3 a. With regard to the processing of personal data under Article 17, the host Member State shall be considered as a data controller in accordance with Union data protection rules.
Amendment 620 #
2016/0131(COD)
Proposal for a regulation
Article 37 – paragraph 1
Article 37 – paragraph 1
The Agency shall cooperate with international organisations, in particular UNHCR, in areas governed by this Regulation, within the framework of working arrangements concluded with those bodies, in accordance with the Treaty and the provisions on the competence of those bodies. The Agency can enter into emergency standby agreements with international organizations and non-governmental organizations to complement the Agency operational and technical assistance to Member States, in particular by setting up reception facilities, providing information to asylum seekers or providing for specific needs of vulnerable groups. The Management Board shall decide on the working arrangements which shall be subject to prior approval of the Commission. The Agency shall inform the European Parliament of any such arrangements.
Amendment 642 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 2 – subparagraph 1
Article 45 – paragraph 2 – subparagraph 1
The Executive Director shall be appointed by the Management Board from a list of at least three candidates proposed by the Commission, following an open and transparent selection procedure. The Executive Director shall be appointed on the ground of merit and documented high- level administrative and management skills as well as senior professional experience in the field of migration and asylum.
Amendment 645 #
2016/0131(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. Before appointment, the candidate selected by the Management Boards proposed by the Commission may be invited to make a statement before the competent committee of the European Parliament and answer questions put by its members. Following such a statement, the European Parliament shall adopt an opinion setting out its views and may indicate a preferred candidate. The Management Board shall appoint the executive director taking these views into account. The management board shall take its decision by a two thirds majority of all member with a right to vote. If the Management board takes a decision to appoint a candidate other than the candidate whom the European Parliament indicated as its preferred candidate, the management board shall inform the European Parliament and the Council in writing of the manner in which the opinion of the European Parliament was taken into account.
Amendment 653 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
Amendment 654 #
2016/0131(COD)
Proposal for a regulation
Article 47 – paragraph 2 a (new)
Article 47 – paragraph 2 a (new)
2 a. The deputy executive director shall be appointed by the management board on the proposal of the executive director. The deputy executive director shall be appointed on the grounds of merit and appropriate administrative and management skills as well as senior professional experience in the field of migration and asylum. The executive director shall propose at least three candidates for the post of deputy executive director. The management board shall take its decision by a two thirds majority of all members with a right to vote.
Amendment 677 #
2016/0131(COD)
Proposal for a regulation
Article 60 – paragraph 1 a (new)
Article 60 – paragraph 1 a (new)
1 a. Classified information shall be made available to the European Parliament in accordance with this Regulation. The transmission and handling of information and documents transmitted to the European Parliament in accordance with this Regulation shall comply with the rules concerning the forwarding and handling of classified information which are applicable between the European Parliament and the Commission.
Amendment 684 #
2016/0131(COD)
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 420 #
2016/0106(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2a. The competent national authority shall insert an alert on Schengen Information System, in accordance with Regulation 1987/20061a. _________________ 1aRegulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II)
Amendment 448 #
2016/0106(COD)
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. Where there is no exit data immediately following the date of expiry of the authorised length of stay, the entry/exit record shall be identified with a mark or flag by the system and the data of the visa holding third country national identified as an overstayer shall be entered into the list referred to in Article 11. and inserted into the Schengen Information System in accordance with Regulation (EC) No 1987/2006 of the European Parliament and of the Council1a. _________________ 1aRegulation (EC) No 1987/2006 of the European Parliament and of the Council of 20 December 2006 on the establishment, operation and use of the second generation Schengen Information System (SIS II) (OJ L 381, 28.12.2006, p. 4).
Amendment 457 #
2016/0106(COD)
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. Children under the age of 126 shall be exempt from the requirement to give fingerprints for legal reasons.
Amendment 519 #
2016/0106(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Article 28a Access to data for authorities competent to decide on applications for international protection For the purpose of facilitating the examination of an application for international protection, the competent authorities of a Member State shall have access to the EES to search with the data referred to in Articles 14(1) and 15(1)."
Amendment 6 #
2016/0062(NLE)
Motion for a resolution
Citation 5
Citation 5
– having regard to Articles 21, 23, 24 25 and 256 of the Charter of Fundamental Rights of the European Union;
Amendment 35 #
2016/0062(NLE)
Motion for a resolution
Citation 15
Citation 15
Amendment 49 #
2016/0062(NLE)
Motion for a resolution
Citation 21
Citation 21
– having regard to the Commission roadmap on a possible EU accession to the Istanbul Convention, published in October 2015;
Amendment 52 #
2016/0062(NLE)
Motion for a resolution
Citation 22
Citation 22
Amendment 56 #
2016/0062(NLE)
Motion for a resolution
Citation 23
Citation 23
– having regard to the Third Quarterly Activity Report of the Commissioner of Human Rights of the Council of Europe of 16 November 20176, in relation to the definition of gender-based violence in the Istanbul Convention,
Amendment 119 #
2016/0062(NLE)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas some group of women and girls, such as migrant women, women refugees and asylum seekers, women and girls with disabilities, LGBTI women, Roma women, are at risk of multiple discrimination and are therefore even more vulnerable to violence;
Amendment 129 #
2016/0062(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas exposure to physical, sexual or psychological violence and abuse has a severe impact on victims; whereas children do not need to be directly affected by the violence to be considered victims as witnessing domestic violence is also traumatising;
Amendment 133 #
2016/0062(NLE)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the Istanbul Convention clearly in art.3 defines “gender-based violence” as “violence that is directed against a woman because she is a woman or that affects women disproportionately” and furthermore defines “gender” as “the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men”;
Amendment 187 #
2016/0062(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the fact that on 4 March 2016 the Commission proposed the EU’s accession to the Istanbul Convention – the first comprehensive legally binding instrument on preventing and combating violence against women at international level;
Amendment 197 #
2016/0062(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that women and girls are often exposed to domestic violence, sexual harassment, sexual violence and rape, forced marriage, honour killings, feminicide, female genital mutilation and other forms of violence, which constitute a serious violation of the human rights and dignity of women and girls; denounces that more and more women and girls are victims of gender-based violence on the internet and on social media; Calls on Member States to adopt concrete measures to address these new forms of crimes, including sex- extortion, grooming, voyeurism and revenge pornography, and protect victims, who experience serious trauma leading sometimes even to suicide;
Amendment 229 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point c
Paragraph 5 – point c
(c) To ask the Commission to initiate, without delay, a constructive dialogue with the Council and Member States, in cooperation with the Council of Europe, so as to address reservations, objections and concerns expressed by Member States; and clarifyin particular to clarify misleading interpretations of the Istanbul Convention, in particular on on the definition of gender-based violence and the definition of gender in Article 3(c) and (d), in accordance with the General Remarks of the Commissioner of Human Rights of the Council of Europe;
Amendment 233 #
2016/0062(NLE)
(ca) To produce practical guidelines on the application of the Istanbul Convention to facilitate a smooth implementation and enforcement of the Convention in countries that have already ratified it as well as to respond to the concerns of those that have not yet ratified it and encourage them to do so;
Amendment 236 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point e
Paragraph 5 – point e
(e) To envisage rendering thesure a EU accession to the Istanbul Convention as broad as possible and without reservations;
Amendment 263 #
2016/0062(NLE)
(i) To ensure preventive measures in order to address the specific needs of vulnerable persons, such as women with disabilities and child victims, including specialist support services and safe accommodation for women who have been the victims of gender-based violence and their children;
Amendment 269 #
2016/0062(NLE)
Motion for a resolution
Paragraph 5 – point i a (new)
Paragraph 5 – point i a (new)
(ia) Take into account significant incidents of violence against women and domestic violence when determining custody and visitation rights; the rights and needs of child witnesses should be also taken into account when providing protection and support services to victims;
Amendment 315 #
2016/0062(NLE)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Member States to fully implement Directive 2011/99/EU on European Protection order, Regulation (EU) on mutual recognition of protection measures in civil matter and Directive 2012/29/EU on protection of victims as well as Directive 2011/36/EU on preventing and combating trafficking in Human being and Directive 2011/92/EU on preventing and combating child sexual abuse and exploitation;
Amendment 229 #
2016/0014(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The need for certification, control and monitoring of technical services by the designating authorities has increased since technical progress has raised the risk that technical services do not possess the necessary competence to test new technologies or devices emerging within their scope of designation. Due to the wide differences in interpretation of the current implementation of directive 2007/46/EC and the application of its provisions in the course of the type- approval procedure, considerable differences between technical services exist. The certification, control and monitoring must therefore be harmonised and increased to ensure a level playing field within the European single market. As technical progress shortens product cycles and as the intervals of surveillance on-site assessments and of the monitoring vary between designating authorities, minimum requirements with regard to the intervals of the surveillance and monitoring of the technical services should be established.
Amendment 255 #
2016/0014(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) In order to allow market forces to work, technical services should apply the rules for the type-approval procedures in all transparency and uniformly, without creating unnecessary burden for economic operators. To guarantee a high level of technical expertise and a fair treatment of all economic operators, a uniform technical application of the rules for the type-approval procedures should be ensured. Within the Forum established by this regulation, type-approval authorities should exchange information on the functioning of the different technical services which they certified.
Amendment 366 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 1
Article 6 – paragraph 1 – subparagraph 1
Member States shall establish or appoint the approval authorities and the market surveillance authorities. Member States shall notify the Commission of the establishment and appointment of such authorities. Member States shall ensure that type-approval authorities and market surveillance authorities function independently from each other.
Amendment 383 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities and the quality of the type-approvals issued. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States and the Commission. Third parties will have access to the results upon request. The Member State concerned shall make a summary of the results accessible to the general public, in particular the number of type-approvals granted or rejected and the identity of the corresponding manufacturers and vehicle types.
Amendment 388 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. The Member States shall periodically review and assess the functioning of their type-approval activities. Such reviews and assessments shall be carried out at least every four years and the results thereof shall be communicated to the other Member States, the European Parliament and the Commission. The Member State concerned shall make a summary of the results accessible to the public, in particular the number of type-approval granted and the identity of the corresponding manufacturers.
Amendment 396 #
2016/0014(COD)
Proposal for a regulation
Article 6 – paragraph 7 a (new)
Article 6 – paragraph 7 a (new)
7a. The Member States shall ensure that the market surveillance authorities and the type-approval authorities can properly perform the tasks foreseen by this regulation. To this end, they shall in particular equip them with the resources necessary for that purpose.
Amendment 403 #
2016/0014(COD)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Type approval authorities shall cooperate with the Commission and the Forum established under article 10 of this Regulation in monitoring and oversight activities as regards the application of this Regulation and provide all the necessary information upon request.
Amendment 505 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. The Commission should guarantee that such data are made available for the purpose of further testing and follow up in order to use every evidence to avoid any neglecting.
Amendment 519 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3
Article 9 – paragraph 5 – subparagraph 3
The Commission shall publish a report of its findings following any compliance verification testing it has carried out. It shall submit the report to the European Parliament.
Amendment 523 #
2016/0014(COD)
Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 3 a (new)
Article 9 – paragraph 5 – subparagraph 3 a (new)
The Commission shall guarantee a unified implementation and enforcement of the rules across the single market.
Amendment 548 #
2016/0014(COD)
Proposal for a regulation
Article 10 – paragraph 2 – subparagraph 1 a (new)
Article 10 – paragraph 2 – subparagraph 1 a (new)
The Forum should oversee the work of national regulators, contribute to the promotion of good practice, assist member states in market surveillance, assess the results of reviews and issue recommendations and apply sanctions if necessary. It should also ensure that the EU law is applied in a uniformly strict and consistent manner.
Amendment 585 #
2016/0014(COD)
Proposal for a regulation
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
4a. Manufacturers shall ensure that the vehicles, systems, components and separate technical units perform equally under the conditions found during the test-approval and under conditions that may reasonably be expected to be encountered in normal operation and use.
Amendment 594 #
2016/0014(COD)
Proposal for a regulation
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
A manufacturer who considers that a vehicle, system, component, separate technical unit, or part or equipment that has been placed on the market or entered into service is not in conformity with this Regulation or that the type approval has been granted on the basis incorrect data, shall immediately take the appropriate measures necessary to bring that vehicle, system, component, separate technical unit, part or equipment into conformity, to withdraw it from the market or to recall it, as appropriate. These corrective measures shall be provided free of charge for the vehicle owner.
Amendment 622 #
2016/0014(COD)
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. The importer shall, to protect the health and safety of consumers, investigate and keep a register of complaints, non- conformities and recalls of vehicles, systems, components, separate technical units, parts or equipment that he has placed on the market and keep his distributors informed of such monitoring. All complaints and/or non-conformities concerning environmental or safety aspects of the vehicle shall be communicated to the manufactures without delay.
Amendment 713 #
2016/0014(COD)
Proposal for a regulation
Article 29 – paragraph 4
Article 29 – paragraph 4
4. In order to verify that a vehicle, system, component or separate technical unit conforms to the approved type, the approval authority that has granted the EU type-approval shall carry out checks or tests required for EU type-approval, on samples taken at the premises of the manufacturer, including production facilities. The approval authority shall commission a party, independent from the manufacturer, to perform these checks.
Amendment 1107 #
2016/0014(COD)
Proposal for a regulation
Article 90 – paragraph 1 – subparagraph 2
Article 90 – paragraph 1 – subparagraph 2
The administrative fines imposed by the Commission shall notcan be in addition to the penalties imposed by the Member States in accordance with Article 89 for the same infringement and, but shall not exceed EUR 30 000 per non-compliant vehicle, system, component or separate technical unit.
Amendment 220 #
2015/2354(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Urges the Commission to introduce and implement before 2019 an SPC manufacturing waiver to boost the competitiveness of the European Generics and Biosimilar Industry in a global environment, as well as to maintain and create additional jobs and growth in the EU, without undermining the market exclusivity granted under the SPC regime in protected markets;
Amendment 52 #
2015/2254(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 57 #
2015/2254(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 73 #
2015/2254(INL)
Motion for a resolution
Citation 23
Citation 23
Amendment 193 #
2015/2254(INL)
Motion for a resolution
Recital P
Recital P
P. whereas the Union has at its disposal a multitude of instruments and processes for ensuring full and proper application of Treaty principles and values but in practice they appear limited in scope, inadequate and ineffective, or they are unlikely to be used; while their uneven application is perceived by many as politically motivated, arbitrary and unfairly targeting certain countries; whereas the existing instruments should be applied and enforced in order to be adequate and effective;
Amendment 234 #
2015/2254(INL)
Motion for a resolution
Recital U
Recital U
U. whereas recent developments have shown it is urgent to revisit is necessary to apply , enforce and integrate existing mechanisms and develop an effective mechanism to ensure Treaty principles and values are upheld throughout the Union;
Amendment 266 #
2015/2254(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Requests the Commission to submit, by the end ofSeptember 20167, on the basis of Article 295 TFEU, a proposal for the conclusion of an EU Pact for Democracy, the Rule of Law and Fundamental Rights (DRF) in the form of an interinstitutional agreement laying down arrangements facilitating the cooperation of institutions of the Union and its Member States in the framework of Article 7 TEU, integrating, aligning and complementing existing mechanisms, following the detailed recommendations set out in the Annex hereto;
Amendment 303 #
2015/2254(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 312 #
2015/2254(INL)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Reiterates that the Member States are obliged to cooperate with each other and the institutions based on principles of mutual trust and sincere cooperation.
Amendment 331 #
2015/2254(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 345 #
2015/2254(INL)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Considers that the existing tools and mechanisms for enforcement of rights should be properly applied and strengthened if possible breaches appear.
Amendment 383 #
2015/2254(INL)
Motion for a resolution
Paragraph 9 – indent 5 a (new)
Paragraph 9 – indent 5 a (new)
- Reviewing article7 in order to make sanctions against any Member State relevant and applicable
Amendment 426 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 18
Annex – Citation 18
Amendment 429 #
2015/2254(INL)
Motion for a resolution
Annex – Citation 19
Annex – Citation 19
Amendment 450 #
2015/2254(INL)
Motion for a resolution
Annex – Recital 7
Annex – Recital 7
Amendment 459 #
2015/2254(INL)
Motion for a resolution
Annex – Article 2
Annex – Article 2
The core elements of the Union Pact on DRF shall consist of the DRF Scoreboard, the DRF Semester, including aa European Report with country-specific recommendations and incorporating, where possible, the reporting of the FRA, the Council of Europe, and other relevant authorities in the field. An annual inter- parliamentary debate, on the basis of that Scoreboard,European Report; and arrangements for remedying possible risks and breaches and for the activation of the preventative or corrective arms of Article 7 of the Treaty on European Union (TEU), and a DRF policy cycle within the institutions of the Union;
Amendment 463 #
2015/2254(INL)
Motion for a resolution
Annex – Article 3
Annex – Article 3
The DRF Semester shall be expanded toUnion Pact on DRF shall incorporate the Commission's Rule of Law Framework and the Council's Rule of Law Dialogue into a single Union instrument;
Amendment 465 #
Amendment 469 #
2015/2254(INL)
Motion for a resolution
Annex – Article 4
Annex – Article 4
An annual scoreboardEuropean Report on the state of DRF in the Member States shall be elaborated by an independent panel of experts and adopted by the Commission; and adopted with a two-thirds majority by an independent panel of experts and presented to the Commission for transmission to the European Parliament, the Council and national parliaments. The Commission may include its own assessment and recommendations in that transmission;
Amendment 473 #
2015/2254(INL)
Motion for a resolution
Annex – Article 5
Annex – Article 5
Amendment 477 #
2015/2254(INL)
Motion for a resolution
Annex – Article 6 – introductory part
Annex – Article 6 – introductory part
The DRF ScoreboardEuropean Report shall be drawn up using a variety of sources, including:
Amendment 497 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – introductory part
Annex – Article 8 – introductory part
The Scoreboard shall be based on a set of indicators in three categories,European Report shall be presented in a harmonised format and accompanied by country-specific reports. and shall be elaborated with specific focus on:
Amendment 499 #
Amendment 510 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.2 – introductory part
Annex – Article 8 – point 8.2 – introductory part
Amendment 518 #
2015/2254(INL)
Motion for a resolution
Annex – Article 8 – point 8.3 – introductory part
Annex – Article 8 – point 8.3 – introductory part
Amendment 527 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.1
Annex – Article 9 – point 9.1
The DRF expert panel shall be composed of the following members: – by each Member State; – the federation of All European Academies (ALLEA); – European Network of National Human Rights Institutions (ENNHRI); – Venice Commission and the Council of Europe Human Rights Commissioner; – CEPEJ; – United Nations (UN) and the Organisation for Economic Co-operation and Development (OECD).one member designated by the parliament of each Member State. Members of the expert panel shall be individuals qualified for assuming the office of member of the constitutional Court, where applicable, or member of the respective supreme national courts. one independent expert designated ten academic experts designated by ten experts designated by the two experts each designated by the ten former judges designated by two experts each designated by the
Amendment 536 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.2
Annex – Article 9 – point 9.2
Amendment 545 #
2015/2254(INL)
Motion for a resolution
Annex – Article 9 – point 9.3
Annex – Article 9 – point 9.3
9.3 In order to facilitate the development of the draft DRF Scoreboard and draftEuropean Report and country recommendations, the Commission shall provide a secretariat to the DRF expert panel, enabling it to function efficiently, in particular by gathering data and information sources to be reviewed and assessed, and by providing administrative support during the drafting process.
Amendment 550 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – introductory part
Annex – Article 10 – introductory part
Amendment 551 #
2015/2254(INL)
Motion for a resolution
Annex – Article 10 – point 10.1
Annex – Article 10 – point 10.1
Amendment 553 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – introductory part
Annex – Article 11 – introductory part
Amendment 558 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 1
Annex – Article 11 – indent 1
– The draft DRF ScoreboardEuropean Report, including draft country-specific recommendations, shall be developed annually by the DRF expert panel;
Amendment 563 #
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 or institutions of the Union under scrutiny;
Amendment 566 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 3
Annex – Article 11 – indent 3
– The draft DRF ScoreboardEuropean Report and draft country-specific recommendations shall be made publically available;
Amendment 573 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4
Annex – Article 11 – indent 4
– The Commission shall formally adopt the DRF ScoreboardEuropean Report and country- specific reports, including recommendations, and refer them to the Member States, the European Parliament and the Council as a basis for the DRF Semesteran interparliamentary debate.
Amendment 575 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 4 a (new)
Annex – Article 11 – indent 4 a (new)
– If the country-specific report on a Member State includes the statement by the expert panel that there is a clear risk of a serious breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(1) TEU, the Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public. The Commission shall start a dialogue with that Member State, taking into account the country specific report.
Amendment 577 #
2015/2254(INL)
Motion for a resolution
Annex – Article 11 – indent 5 b (new)
Annex – Article 11 – indent 5 b (new)
– If the country-specific report on a Member State includes the statement by the expert panel that there is a serious and persistent breach of the values referred to in Article 2 TEU and that there are sufficient grounds for the invocation of Article 7(2) TEU. The Commission, the Council and the European Parliament shall each discuss the matter and take a reasoned decision, which shall be made public.
Amendment 579 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – introductory part
Annex – Article 12 – introductory part
Amendment 584 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 1
Annex – Article 12 – indent 1
– the European Parliament shall holdorganise an inter-parliamentary debate on the basis of the DRF ScoreboardEuropean Report, and adopt a resolution;
Amendment 588 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 2
Annex – Article 12 – indent 2
– the Council shall hold an annual debate, building upon its Rule of Law Dialogue, on the basis of the DRF ScoreboardEuropean Report and adopt Council conclusions, inviting national parliaments to provide a response to the DRF ScoreboardEuropean Report, proposals or reforms;
Amendment 594 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 3
Annex – Article 12 – indent 3
– on the basis of the DRF ScoreboardEuropean Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to launch a "systemic infringement" action under Article 2 TEU and Article 258 TFEU, bundling several infringement cases together;
Amendment 601 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – indent 4
Annex – Article 12 – indent 4
– on the basis of the DRF ScoreboardEuropean Report, the recommendations of the European Parliament and the Council conclusions, the Commission may decide to submit a proposal for an evaluation of the implementation by Member States of Union policies in the area of freedom, security and justice under Article 70 TFEU.
Amendment 606 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.1
Annex – Article 12 – point 12.1
Amendment 610 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.2
Annex – Article 12 – point 12.2
Amendment 614 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – Point 12.2.1
Annex – Article 12 – Point 12.2.1
Amendment 621 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3
Annex – Article 12 – point 12.3
Amendment 626 #
2015/2254(INL)
Motion for a resolution
Annex – Article 12 – point 12.3.1
Annex – Article 12 – point 12.3.1
Amendment 630 #
2015/2254(INL)
Motion for a resolution
Annex – Article 13
Annex – Article 13
Amendment 632 #
2015/2254(INL)
Motion for a resolution
Annex – Article 14 – introductory part
Annex – Article 14 – introductory part
A systematic fundamental rightsn impact assessment on fundamental rights shall be included as an element of the impact assessment shall be carried out for all legislative proposals by the Commission, in accordance with Article 20 of the Interinstitutional Agreement on Better Regulation;
Amendment 641 #
2015/2254(INL)
Motion for a resolution
Annex – Article 15
Annex – Article 15
An interinstitutional impact assessment working group ('Working Group')shall be set up with a view to improving interinstitutional cooperation on impact assessments, and creating a fundamental rights and rule of law compliance culture. The panel shall consult with national experts at an early stage so as to better foresee the implementation challenges in Member States, as well as to help overcome different interpretations and understandings by the different institutions of the Union as regards the impact of fundamental rights and rule of law on legal acts of the Union. The Working Group shall build upon the "Guidelines on methodological steps to be taken to check fundamental rights compatibility at the Council preparatory bodies", 5377/15, Tool #24 from the Better Regulation Toolbox and Rule 38 of the Rules of Procedure of the European Parliament to ensure DRF compliance and promotion.
Amendment 645 #
2015/2254(INL)
Motion for a resolution
Annex – Article 16 – introductory part
Annex – Article 16 – introductory part
The annual reports of the Commission, the Council and the European Parliament relating to enforcement and compliance with the rule of law and fundamental rights by the institutions of the Union shall be included in the annual DRF policy cycle of the DRF scoreboardEuropean Report:
Amendment 10 #
2015/2147(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls the importance of jointly adopting data protection regulation and directive in order to protect and empower citizens, while taking into account its economic impact, especially for SMEs and start-ups;
Amendment 14 #
2015/2147(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for measures to tackle illegal content on the internet that will be proportional and in compliance with the fundamental right to freedom of expression and information; considers that, in order to achieve that goal, it is necessary to provide appropriate law enforcement tools, to support public- private partnerships and cooperation, to consider the role of intermediaries and to promote education and awareness-raising campaigns;
Amendment 27 #
2015/2147(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reiterates the importance of the EU agencies in this regard, such as Europol;
Amendment 44 #
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, namely through the adoption of the Network and Information Security (NIS) Directive1 a; believes that providing security on the internet means protecting networks and critical infrastructure (which requires stronger cooperation with national authorities and EU agencies), 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 and articulated with the right to privacy, is necessary to reinforce trust in digital services and the processing of personal data; __________________ 1aCOM(2013)048 final - Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL concerning measures to ensure a high common level of network and information security across the Union
Amendment 49 #
2015/2147(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Considers that the data protection rules and standards should be harmonised and comprehensive for all sectors and to this end, calls for swift revision and alignment of the ePrivacy Directive to the General Data Protection Regulation;
Amendment 65 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEs and start-ups;
Amendment 66 #
2015/2147(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers that big data, cloud services, the Internet of Things, research and innovation are key to economic development; believes that data protection safeguards and security are crucial for building trust in the data-driven economy sector; stresses the need to raise awareness of the role of data and data-sharing in the economy and to clarify data ownership rules; underlines the role of personalisation of services and products that should be developed as a balanced solution in compliance with data protection requirements; calls for the promotion of privacy by default and by design; underlines the importance of a risk-based approach in data protection legislation, especially for SMEs; recognises that putting in place additional safeguards, such as pseudonymisation or anonymisation can help reduce risks and create support for processing when personal data are used by big data applications and online service providers;
Amendment 77 #
2015/2147(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls for a global coherent approach by regulators to the Digital world; (Justification: There are several regulators in the digital world, whose actions can influence one another. Their action can be more effective and beneficial, for both consumers and economic operators, if taking more into account each other roles.)
Amendment 84 #
2015/2147(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there is a strong need for an improved and robust digital economy in Europe. Barriers between Member States must be removed to create a real 'Digital Single Market' which constitutes one of the cornerstones of growth and employment in the EU;
Amendment 88 #
2015/2147(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the fact that different standards apply to online and offline commerce is leading to fragmentation and uncertainty within the Single Market;
Amendment 91 #
2015/2147(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Supports the digitalisation of public services in Europe and the development of e-government, e-democracy and open data policies based on high data protection standards while ensuring public participation and consultation in these processes, as well as access and reuse of public documents; Recalls that e- government contributes for real participation, more transparent, accountable and efficient public administration as well as economic growth;
Amendment 102 #
2015/2147(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for steps to be taken to ensure high standards of data protection when pursuing cooperation with the third countries within the Digital Single Market Strategy; calls on the Commission to swiftly ensure a coherent and permanent framework for safe international transfer of data as it is necessary for legal certainty, as well as to unlock the full potential of the Digital Single Market, while at the same time guaranteeing a high level of protection of personal data for EU citizens, and which could be a good reference point for future global solutions.
Amendment 120 #
2015/2147(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a high level of consumer protection and satisfaction necessarily entails information, choice, flexibility, information and trust in a secure online environment;
Amendment 138 #
2015/2147(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas a regulatory environment which better incentivizes investments in fixed and mobile electronic communications infrastructures is an essential requirement for a flourishing Digital Single Market; Widely available advanced communications infrastructures is essential for an inclusive digital economy;
Amendment 140 #
2015/2147(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas for the Digital Single Market to be competitive and to deliver its benefits to citizens and businesses, a level playing field for operators must be created. Market players need a reliable, fair, transparent and proportionate regulatory framework that allows them to compete fairly and equitably and to come up with innovative ideas and products without facing burdensome regulation;
Amendment 146 #
2015/2147(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas creativity and innovation are the drivers of the digital economy, and whereas it is essential therefore to ensure a high level of protection of intellectual property rights;
Amendment 178 #
2015/2147(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that in order for Europe to fully seize the potential for growth, jobs and global competitiveness in all sectors of the economy of new developments or technologies such as Cloud Computing, 5G development, Big Data or the Internet of Things, the completion of the Digital Single Market must be a priority;
Amendment 210 #
2015/2147(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls on the European commission to propose initiatives that will overcome legal fragmentation and allow companies to reap the benefits of the single market, giving consumers a wider choice;
Amendment 225 #
2015/2147(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that users’ trust in digital services is, and their security, are vital to innovation and growth in the digital economy and that reinforcing that trust should be at the basis of both public policy and business models, one prerequisite in that process being to allow for the needs of specific user groups and vulnerable consumers in particular;
Amendment 244 #
2015/2147(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the urgent need for the Commission and Member States to promote a more dynamic economy for innovation to flourish and for companies to scale up, through the development of e- government, and a modernised regulatory framework fit for the emergence and scale- up of innovative businesses, and a long term investment strategy in infrastructure, skills, research and innovation;
Amendment 274 #
2015/2147(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that a long term investment strategy in infrastructure, skills and services combined with a comprehensive Text and Data Mining legal framework are needed to support open science and innovation, and leverage both public and private investments in research;
Amendment 317 #
2015/2147(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is concerned about the different national approaches taken to regulating the internet and the sharing economy; urges the Commission to take action to preserve the integrity of the single market and the internet as an open and global platform for communication, co-creation and innovation;
Amendment 339 #
2015/2147(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Is concerned by the different national fiscal approaches regarding the digital and sharing economy;
Amendment 369 #
2015/2147(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Welcomes the Commission’'s initiative to improve theconsumers' legal protection of consumers as regardsconcerning intangible digital content; points out that while consumers buying genuine tangible digital content, goods and services are protected by consumer protection laws, consumer rights when buying intangible digital content remain largely unregulated; agrees that consumers should enjoy a comparablthe same level of protection regardless of whether they purchase digital content online or off, goods and services online or offline; calls on the Commission and Member States to adopt the necessary measures against the sales of illicit content and goods online;
Amendment 384 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses that consumers should be at the heart of the digital single market and calls for the adaptation of the current regulatory consumer protection framework for the digital age;
Amendment 387 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the important steps that have been taken in recent years on online dispute resolution and underlines that other areas of e-commerce still need to be addressed to ensure a level playing field and help European e-commerce to accelerate;
Amendment 397 #
2015/2147(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Considers that dismantling barriers to the cross-border development of e- commerce is of the utmost importance. This concerns, in particular, cross-border parcel delivery and VAT rules applicable to the sale of goods and services – which, due to their fragmentation and a lack of transparency, hamper cross-border e- commerce;
Amendment 437 #
2015/2147(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers that there is a risk that the Commission’s proposalshould be no solutions entail a growing disparityies between the applicable legal standards for offline and online purchases;
Amendment 590 #
2015/2147(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Asks the Commission to propose measures to end practices such as IP tracking or the deliberate non- interoperability of systems restricting the choice of consumers and to guarantee the portability of people's digital lives;
Amendment 680 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 b (new)
Paragraph 19 b (new)
19b. Asks the Commission to take the necessary measures enabling all citizens to be connected to the internet at the highest speed and the lowest possible costs;
Amendment 686 #
2015/2147(INI)
Motion for a resolution
Paragraph 19 c (new)
Paragraph 19 c (new)
19c. Believes that the financing instruments in the Juncker plan will be crucial sources of investment;
Amendment 709 #
2015/2147(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses that since the development of over-the-top services has increased demand and competition to the benefit of consumers, modernisation of the telecommunication framework should not lead to more regulatory burdens, but should drive innovation and fair competition; Underlines that in order to guarantee equal treatment, similar services should be treated in a similar way, making consumers confident that a service is bound by the same consumer, security and privacy guarantees regardless of the nature of the provider;
Amendment 776 #
2015/2147(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses that the consistent application of EU rules in the Digital Single Market, such as uniform enforcement of the Connected Continent package, including the end of roaming surcharges and the net neutrality principle, requires the establishment of a single European telecommunications regulatoradaptation of bodies, such as the Body of European Regulators for Electronic Communications or the Radio Spectrum Policy Group;
Amendment 842 #
2015/2147(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Emphasises that in order to foster innovation and competitiveness consumers must be able to access their data, transport it, and use it in any device, application, or operating system in a seamless way; Calls upon the European Commission to put forward proposals that guarantee the interoperability of services and applications and the portability of the consumers digital life;
Amendment 900 #
2015/2147(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Welcomes the increased competition due to the growth of the sharing economy and appreciates consumers' access to a broader range of goods and services at competitive prices and easier access;
Amendment 931 #
2015/2147(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Considers, in order to ensure trust in digital services, that increased resources from the public and private sector are required to strengthen the security of IT systems and online networks and the encryption of communication, to improve cyber-attack prevention and to increase knowledge of basic security processes among users of digital services; stresses that respect for fundamental rights and data protection are key factors for consumer confidence in digital services;
Amendment 7 #
2015/2140(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses that effective EU competition policy has to be in place in order to enable consumers to benefit from the digital single market; notes that consumers are at the heart of the digital single market, with consumer spending accounting for approximately 56% of EU GDP;
Amendment 48 #
2015/2140(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the promotion and the implementation of e-governance systems in all Members States is instrumental for the efficient monitoring of infringements and for ensuring transparency in both the public and the private sector;
Amendment 58 #
2015/2140(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Takes the view that the main condition towards the completion of the European Energy Union is a well-functioning internal energy market that is dependent on the effective and persistent enforcement of EU competition rules; emphasises that implementing the competition rules contributes to sustainability, competitiveness and security of supply;
Amendment 28 #
2015/2095(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- Having regard to the United Nations Convention on the Rights of the Child z\on 20 November 1989 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 32 #
2015/2095(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to the Commission Communication 'Action Plan on Unaccompanied Minors',[1]and the European Parliament Resolution of 12 September 2013 on the situation of unaccompanied minors in the EU [1] COM 82010)0213 def Communication from the Commission to the European Parliament and the Council - Action Plan on Unaccompanied Minors (2010-2014)
Amendment 34 #
2015/2095(INI)
Motion for a resolution
Citation 38 a (new)
Citation 38 a (new)
- having regard the eighth biannual report on the functioning of the Schengen area adopted on 15 December 2015;
Amendment 70 #
2015/2095(INI)
Motion for a resolution
Recital D
Recital D
D. whereas in 2015, over 3.771 persons are reported dead or missing in the Mediterranean sea, according to the International Organisation for Migration8 ; whereas children represent 30 per cent of all recorded deaths in the Aegean Sea[1]; whereas according to recent Europol data at least 10 000 unaccompanied children have disappeared after arriving in Europe [1] IOM and UNICEF, Data Brief: Migration of Children to Europe, http://www.iom.int/sites/default/files/press _release/file/IOM-UNICEF-Data-Brief- Refugee-and-Migrant-Crisis-in-Europe- 30.11.15.pdf __________________ 8 IOM, Missing Migrants Project, http://missingmigrants.iom.int/.
Amendment 153 #
2015/2095(INI)
Motion for a resolution
Recital M a (new)
Recital M a (new)
M a. whereas all EU Member States have a duty to protect and promote the rights of all children and ensure that migrant children are treated first and foremost as children and that the principle of the child's best interests takes precedence over migration management objectives;
Amendment 222 #
2015/2095(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Notes as well that solidarity between the Union and Member States should reflect solidarity of Member States towards the Union; funding should not be available for Member-States not complying with their share of responsibilities;
Amendment 238 #
2015/2095(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that the saving of lives is an act of solidarity with those at risk, but that it is also a legal obligation under EU law, as established by Regulation 656/2014, and under international law, as Article 98 of the United Nations Convention of the Law of the Sea – ratified by all Member States and the Union itself – requires assistance to be given to any person in distress at sea;
Amendment 258 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that in the short-term search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety;
Amendment 259 #
2015/2095(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Suggests, in that respect, that search and rescue capacities must be strengthened, and that Member States’ governments must deploy more resources – in terms of financial assistance and assets – in the context of a Union-wide humanitarian operation, dedicated to finding, rescuing and assisting migrants in peril and bringing them to the closest place of safety, recommends that, in planning such search and rescue operations, child specific measures be taken, such as child safeguarding policies in manuals on search and rescue, child protection trainings and child-focused care at disembark;
Amendment 303 #
2015/2095(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the positive role played by navy vessels in saving lives at sea and in disrupting criminal networks, smugglers and traffickers to date; supports the aims of navy operations such as Operation Sophia, and stresses the need to protect life, emphasising that all aspects of the operation should ensure that migrant lives are protected;
Amendment 431 #
2015/2095(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Believes that the preferences of the applicant should, as much as practically possible, be taken into account when carrying out relocation; recognises that this is one way of discouraging secondary movements and encouraging applicants themselves to accept relocation decisions, but that it should not stop the relocation process; further recalls that the best interest of the child must be a primary consideration should always guide any decision on relocation involving children;
Amendment 705 #
2015/2095(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Encourages the Member States to seek to keep families together, which will assist integration prospects in the long-term as the focus can be directed towards the establishment of a new life instead of concerns towards family members that are still in insecure situations; urges Member States to take all measures necessary to prevent the separation of a child from his/her parents;
Amendment 723 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. On Unaccompanied Minors (new title)
Amendment 724 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 b (new)
Paragraph 47 b (new)
47 b. Recalls that refugee and migrant children should be provided with information on their right to family reunification and how to claim it in a child-friendly way; Recalls that support and protection should be extended to unaccompanied and separated children, in line with their best interests, and that applications for family reunification filed by unaccompanied and separated children should be expedited;
Amendment 725 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 c (new)
Paragraph 47 c (new)
47 c. Calls on Member States to fully apply the specific provisions of the Common European Asylum System concerning unaccompanied minors, including access to legal assistance, guardianship, access to healthcare, accommodation and education, the right to be spoken in a language they understand, to have interviews with trained officials not in a uniform, etc.; calls on the Member States to end detention of children because they are migrants.
Amendment 726 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 d (new)
Paragraph 47 d (new)
47 d. Calls on the Member States to ensure that refugee and migrant children enjoy rapid and non-discriminatory access to national services, including child protection systems, in line with the provisions of the UN Convention on the Rights of the Child with the same level of care and support recognised to national children deprived of parental care; calls on Member States to gather disaggregated data on the situation of refugee and migrant children in order to improve the ability of systems to integrate refugee and migrant children;
Amendment 727 #
2015/2095(INI)
Motion for a resolution
Paragraph 47 e (new)
Paragraph 47 e (new)
47 e. Believes that age assessment should be carried out in a manner that is multi- disciplinary, safe and in respect of children's physical integrity and human dignity, with particular attention to girls and should be performed by independent, qualified practitioners and experts; calls for legal guardians to be appointed to support unaccompanied and separated children immediately upon identification and calls on the Member States to speed up procedures for appointing legal guardians
Amendment 743 #
2015/2095(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
48. UnderstandReiterates 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;
Amendment 749 #
2015/2095(INI)
Motion for a resolution
Paragraph 48 a (new)
Paragraph 48 a (new)
48 a. Recalls the importance of readmission agreements for a proper and just functioning of the Common European Asylum System and the Schengen area, along with a strengthened role of Frontex in joint return operations;
Amendment 763 #
2015/2095(INI)
Motion for a resolution
Paragraph 49 a (new)
Paragraph 49 a (new)
49 a. Reiterates that the Union databases, such as EURODAC and SIS II capabilities should be fully used in this regard;
Amendment 773 #
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; recalls no child should be returned without a thorough risk assessment, conducted by independent child protection officer, and based on Country of Origin Information reports in cooperation with non-governmental, local and international organisation to ensure protection and reintegration after their return;
Amendment 849 #
2015/2095(INI)
Motion for a resolution
Paragraph 58
Paragraph 58
58. Recommends that EASO be developed, in the long term, into a principal coordinator of the CEAS with a view to guaranteeing common application of the rules of that system, in particular taking into account the overhaul of the Dublin III regulation; reiterates that, as the CEAS becomes genuinely European, EASO needs to develop from a collection of experts from Member States into a fully- fledged Union agency providing operational support to Member States and at the external borders; emphasises, in that regard, that it must be provided with the necessary funding and human resources in the short, medium and long term;
Amendment 893 #
2015/2095(INI)
Motion for a resolution
Paragraph 64 a (new)
Paragraph 64 a (new)
64 a. Notes that the New Schengen Evaluation Mechanism is a key tool to ensure high common standards and that it should be vigorously used by the European Commission;
Amendment 906 #
2015/2095(INI)
Motion for a resolution
Paragraph 65 a (new)
Paragraph 65 a (new)
65 a. Recognizes Member-States competence to reintroduce internal border controls, while underlining that such measure is temporary in nature, requires articulation between Member States and should be used as a measure of last resort; regrets that isolated measures have been preferred to European action.
Amendment 1030 #
2015/2095(INI)
Motion for a resolution
Paragraph 85 a (new)
Paragraph 85 a (new)
85a. Welcomes the commitments taken at the Valletta summit which recognise the need to give hope and opportunities to young people, and to protect children from violence and abuse;
Amendment 61 #
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 makingmake full use of these;
Amendment 106 #
2015/2063(INI)
Motion for a resolution
Recital H
Recital H
H. whereas it is essential that fundamental rights and civil liberties be respected in all measures undertaken by the Member States and the European Union; whereas the security of European citizens is not incompatible with guaranteeing their freedoms; whereas, indeed, these two principles are two sides of the same coin;
Amendment 183 #
2015/2063(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Commission to publish guidelines based on best practices on measures to be implemented in Europe'san prisons aimed at preventing Europeans from becoming radicalised; recommends that the Member States segregate radicalised inmates within their prisons in order to prevent radicalism from being imposed through intimidation on other inmatesradicalisation of prisoners; believes that the Member States should consider the isolation of radicalised inmates within their prisons in order to prevent and to contain radicalisation in those institutions;
Amendment 193 #
2015/2063(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Supports the establishment of specialised European training for prison staff, including by CEPOL, in order to teach them to detect and prevent 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 discourse;
Amendment 237 #
2015/2063(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that the internet playis used as a significant role inplatform for fuelling the radicalisation of European citizensand fundamentalism, 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 giancompanies, hotlines and experts with a view to preventing the online distribution of hate messages and to eradicating them swiftly;
Amendment 259 #
2015/2063(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. FeelBelieves that the internet giants should be made aware of their responsibilities so that theyindustry should take their shared responsibility in deleteing 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, in respect of freedom of expression;
Amendment 270 #
2015/2063(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Feels, however,Stresses that the internet is an effective platform for spreading discourse opposed to hate speech and praise for terrorismf respect of human rights and fundamental freedoms and opposed to violence; calls on the digital giantplatforms to cooperate with the Member States in order to take part in the spread of prevention messages calling for the development of critical thinking and for a process of deradicalisationidentify innovative legal ways for countering praise of terrorism and hate speech, thereby making online radicalisation more difficult;
Amendment 288 #
2015/2063(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 304 #
2015/2063(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Supports the introduction of measures enabling all internet users to easily and quickly flag illegal content circulating on the internet and on social media networks easily and quicklyand to report it to competent authorities, including through hotlines, while respecting basic freedoms and freedom of expression;
Amendment 317 #
2015/2063(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Feels that everyEncourages Member State shoulds to set up a special unit tasked with flagging illicit contenthate speech and praise and recruitment for terrorism 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 could cooperate with a European unit responsible for dealing with flaggingthe EU-anti terrorism coordinator and the European Counter-Terrorism Centre within Europol;
Amendment 390 #
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 communities 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, particularly when they are around prisoners deemed to be radicalisedand to prevent radicalisation; stresses the important role that religious communities can play in countering fundamentalism, hate speech and terrorism propaganda;
Amendment 404 #
2015/2063(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of identifying the root causes of radicalisation, that are not always religious; calls on the Member States to work for more effective integration policies, to ensure a better inclusion in the labour market for young people, and to promote a culture of tolerance and respect among different communities and freedom of religion.
Amendment 533 #
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 unlessentry and exit in the EU unless Member States implement the mandatory and systematic controls are introducedforeseen on the European Union's external borders; calls on the Member States to make a good use of existing instruments such as SIS and VIS, including in reference to stolen, lost and falsified passports; states that, to this end, one of the European Union's priorities must be reformingto better enforce the Schengen Code;
Amendment 551 #
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 the possibility of Member States confiscating the passports of EU citizens planning to join terrorist organisations, according to their National Constitutions;
Amendment 199 #
2015/0310(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) The European Border and Coast Guard Agency should develop specific training tools and it should provide training at Union level for national instructors of border guards and additional training and seminars related to control at external borders and return of third-country nationals illegally staying on the territory of Member States for officers of the competent national bodies. While developing training tools and providing trainings, special attention should be given to training on children’s rights. The Agency should be authorised to organise training activities in cooperation with Member States and third countries on their territory.
Amendment 359 #
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 rescueincluding search and rescue operations at sea;
Amendment 373 #
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 rescueincluding search and rescue operations at sea;
Amendment 437 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. The Agency shall prepare general and tailored risk analyses and submit it to the Council and, the Commission and the European Parliament.
Amendment 444 #
2015/0310(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. The risk analysis prepared by the Agency shall cover all aspects relevant to the European integrated border management, within its mandate, in particular border control, return, asylum, irregular secondary movements of third- country nationals within the Union, the prevention of cross-border crime including facilitation of irregular immigration, trafficking in human being and terrorism, as well as the situation in neighbouring third countries with a view to developing a pre-warning mechanism which analyses the migratory flows towards the Union.
Amendment 467 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. The Executive Director shall appoint experts from the staff of the Agency to be deployed as liaison officers. The Executive Director shall, based on risk analysis and in consultation with the Management Board, determincide the nature of the deployment, the Member State to which athe liaison officer maywill be deployed and the duration of the deployment. The Executive Director shall notify the Member State concerned of the appointment and shall determine, together with the Member State, the location of deployment.
Amendment 469 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – introductory part
Article 11 – paragraph 3 – introductory part
3. The liaison officers shall act on behalf of the Agency and their role shall be to foster cooperation and dialogue between the Agency and the national authorities which are responsible for border management, including coast guards to the extent that they carry out border control tasks. The liaison officers shall, in particular:
Amendment 471 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 3 – point a a (new)
Article 11 – paragraph 3 – point a a (new)
(aa) support the collection of information required by the Agency for the monitoring of irregular migration and risk analysis referred in Article 10;
Amendment 481 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. For the purposes of paragraph 3, the liaison officer shall, inter alia:
Amendment 486 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point a
Article 11 – paragraph 4 – point a
(a) have unlimited access to the national coordination centre andaccess to the national situational picture established in accordance with Regulation (EU) No 1052/2013;
Amendment 488 #
2015/0310(COD)
Proposal for a regulation
Article 11 – paragraph 4 – point b
Article 11 – paragraph 4 – point b
Amendment 502 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. TAs a preventive measure, the Agency shall assess the technical equipment, systems, capabilities, resources and contingency plans of the Member States regarding border control. That assessment shall use objective criteria defined by the Management Board and 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 515 #
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 Agency to assess preventively 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). That assessmentIn case of possible immediate consequences at the external borders and subsequent consequences on the functioning of the Schengen area, that assessment shall take into account and is without prejudice to the Schengen evaluation mechanism.
Amendment 526 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 531 #
2015/0310(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
5. The Executive Director shall, on the basis of the vulnerability assessment, the Schengen evaluation mechanism, in particular any recommendations adopted, and the Agency's risk analysis, adopt a decision setting out the necessary corrective measures to be taken by the Member State concerned, including by using resources under the Union financial instruments. The decision of the Executive Director shall be binding on the Member State and shall lay down the time-limit within which the measures are to be taken.
Amendment 609 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The Executive Director, in coordination with other relevant Union Agencies, shall assess the request for assistance of a Member State and the assessment of its needs for the purpose of defining a comprehensive reinforcement package consisting of various activities coordinated by the relevant Union Agencies to be agreed upon by the Member State concerned. Teams shall include child protection experts when children are involved.
Amendment 624 #
2015/0310(COD)
Proposal for a regulation
Article 17 – paragraph 3 – point b
Article 17 – paragraph 3 – point b
(b) the provision of information to persons in clear need of international protection or to applicants or potential applicants for relocation, giving particular attention to children;
Amendment 646 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1
Article 18 – paragraph 1 – subparagraph 1
Where a Member State does not take the necessary corrective measures in accordance with a decision of the Management Board referred to in Article 12(6) or in the event of disproportionate migratory pressure at the external border, rendering the control of the external borders ineffective to such an extent that it risks putting in jeopardy the functioning of the Schengen area, the Commission, after consulting the Agency, may adopt a decision by means of an implementing act, the Commission, after consulting the Agency, and taking into account the Schengen Evaluation Mechanism, may present to the Council a proposal for a decision, identifying the measures to be implemented by the Agency and requiring the Member State concerned to cooperate with the Agency in the implementation of those measures. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 79(2)Such decision shall be adopted by the Council by qualified majority, immediately following the receipt of the Commission proposal.
Amendment 653 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 1 – subparagraph 1 a (new)
Article 18 – paragraph 1 – subparagraph 1 a (new)
The European Parliament shall be kept informed without delay, in particular it shall be transmitted the proposal of the Commission and Decision of the Council referred in paragraph 1.
Amendment 683 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 7 a (new)
Article 18 – paragraph 7 a (new)
7a. If the Member State concerned does not comply with the Council decision and does not sufficiently cooperate with the Agency, temporary reintroduction of border control at internal borders can be put in place if the overall functioning of the area without internal border control is at risk.
Amendment 685 #
2015/0310(COD)
Proposal for a regulation
Article 18 – paragraph 7 b (new)
Article 18 – paragraph 7 b (new)
7b. Paragraph 7a shall be triggered following articles 26, 26.-A and 27 of Regulation 562/2006 of the European Parliament and the Council.
Amendment 806 #
2015/0310(COD)
Proposal for a regulation
Article 33 – paragraph 1
Article 33 – paragraph 1
1. The European Border and Coast Guard shall guarantee the protection of fundamental rights in the performance of its tasks under this Regulation in accordance with relevant Union law, in particular the Charter of Fundamental Rights of the European Union, relevant international law, including the United Nations Convention on the Rights of the Child, Convention Relating to the Status of Refugees and obligations related to access to international protection, in particular the principle of non-refoulement. For that purpose, the Agency shall draw up and further develop and implement a Fundamental Rights Strategy, with particular attention to children's rights so as to ensure that the best interests of the child is respected in all operations.
Amendment 818 #
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, in particular unaccompanied minors and children with disabilities, 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 827 #
2015/0310(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. The Agency shall draw up and further develop a Code of Conduct applicable to all border control operations coordinated by the Agency. The Code of Conduct shall lay down procedures intended to guarantee the principles of the rule of law and respect for fundamental rights with particular focus on children, unaccompanied minors and persons in a vulnerable situation, as well as on persons seeking international protection, applicable to all persons participating in the activities of the Agency.
Amendment 832 #
2015/0310(COD)
Proposal for a regulation
Article 35 – paragraph 1
Article 35 – paragraph 1
1. The Agency shall, in cooperation with the appropriate training entities of the Member States, develop specific training tools, including child specific measures when children are involved, and provide border guards and other relevant staff who are members of the European Border and Coast Guard Teams with advanced training relevant to their tasks and powers. Experts from the staff of the Agency shall conduct regular exercises with those border guards in accordance with the advanced training and exercise schedule referred to in the annual work programme of the Agency.
Amendment 1151 #
2015/0310(COD)
Proposal for a regulation
Article 72 – paragraph 9 – subparagraph 2
Article 72 – paragraph 9 – subparagraph 2
The Agency shall ensure that the standardized complaint form is available in most common languages, and that it shall be made available on the Agency’s website and in hardcopy during all activities of the Agency. Special information tailored to children shall be provided in a clear and child-friendly way to facilitate their access to the complaints mechanism. Complaints shall be considered by the Fundamental Rights Officer even when they are not submitted in the standardized complaint form.
Amendment 30 #
2015/0307(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Control atnd protection of external borders remains one of the main safeguards of the area without controls at internal bordersUnion. It is carried out in the interest of all Member States. One of the purposes of such controls is to prevent any threat to the Member States' internal security and public policy, irrespectively of the origin of such threat.
Amendment 66 #
2015/0307(COD)
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) Member States should exchange data, regularly update their existing relevant databases, make full use of existing information systems and establish the necessary technical connections to all information systems and databases, in accordance with their legal bases and obligations. Member States should, in this regard, exchange best practices with each other.
Amendment 71 #
2015/0307(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Since the objective of this Regulation, namely reinforcing the checks against databases at external borders of the European Union in reply in particular to the increase of the terrorist threat concerns one of the safeguards of the area without internal border control and as such concerns the proper functioning of the Schengen area, it 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 Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 75 #
2015/0307(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Member States that are not in the Schengen area and whose borders constitute the external borders should be fully integrated into the Schengen Information System in order to conduct better border management and help preserve the security of the Union.
Amendment 184 #
2015/0288(COD)
Proposal for a directive
Recital 32
Recital 32
(32) In order to increase legal certainty for sellers and overall consumer confidence in cross-border purchases it is necessary to harmonise the period during which the seller is held liable for any lack of conformity which exists at the time when the consumer acquires the physical possession of goods. As the lifespan of the goods varies significantly, the period during which the seller is held liable and the consumer is entitled to exercise remedies should therefore vary accordingly. Considering that the large majority of Member States have foreseen a two-year period when implementing Directive 1999/44 and in practice this is considered by market participants as a reasonable period, this period should be maintainednot be shorter than two years.
Amendment 367 #
2015/0288(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
The consumer shall be entitled to a remedy for the lack of conformity with the contract of the goods where the lack of conformity becomes apparent within two years as from the relevant time for establishing conformity. If, under national legislation, the rights laid down in Article 9 are subject to a limitation period, that period shall not be shorter than two years from the relevant time for establishing conformity with the contract. Notwithstanding the first subparagraph, if the lack of conformity with the contract becomes apparent after two years from the relevant time for establishing conformity, the consumer shall be entitled to exercise the right to a remedy within one year from the time when the consumer becomes aware of the lack of conformity.
Amendment 44 #
2015/0287(COD)
Proposal for a directive
Recital 14
Recital 14
(14) As regards digital content supplied not in exchange for a price but against counter-performance other than money, this Directive should apply only to contracts where the supplier requests and the consumer activeconsciously provides data for the content supplied, such as name and e- mail address or photos, directly or indirectly to the supplier for example through individual registration or on the basis of a contract which allows access to consumers' photos. The contract should explicitly indicate which data are given in exchange for the content supplied. This Directive should not apply to situations where the supplier collects data necessary for the digital content to function in conformity with the contract, for example geographical location where necessary for a mobile application to function properly, or for the sole purpose of meeting legal requirements, for instance where the registration of the consumer is required for security and identification purposes by applicable laws. This Directive should also not apply to situations where the supplier collects information, including personal data, such as the IP address, or other automatically generated information such as information collected and transmitted by a cookie, without the consumer actively supplying it, even if the consumer accepts the cookie. It should also not apply to situations where the consumer is exposed to advertisements exclusively in order to gain access to digital content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679.
Amendment 54 #
2015/0287(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The protection of individuals with regard to the processing of personal data is governed by Directive 95/46/EC of the European Parliament and of the Council31by Regulation (EU) 2016/679 and by Directive 2002/58/EC of the European Parliament and of the Council32 which are fully applicable in the context of contracts for the supply of digital content. Those Directivelegal acts already establish a legal framework in the field of personal data in the Union. The implementation and application of this Directive should be made in full compliance with that legal framework. _________________ 312 OJ L 2801, 23/11/1995, p. 31 - 50) [to be replaced by the General Data Protection Regulation, once adopted]. 3231.7.2002, p. 37–47. OJ L 201, 31.7.2002, p. 37–47.
Amendment 56 #
2015/0287(COD)
Proposal for a directive
Recital 25
Recital 25
(25) In cases where the contract does not stipulate sufficiently clear and comprehensive benchmarks, adjusted to the consumers it is dedicated for, to ascertain the conformity of the digital content with the contract, it is necessary to set objective conformity criteria to ensure that consumers are not deprived of their rights. In such cases the conformity with the contract should be assessed considering the purpose for which digital content of the same description would normally be used and the legitimately expected technical standards which digital content of the same description would normally have.
Amendment 62 #
2015/0287(COD)
Proposal for a directive
Recital 27
Recital 27
(27) While data-driven services and technologies bring significant benefits, they also create some vulnerabilities. As recognised by the Digital Single Market Strategy a high level of network and information security is essential across the European Union to ensure respect of fundamental rights such as the right to privacy and personal datathe right to the protection of personal data online and offline, to increase user confidence and strengthen their trust in the digital economy. As software becomes pervasive, qualities such as reliability, security and adaptability to evolving needs are also becoming a prime concern. It is therefore increasingly important that those data-driven services and technologies ensure that those qualities are guaranteed, to the extent that is proportionate to the role and function those technologies play. In particular, quality in terms of security and reliability is becoming an important concern for innovative, composite services that have to rely on the interconnection of diverse systems in different domains.
Amendment 71 #
2015/0287(COD)
Proposal for a directive
Recital 37
Recital 37
(37) As a second step, the consumer should be entitled to have the price reduced or the contract terminated. The right of a consumer to have the contract terminated should be limited to those cases where for instance bringing the digital content to conformity is not possible and the non- conformity impairs the main performance features of the digital content. Where the consumer terminates the contract, the supplier should reimburse the price paid by the consumer or, where the digital content is supplied not in exchange for a price but against access to data provided by the consumer as a counter-performance for the digital content supplied or data produced by the consumer during the duration of the contract, the supplier should refrain from using it, from transferring that data to third parties or allowing third parties to access it after termination of the contract. Fulfilling the obligation to refrain from using data should mean in the case when the counter- performance consists of personal data, that the supplier should take all measures in order to comply with data protection rules by deleting it or rendering it anonymous in such a way that the consumer cannot be identified by any means likely reasonably to be used either by the supplier or by any other person. If personal data protection technics, such as pseudonimisation, as prescribed in the Regulation (EU) 2016/679 are used by the supplier, only after the request made by the consumer, the supplier should refrain from using these data. Without prejudice to obligations of a controller under Directive 95/46/ECRegulation (EU) 2016/679 the supplier should not be obliged to undertake any further steps in relation to data which the supplier has lawfully provided to third parties in the course of the duration of the contract for the supply of the digital content.
Amendment 75 #
2015/0287(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Upon termination the supplier should also refrain from using the content generatproduced by the consumer. However, in those cases where more than one consumer generatproduced particular content, the supplier is entitled to continue to use the content generatproduced by the consumer where those other consumers make use of it.
Amendment 77 #
2015/0287(COD)
Proposal for a directive
Recital 39
Recital 39
(39) In order to ensure that the consumer benefits from effective protection in relation to the right to terminate the contract, the supplier, on request made by the consumer, should allow the consumer to retrieve all data uploaded by the consumer, or produced by the consumer with the use of the digital content or generated through the consumer's use of the digital content. This obligation should extend to data which the supplier is obliged to retain under the contract for the supply of the digital content as well as to data which the supplier has effectively retained in relation to the contract.
Amendment 98 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. This Directive shall apply to any contract where the supplier supplies digital content to the consumer or undertakes to do so and, in exchange, a price is to be paid or the consumer actively provides counter-performance other than money in the form of personal data or any other data.
Amendment 101 #
2015/0287(COD)
Proposal for a directive
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
1 a. It shall also apply to contracts where personal data, as defined in Article 4(1) of Regulation (EU) 2016/679, are consciously provided by the consumer as a counter-performance other than money. The contract shall explicitly indicate which data are exchanged for the content supplied.
Amendment 118 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The contract shall include all relevant characteristics for the assessment of the conformitity of the digital content, as well as all relevant information regarding the processing of personal data in compliance with the obligation under Regulation (EU) 2016/679. In order to conform with the contract, the digital content shall, where relevant:
Amendment 125 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. To the extent that the contract does not stipulate, where relevant, in a clear and comprehensive manner, the requirements for the digital content under paragraph 1, the digital content shall be fit for the purposes for which digital content of the same description would normally be used and in line with the legitimately expected technical standards, including its functionality, interoperability and other performance features such as accessibility, continuity and security, taking into account:
Amendment 127 #
2015/0287(COD)
Proposal for a directive
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) whether the digital content is supplied in exchange for a price or other counter-performance than money, by providing personal data or any other data;
Amendment 145 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point b
Article 13 – paragraph 2 – point b
(b) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of personal data as the counter- performance other than money which the consumer has consciously provided in exchange for the digital content and any other data collectproduced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer with the exception of the content which has been generatproduced jointly by the consumer and others who continue to make use of the content. In relation to the prossessing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 149 #
2015/0287(COD)
Proposal for a directive
Article 13 – paragraph 2 – point c
Article 13 – paragraph 2 – point c
(c) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent that data has been retained by the supplier. The consumer shall be entitled to retrieve the content free of charge, without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format;
Amendment 164 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point a
Article 16 – paragraph 4 – point a
(a) the supplier shall take all measures which could be expectednecessary measures in order to refrain from the use of otherpersonal data as counter-performance other than money which the consumer has provided in exchange for the digital content and any other data collectprovided or produced by the suppliconsumer in relation to the supplyuse of the digital content including any content provided by the consumer, with the exception of the content which has been produced jointly by the consumer and others who continue to make use of the content. In relation to the processing of personal data provided or generated by the user, or collected in any other way, the supplier shall comply with the obligations applicable under Regulation (EU) 2016/679;
Amendment 169 #
2015/0287(COD)
Proposal for a directive
Article 16 – paragraph 4 – point b
Article 16 – paragraph 4 – point b
(b) the supplier, on request made by the consumer, shall provide the consumer with technical means to retrieve all any content provided by the consumer and any other data produced or generated through the consumer's use of the digital content to the extent this data has been retained by the supplier. The consumer shall be entitled to retrieve the content without significant inconvenience, in reasonable time and in a commonly used dataand machine-readable format; and
Amendment 173 #
2015/0287(COD)
Proposal for a directive
Article 19 a (new)
Article 19 a (new)
Article 19 a Data Protection Processing of personal data carried out in the context of activities conducted pursuant to this Directive shall comply with the obligations under Regulation (EU) 2016/679 and Directive 2002/58/EC.
Amendment 63 #
2015/0281(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The UN Security Council Resolution (UNSCR) 2178 (2014) on threats to international peace and security caused by terrorist acts adopted on 24 September 2014 sets out a set of measures to combat the phenomenon of the Foreign Terrorist Fighters and requires to establish in the national laws of the Member States of the UN penalisation as serious criminal offences: travel or attempted travel to a third country with the purpose of contributing to the commission of terrorist acts or to providing or receiving of training; the funding of such travel and the organisation or facilitation of such travel.
Amendment 65 #
2015/0281(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) An Additional Protocol to the Council of Europe Convention on the prevention of terrorism adopted in May 2015 introduced a requirement of criminalisation of participation in an association or group for the purpose of terrorism, receiving training for terrorism, travelling or attempting to travel for terrorist purposes, providing or collecting funds for such travels and organising and facilitating such travels. The Union signed the Additional Protocol as well as the Convention on 22 October 2015.
Amendment 70 #
2015/0281(COD)
Proposal for a directive
Recital 4
Recital 4
(4) The terrorist threat has grown and rapidly evolved in recent years. Individuals referred to as "foreign terrorist fighters" travel abroad for terrorism purposes. Returning foreign terrorist fighters pose a heightened security threat to all EU Member States. Foreign terrorist fighters have been linked to several recent attacks or plots, including the attacks in Paris on 13 November 2015 and in Brussels on 22 March 2016. In addition, the European Union and its Member States face increased threats from individuals residing in the EU but inspired or instructed by terrorist groups from abroad but who remain within Europe, or by returning foreign terrorist fighters.
Amendment 111 #
2015/0281(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Considering the seriousness of the threat and the need to in particular stem the flow of foreign terrorist fighters, it is necessary to criminalise the travelling abroad for terrorist purposes, being not only the commission of terrorist offences and providing or receiving training but also to participate in the activities of a terrorist group. Any act of facilitation of such travel should also be criminalised. Introduced rules and regulations in that matter should respect human rights obligation and should exclude any form of discrimination, as well as respect the principle of proportionality.
Amendment 138 #
2015/0281(COD)
Proposal for a directive
Recital 13
Recital 13
(13) With regard to the criminal offences provided for in this Directive, the notion of intention must apply to all the elements constituting those offences. The intentional nature of an act or omission mayshould be inferred from objective, factual circumstances.
Amendment 165 #
2015/0281(COD)
Proposal for a directive
Recital 16
Recital 16
(16) Member State should adopt specific measures of protection, support and assistance responding to the specific needs of victims of terrorism, further qualifying and deepening the rights already contained in the Directive 2012/29/EU of the European Parliament and the Council28 . Victims of terrorism are those defined in Article 1 of the Directive 2012/29/EU, in relation to terrorist offences as referred to in Article 3. The measures to be taken by Member States should ensure that in the event of a terrorist attack, the victims of terrorism will obtain emotional and psychological support, including trauma support and counselling, and any relevant legal, practical or financial information, and advice or adequate aid. __________________ 28 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA of 15 March 2001(OJ L 315, 14.11.2012 p. 37).
Amendment 218 #
2015/0281(COD)
Proposal for a directive
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) unduly compellingsing violence or the threat of violence to compel or seek to compel a Government or international organisation to perform or abstain from performing any act,
Amendment 263 #
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 one of the offences listed in points (a) to (h) of Article 3(2), or in Article 4 by any means, including Internet, is punishable as a criminal offence when committed intentionally.
Amendment 300 #
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 providing or collecting funds, by any means, directly or indirectly, with the intent that they should be used, or knowing that they are to be used, in full or in part, to commit any of the offence(s) referred to in Articles 3 to 10 and 12 to 14 or 16 is punishable as a criminal offence when committed intentionally. Such funds and means should be subject to confiscation and freezing of assets legislation.
Amendment 310 #
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 of false administrative documents, with special attention to the travel documents, with a view to committing one of the offences listed in points (a) to (h) of Article 3(2) and point (b) of Article 4 is punishable as a criminal offence when committed intentionally.
Amendment 331 #
2015/0281(COD)
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Each Member State shall take the necessary measures to ensure that inciting an offence referred to in Articles 3 to 14, which may be inferred from objective, factual circumstances, is made punishable.
Amendment 358 #
2015/0281(COD)
Proposal for a directive
Article 21 – paragraph 5 a (new)
Article 21 – paragraph 5 a (new)
5a. Member States shall ensure cooperation and information sharing with the Member State that established its jurisdiction over the offences referred to in Articles 3 to 14 and 16 through established channels, including the Union agencies.
Amendment 410 #
2015/0281(COD)
Proposal for a directive
Article 23 a (new)
Article 23 a (new)
Article 23a Fundamental rights and non- discrimination 1. This Directive shall be implemented without prejudice to and in respect with fundamental rights and freedoms as enshrined in the Charter of the Fundamental Rights of the European Union and Articles 2 and 6 of the Treaty on European Union. 2. This Directive shall be implemented with respect to principle of proportionality and shall exclude any form of arbitrariness and discrimination.
Amendment 415 #
2015/0281(COD)
Proposal for a directive
Article 23 b (new)
Article 23 b (new)
Article 23b Cooperation and information exchange 1. Member States shall ensure introducing an obligation to cooperate and to exchange information with other Member States regarding the offences referred to in Articles 3 to 14 and Article 16. 2. Member State shall ensure introducing an obligation to cooperate with and to transmit information regarding the offences referred to in Articles 3 to 14 and Article 16 relevant for other Member States via the Union agencies, i.e. Europol and Eurojust, recognizing their leading role in the coordination process.
Amendment 434 #
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], submit a report to the European Parliament and to the Council, assessing the impact and added value of this Directive on combating terrorism and its impact on fundamental rights and freedoms. The Commission shall take into account the information provided by Member States under Decision 2005/671/JHA.
Amendment 34 #
2015/0125(NLE)
Proposal for a decision
Recital 5
Recital 5
(5) In its resolution of 28 April 2015, the European Parliament reiterated the need for the Union to base its response to the latest tragedies in the Mediterranean on solidarity and fair sharing of responsibility and to step up its efforts in this area towards Member States which receive the highest number of refugees and applicants for international protection in either absolute or proportional terms and called for a binding mechanism of distribution of refugees among Member States.
Amendment 92 #
2015/0125(NLE)
Proposal for a decision
Recital 26
Recital 26
(26) In addition, in order to decide which specific Member State should be the Member State of relocation, specific account should be given to the specific qualifications of the applicants concerned which could facilitate their integration into the Member State of relocation, such as their language skills and other specific competences and skills that could be relevant for the labour market of the Member State of relocation. Member States should therefore facilitate an effective recognition of diplomas, qualifications and skills of asylum seekers. In the case of particularly vulnerable applicants, consideration should be given to the capacity of the Member State of relocation to provide adequate support to those applicants.
Amendment 104 #
2015/0125(NLE)
Proposal for a decision
Recital 27
Recital 27
(27) The appointment by Member States of liaison officers in Italy and Greece should facilitate the effective implementation of the relocation procedure, including the appropriate identification of the applicants to be relocated, taking into account in particular their vulnerability and their specific qualifications and skills.
Amendment 111 #
2015/0125(NLE)
Proposal for a decision
Article 1
Article 1
This Decision establishes binding provisional measures in the area of international protection for the benefit of Italy and Greece in view of enabling them to cope with an emergency situation characterised by a sudden inflow of nationals of third countries in those Member States.
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 115 #
2014/2254(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, following recent terrorist attacks on EU territory, fundamental rights are at risk of being seriously compromised in the name of a supposed need for tighter securityit is important to find the right balance between the respect of fundamental rights and ensuring security of citizens;
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 288 #
Amendment 337 #
2014/2254(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Council and the European Commission to relaunch the negotiations on the revision of Regulation 1049/2001 on public access to documents of EU institutions;
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 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 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 662 #
2014/2254(INI)
Motion for a resolution
Paragraph 14 – indent 2
Paragraph 14 – indent 2
– improve legal avenues for refugees; calls on all Member States to participate to EU resettlement programmes;
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 2 #
2014/2243(INI)
Draft opinion
Recital A
Recital A
A. whereas Remotely Piloted Aircraft Systems (RPAS) can be used for a range of civil (non-military) purposes, such as critical infrastructure and civil protection, disaster management and search and rescue, environmental protection, law enforcement and surveillance, intelligence, journalism, commercial activities and leisure;
Amendment 7 #
2014/2243(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the ever decreasing size of RPAS components will lead to more portable and undetectable devices, and technologies such as cameras are highly enhanced by RPAS, posing new challenges to data protection, privacy and security of citizens;
Amendment 12 #
2014/2243(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. Whereas greater access to RPAS by consumers will also have enormous societal effects, changing deeply our commercial and private interactions;
Amendment 15 #
2014/2243(INI)
Draft opinion
Recital B c (new)
Recital B c (new)
Bc. whereas it is key that the EU can play a decisive role in setting international standards, it shall take into account national stakeholders and practitioners, especially with regard to Law enforcement and intelligence;
Amendment 22 #
2014/2243(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Reiterates that when personal data are processed by RPAS operated in the EU, including for law enforcement purposes and leisure, the right to the protection of personal data enshrined in Article 8 of the Charter of Fundamental Rights of the EU and Article 16 of the Treaty on the Functioning of the European Union (TFEU) applies and that the EU legal framework for data protection is to be fully complied with;
Amendment 30 #
2014/2243(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines the economic importance of this sector and calls for policies that protect privacy and ensure data protection while not imposing disproportionate burdens on SMEs;
Amendment 33 #
2014/2243(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Considers that particular emphasis should be given to identification and traceability, as it may be essential to ensure security and the enforceability of individual rights;
Amendment 50 #
2014/2243(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Strongly recommends that the Commission presents a Communication dedicated exclusively to the impacts on Justice and Home Affairs, namely on data protection, privacy , security, Law enforcement and Intelligence.
Amendment 2 #
2014/2241(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges the importance of the tourism sector for the EU and its internal market, and stresses its potential as a driver of socio-economic growth and, job creation and new business opportunities;
Amendment 23 #
2014/2241(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the EU should be ready to tap the potential of third countries with a large population and an emerging middle class, particularly the BRIC countries, where the number of outbound tourists is rising; points out the need for initiatives aimed at promoting tourism and for more flexibility in tourist visa arrangements; considers it advisable, while respecting the Member States' rights and duty to control entry across its own borders, for the European institutions and the Member States to develop, in the context of the common visa policy, a long-term strategy for more coordinated and simplified visa procedures;
Amendment 33 #
2014/2241(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the role of consumers now goes beyond research with a view to purchasing travel – and other connected services – and obtaining diverse information about their destination, with the role of consumers now including the area of criticism/opinion and advertising; the digital experience is, therefore, increasingly significant;
Amendment 39 #
2014/2241(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the recent ECC-Net: Travel application produced by the European Consumer Centres Network;
Amendment 50 #
2014/2241(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to have a more coordinated approach among Member States in tourism-related policy areas, such as innovation, transport, taxation, the environment, consumer protection, service quality and the visa regime, while respecting the principle of subsidiarity; notes that the Member States’ different regulatory frameworks directly affect tourism companies and could have a distorting effect on the market;
Amendment 51 #
2014/2241(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses the need to have a more coordinated approach among Member States in tourism-related policy areas, such as innovation, transport, taxation, service quality and the visa regime, while respecting the principle of subsidiarity; urges the Commission to monitor more precisely the implementation of the Services Directive in the Member States with regard to tourism;
Amendment 57 #
2014/2241(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Asks for improved mutual recognition by the Member States of professional qualifications in the tourist industry, in order to allow those already working in the sector and those planning to do so to find the best job opportunities and to foster their mobility in the industry; believes that this would help tackle the problems of the seasonal nature of work in this sector, on the one hand, and undeclared work on the other;
Amendment 64 #
2014/2241(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses thate importance of a sustainable and responsible European tourism sector that promotes the competitiveness of the sector’s companies; the constant rise in the number of travellers calls for the development of more sustainable and energy-efficient means of travel and accommodation, in order to create environmentally and economically sustainable destinations and keep in mind that environmental sustainability also covers the preservation of local cultures, their traditions, and the preservation and enhancement of heritage, fostering best practice, and seeking a tourism that satisfies and benefits both those who travel, and the destination and local community; urges the Commission to accelerate the implementation of the Nearly Zero Energy Hotels (neZEH) initiative, in order to make hotels self- sustaining and energy-efficient;
Amendment 76 #
2014/2241(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that tourism services should provide consumers with accurate information and not mislead or misinform them.companies providing services in the tourism sector should provide consumers with clear and specific information and not mislead consumers; the information should be legible and written in comprehensible terms, without applying practices or contractual conditions that discriminate against consumers, or create mistrust in the EU internal market and, particularly, in online purchases; consumer trust in companies providing services in the tourism sector also involves companies making available to consumers alternative means of resolving consumer disputes that are simple, effective, quick and economical;
Amendment 88 #
2014/2241(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the need that should be given to vulnerable consumers in the area of tourism, with regard, not just to safety and accessibility, but also to access to information and protection of their rights;
Amendment 99 #
2014/2241(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Highlights the need for travel agents and tour operators to promote the European emergency number, ‘112’, on the relevant websites and e-tickets, as well as in our main tourist destinations;
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 6 #
2014/2215(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- Having regard to Regulation (EU) No 656/2014 of the European Parliament and of the Council of May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union,r joint return operations coordinated by frontex;
Amendment 15 #
2014/2215(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a.Whereas Regulation (EU) No 656/2014 of the European Parliament and of the Council of May 2014 establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, requires that when coordinating border surveillance operations at sea, the Agency should fulfil its tasks in full compliance with relevant Union law, including the Charter of Fundamental Rights of the European Union (‘the Charter’), and relevant international law, in particular he United Nations Convention on the Law of the Sea, the International Convention for the Safety of Life at Sea, the International Convention on Maritime Search and Rescue, the United Nations Convention against Transnational Organized Crime and its Protocol against the Smuggling of Migrants by Land, Sea and Air, the United Nations Convention relating to the Status of Refugees, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the International Covenant on Civil and Political Rights, the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the United Nations Convention on the Rights of the Child and other relevant international instruments;
Amendment 16 #
2014/2215(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
A b. Whereas the Union shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe
Amendment 37 #
2014/2215(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
L a. whereas operational plans of Joint Operations of Frontex are legally binding and under article 3a (1) have to be agreed by Frontex Executive Director and the Host Member State, in consultation with the Member States participating;
Amendment 115 #
2014/2215(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises that the above form should be accessible in the most common languages spoken by migrants and asylum seekers and that it should include all necessary information on how to submit a complaint; recalls that the Frontex Regulation 656/2014 already provides the for the availability of shore-based of interpreters, legal adviser and other relevant experts; is of the opinion that the possibility to submit a complaint orally to a person wearing the Frontex emblem should be ensured, which complaint would be duly transcribed by the officer involved; urges Frontex to make the complaints form available both in electronic format on its website and in hard-copy format, in the Member States’ screening centres as well as from Frontex staff and guest officers participating in any Frontex operation;
Amendment 56 #
2014/2158(INI)
Draft opinion
Paragraph 7 – point 1 (new)
Paragraph 7 – point 1 (new)
(1) Calls on the Commission, when conducting public procurement procedures through its Directorates- General and Implementing Agencies, to award more low-value contracts and contracts above EUR 193 000, rather than almost exclusively using framework contracts, which constitute a barrier to opening the public procurement market to European SMEs as they only benefit large companies and consortiums located close to the decision-making centres.
Amendment 22 #
2014/0000(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas the Member States have committed themselves to complete the internal energy market by 2014 and for integrating the ‘energy islands’ into the internal energy market 2015;
Amendment 23 #
2014/0000(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas a fully integrated internal energy market is indispensable for the Union’s overall objectives of energy security and sustainability, and is of crucial value for the Union’s global competitiveness, economic growth and the creation of new jobs, as recognised in the Single Market Act II and the Europe 2020 Strategy;
Amendment 140 #
2014/0000(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
Energy 26a. Calls on the Commission to ensure a functioning internal market with non- discriminatory market access and a high level of consumer protection as well as adequate levels of interconnection capacity and system adequacy;
Amendment 141 #
2014/0000(INI)
Motion for a resolution
Paragraph 26 b (new)
Paragraph 26 b (new)
26b. Reiterates the need for increasing Europe's energy security by diversification of sources and routes of energy and stresses the need of completing as a priority the internal energy market and ending the isolations of energy islands within the European Union;
Amendment 142 #
2014/0000(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. In order to enhance the completion of the internal market, the integration of renewable energy sources and the security of supply, the Member States needs to achieve a minimum target of 10% of electricity interconnection capacity as a matter of urgency, ideally to reach a level of 30%;
Amendment 143 #
2014/0000(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Considers that the liberalisation of gas and electricity markets are fundamental for empowering consumers and calls on the Commission to put consumers at the centre of its EU internal energy market policy;
Amendment 177 #
2013/0091(COD)
Proposal for a regulation
Recital 39
Recital 39
(39) Europol should keep records of collection, alteration, access, disclosure, combination or erasure of personal data for the purposes of verification of the lawfulness of the data processing, self- monitoring and ensuring proper data integrity and security. Europol should be obliged to co-operate with the European Data Protection Supervisor and the Joint Supervisory Authority and make the logs or documentation available upon request, so that they can be used for monitoring processing operations.
Amendment 185 #
2013/0091(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) The European Data Protection Supervisor and national supervisory authorities should co-operate with each other on specific issues requiring national involvement and to ensuresupervise Europol operational data in a coordinated manner to ensure an effective and coherent application of this Regulation throughout the Union.
Amendment 204 #
2013/0091(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘analysis’ means the assembly, processing or use of data with the aim of assisting criminal investigations;careful examination of information to discover its meaning and essential features with the aim of assisting criminal investigations and carrying out any of the other tasks listed in Article 4.
Amendment 209 #
2013/0091(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘recipient’ means a natural or legal person, public authority, agency or any other body to whom data are disclosed, whether a third party or not; however, authorities which may receive data in the framework of a particular inquiry shall not be regarded as recipients;
Amendment 215 #
2013/0091(COD)
Proposal for a regulation
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 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 specified in Annex 1organised crime, terrorism and other forms of serious crime, as specified in Annex I and affecting two or more Member States in such a way to require a common approach by the Member States taking in account the scale, significance and consequences of the offences.
Amendment 225 #
2013/0091(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c – point i
Article 4 – paragraph 1 – point c – point i
(i) carried out jointly with the Member States' competent authorities, either in investigations already started by Member States or as a result of a request from Europol to a Member State to initiate a criminal investigation; or
Amendment 253 #
2013/0091(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Europol may directly cooperate with competent authorities of the Member States in respectthe framework of individual investigations. In that case, Europol shall inform the National Unit without delay and provide a copy of any information exchanged in the course of direct contacts between Europol and the respective competent authoritie being carried out by those authorities provided that this direct contact represents added value with a view to the successful conclusion of the investigation. Europol shall inform the National Unit of the need for such contact in advance. The National Unit shall determine with which competent authorities and under which conditions Europol may have direct contacts and ensure that the lawfulness and quality of the personal data is ensured before it is transmitted to Europol. Europol shall provide, as soon as possible, a copy of the information exchanged through these direct contacts.
Amendment 293 #
2013/0091(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point n a (new)
Article 14 – paragraph 1 – point n a (new)
(na) Appoint a Data Protection Officer;
Amendment 328 #
2013/0091(COD)
Proposal for a regulation
Article 23 – paragraph 1 – point c
Article 23 – paragraph 1 – point c
(c) by private parties in accordance with Article 29(2)32 and private persons in accordance with Article 33.
Amendment 331 #
2013/0091(COD)
Proposal for a regulation
Article 23 – paragraph 2
Article 23 – paragraph 2
2. Europol may directly retrieve and process information, including personal data, from publicly available sources, such as the media, including the internet and public data, if it is ensured that such processing is restricted to what is necessary for achieving Europol's objectives and compliant in particular with the general data protection principles as purpose limitation, data minimisation and effective data retention provisions, in accordance with the data protection provisions of this Regulation.
Amendment 369 #
2013/0091(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall have indirect access on the basis of a hit/no hit system to information provided for the purposes of Article 24(1)(c), without prejudice to any restrictions indicated by the Member States, Union bodies and third countries or international organisations providing the information, in accordance with Article 25(2). In the case of a hit, Europol shall initiate the procedure by which the information that generated the hit may be shared, in accordance with the decision of the Member State that provided the information to Europol.
Amendment 379 #
2013/0091(COD)
Proposal for a regulation
Article 27 – paragraph 5 a (new)
Article 27 – paragraph 5 a (new)
5a. Europol, Eurojust and OLAF shall inform each other if, after consultation of each other's data there are indications that data may be incorrect or conflicting with other data.
Amendment 436 #
2013/0091(COD)
Proposal for a regulation
Article 31 – paragraph 2 – subparagraph 2
Article 31 – paragraph 2 – subparagraph 2
Moreover the Management Board may, in agreement with the European Data Protection Supervisor and the Joint Supervisory Authority, authorise a set of transfers in conformity with points (a) to (d) above, on a case-by-case basis and taking into account of the existence of safeguards with respect to the protection of privacy and fundamental rights and freedoms of individuals, for a period not exceeding one year, renewable.
Amendment 439 #
2013/0091(COD)
Proposal for a regulation
Article 31 – paragraph 3
Article 31 – paragraph 3
3. The Executive Director shall inform the Management Board and, the European Data Protection Supervisor and the Joint Supervisory Authority of cases where he/sheit applied paragraph 2.
Amendment 454 #
2013/0091(COD)
Proposal for a regulation
Article 34 – paragraph 1 – point d
Article 34 – paragraph 1 – point d
(d) accurate and, where necessary, always kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 484 #
2013/0091(COD)
Proposal for a regulation
Article 36 – paragraph 4
Article 36 – paragraph 4
4. No decision which produces legal effects concerning a data subject shall be based solely on automated processing of data referred to in paragraph 2, unless the decision is expressly authorised pursuant to national or Union legislation or, if necessary, by the European Data Protection SupervisorJoint Supervisory Authority.
Amendment 488 #
2013/0091(COD)
Proposal for a regulation
Article 36 – paragraph 6
Article 36 – paragraph 6
6. Every six months Europol shall providmake an overview of all personal data referred to in paragraph 2 processed by it, available at Europol, to the European Data Protection Supervisor and the Joint Supervisory Authority..
Amendment 499 #
2013/0091(COD)
Proposal for a regulation
Article 38 – paragraph 3 a (new)
Article 38 – paragraph 3 a (new)
3a. Europol shall notify a personal data breach to the data protection officer, to the Data Protection Supervisor and to the Joint Supervisory Authority.
Amendment 506 #
2013/0091(COD)
Proposal for a regulation
Article 39 – paragraph 1 – point a
Article 39 – paragraph 1 – point a
Amendment 520 #
2013/0091(COD)
Proposal for a regulation
Article 39 – paragraph 5 – introductory part
Article 39 – paragraph 5 – introductory part
5. Access to personal data shall be refused or restricted, if it constituteThe provision of information in response to a request under paragraph 1 shall be refused to the extent that such partial or complete refusal is a necessary measure to:
Amendment 539 #
2013/0091(COD)
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The prior checks shall be carried out by the European Data Protection Supervisor and the Joint Supervisory Authority following receipt of a notification from the Data Protection Officer who, in case of doubt as to the need for prior checking, shall consult the European Data Protection Supervisor and the Joint Supervisory Authority.
Amendment 541 #
2013/0091(COD)
Proposal for a regulation
Article 42 – paragraph 3 – subparagraph 1
Article 42 – paragraph 3 – subparagraph 1
The Joint Supervisory Authority and the European Data Protection Supervisor shall deliver his/herits opinion within two months following receipt of the notification. This period may be suspended until the European Data Protection SupervisorSupervisory Authorities hasve obtained any further information that he/sheit may have requested. When the complexity of the matter so requires, this period may also be extended for a further two months, by decision of the European Data Protection SupervisorSupervisory Authorities. This decision shall be notified to Europol prior to expiry of the initial two-month period.
Amendment 543 #
2013/0091(COD)
Proposal for a regulation
Article 42 – paragraph 4
Article 42 – paragraph 4
4. The European Data Protection Supervisor and the Joint Supervisory Authority shall keep a register of all processing operations have been notified to him/herit pursuant to paragraph 1. Such a register shall be integrated into the register referred to in Article 27(5) of Regulation (EC) No 45/2001.
Amendment 545 #
2013/0091(COD)
Proposal for a regulation
Article 43 – paragraph 2
Article 43 – paragraph 2
2. Logs or documentation prepared under paragraph 1 shall be communicated on request to the European Data Protection Supervisor and the Joint Supervisory Authority for the control of data protection. The European Data Protection SupervisorSupervisory Authorities shall use that information only for the control of data protection and ensuring proper data processing as well as data integrity and security.
Amendment 551 #
2013/0091(COD)
Proposal for a regulation
Article 44 – paragraph 7 – point e
Article 44 – paragraph 7 – point e
(e) cooperating with the European Data Protection Supervisor; and the Joint Supervisory Authority.
Amendment 552 #
2013/0091(COD)
Proposal for a regulation
Article 44 – paragraph 7 – point f
Article 44 – paragraph 7 – point f
(f) preparing an annual report and communicating that report to the Management Board and, to the European Data Protection Supervisor and the Joint Supervisory Authority.
Amendment 561 #
2013/0091(COD)
Proposal for a regulation
Article 44 – paragraph 10
Article 44 – paragraph 10
10. If the Data Protection Officer considers that the provisions of this Regulation concerning the processing of personal data have not been complied with, he/she shall inform the Executive Director, requiring him/her to resolve the non-compliance within a specified time. If the Executive Director does not resolve the non- compliance of the processing within the time specified, the Data Protection Officer shall inform the Management Board and they shall agree a specified time for a response. If the Management Board does not resolve the non-compliance of the processing within the time specified, the Data Protection Officer shall refer the matter to the European Data Protection Supervisor or the Joint Supervisory Authority, according to their respective competences.
Amendment 565 #
2013/0091(COD)
Proposal for a regulation
Article 45 – title
Article 45 – title
Supervision by theat national supervisory authoritylevel
Amendment 566 #
2013/0091(COD)
Proposal for a regulation
Article 45 – paragraph 3
Article 45 – paragraph 3
3. National supervisory authorities shall, in accordance with the relevant national procedures, supervise the activities of National Units and the activities of liaison officers, in so far as such activities are of relevance to the protection of personal data. They shall also keep the European Data Protection Supervisor and the Joint Supervisory Authority informed of any actions they take with respect to Europol.
Amendment 568 #
2013/0091(COD)
Proposal for a regulation
Article 46 – title
Article 46 – title
Supervision by the European Data Protection Supervisoron operational data
Amendment 570 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 1
Article 46 – paragraph 1
1. The European Data Protection Supervisor shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing personal data by Europol, and for advising Europol and data subjsupervision of Europol operational personal data processing, without prejudice to the competences provided by Article 48, shall be performed by a Joint Supervisory Authority, composed by the European Data Protects ion all matters concerning the processing of personal data. To this end, he/ she shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3.Supervisor and one representative from each national supervisory authority pursuant to Article 45
Amendment 571 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 1 a (new)
Article 46 – paragraph 1 a (new)
1a. The Joint Supervisory Authority shall be responsible for monitoring and ensuring the application of the provisions of this Regulation relating to the protection of fundamental rights and freedoms of natural persons with regard to processing of personal data by Europol, and for advising Europol and data subjects on all matters concerning the processing of personal data. To this end, it shall fulfil the duties set out in paragraph 2 and shall exercise the powers granted in paragraph 3 and 4.
Amendment 573 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – introductory part
Article 46 – paragraph 2 – introductory part
2. The European Data Protection SupervisorJoint Supervisory Authority shall have the following duties under this Regulation:
Amendment 574 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point a
Article 46 – paragraph 2 – point a
(a) hear and investigate complaints, and inform the data subject of the outcome within a reasonable periodassist the European Data Protection Supervisor in the investigation of complaints;
Amendment 577 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point b
Article 46 – paragraph 2 – point b
(b) conduct inquiries either on his/herits own initiative or on the basis of a complaint, and inform the data subjects of the outcome within a reasonable period;
Amendment 579 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point d
Article 46 – paragraph 2 – point d
(d) advise Europol, either on his/herits own initiative or in response to a consultation, on all matters concerning the processing of personal data, in particular before they draw up internal rules relating to the protection of fundamental rights and freedoms with regard to the processing of personal data;
Amendment 581 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point f
Article 46 – paragraph 2 – point f
(f) keep a register of processing operations notified to him/herit by virtue of Article 42(1) and registered in accordance with 42(4),
Amendment 582 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 2 – point g
Article 46 – paragraph 2 – point g
(g) carry out a prior check of processing notified to him/herit.
Amendment 584 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 3 – introductory part
Article 46 – paragraph 3 – introductory part
3. The European Data Protection SupervisorJoint Supervisory Authority may under this Regulation:
Amendment 587 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point h
Article 46 – paragraph 3 – point h
Amendment 588 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 3 – point i
Article 46 – paragraph 3 – point i
Amendment 590 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 – introductory part
Article 46 – paragraph 4 – introductory part
4. The European Data Protection SupervisorJoint Supervisory Authority shall have the power:
Amendment 592 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 – point a
Article 46 – paragraph 4 – point a
(a) to obtain from Europol access to all personal data and to all information necessary for his/herits enquiries;
Amendment 593 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 a (new)
Article 46 – paragraph 4 a (new)
4a. Where appropriate, the European Data Protection Supervisor either on his/her own initiative or on request of the Joint Supervisory Authority may under this Regulation refer the matter to the Court of Justice of the European Union under the conditions provided for in the Treaty. The European Data Protection Supervisor may also intervene in actions brought before the Court of Justice of the European Union.
Amendment 594 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 4 b (new)
Article 46 – paragraph 4 b (new)
4b. The Joint Supervisory Authority may also examine difficulties of interpretation in the application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of the data subjects, draw up harmonised proposals for joint solutions for any problems and promote awareness of data protection rights.
Amendment 598 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 5
Article 46 – paragraph 5
5. The European Data Protection SupervisorJoint Supervisory Authority shall draw up an annual report on the supervisory activities on Europol. This report shall be part of the annual report of the European Data Protection Supervisor referred to in Article 48 of Regulation (EC) No 45/2001 to be presented to the European Parliament, to the Council, to the European Commission and to national parliaments..
Amendment 599 #
2013/0091(COD)
Proposal for a regulation
Article 46 – paragraph 6
Article 46 – paragraph 6
6. Members of the Joint Supervisory Authority and Members and staff of the European Data Protection Supervisor shall be bound by the obligation of confidentiality in accordance with Article 69.
Amendment 602 #
2013/0091(COD)
Proposal for a regulation
Article 47 – title
Article 47 – title
Amendment 604 #
2013/0091(COD)
Proposal for a regulation
Article 47 – paragraph 1
Article 47 – paragraph 1
1. The European Data Protection Supervisor shall act in close cooperation with national sJoint Supervisory aAuthorities on specific issues requiring national involvement, in particular if the European Data Protection Supervisor or a national supervisory authority finds major discrepancies between the practices of Member States or potentially unlawful transfer in the use of Europol's channels for exchange of information, or in the context of questions raised by one or more national supervisory authorities on the implementation and interpretation of this Regulationy shall meet where needed. Rules of procedure shall be adopted at the first meeting. Further working methods shall be developed as necessary.
Amendment 606 #
2013/0091(COD)
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. In tThe caseosts referrlated to in paragraph 1, the European Data Protection Supervisor and the national sall the supervising activities of the Joint Supervisory aAuthoritiesy shall, each acting within the scope of their respective competences, exchange relevant information, assist each other in carrying out audits and inspections, examine difficulties of interpretation or application of this Regulation, study problems relating to the exercise of independent supervision or the exercise of the rights of data subjects, draw up harmonised proposals for joint solutions to any problems and promote awareness of data protection rights, as necessary be borne by the European Data Protection Supervisor, who shall also provide for the Secretariat services.
Amendment 608 #
2013/0091(COD)
Proposal for a regulation
Article 47 – paragraph 3
Article 47 – paragraph 3
Amendment 612 #
2013/0091(COD)
Proposal for a regulation
Article 48 – title
Article 48 – title
Supervision on Administrative personal data and Staff data
Amendment 614 #
2013/0091(COD)
Proposal for a regulation
Article 48 – paragraph 1
Article 48 – paragraph 1
The European Data Protection Supervisor shall have exclusive competence on this area. Regulation (EC) No 45/2001 shall apply to all personal data of Europol staff members as well as administrative personal data held by Europol.
Amendment 46 #
2012/2263(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the adoption by the Commission of an action plan on unaccompanied minors; deplores, however, the fact that the Commission's approach is not based more on protecting the fundamental rights of such minors and of the Mid- term report on the implementation of the Action Plan on Unaccompanied Minors' (COM(2012)0554;
Amendment 47 #
2012/2263(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the fragmentation of the European provisions concerning unaccompanied minors and; urges the Commission to compile a manual drawing together these various legal basesacts in order to facilitate the correct application by Member States; considers that EASO should be involved in compiling this manual;
Amendment 65 #
2012/2263(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that the European Union and Member States ought to step up their cooperation with third countries of origin and transit concerning the problem of unaccompanied minors, preventing their arrival, combating trafficking, irregular immigration, restoration of family ties, return and readmission, including in the context of the regular dialogues conducted between the European Union and these States and the European External Action Service (EEAS);
Amendment 70 #
2012/2263(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls the important role of civil society in the readmissions of unaccompanied minors in third countries; calls thus on Member States to increase cooperation also with local and international non governmental partners in the Country of origin in order to ensure safe returns for children.
Amendment 72 #
2012/2263(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Recalls that combating trafficking in human beings is a necessary first step, as minors are particularly confronted with the risks of trafficking and exploitation and because; underlines the importance of prevention by strengthening police and judiciary cooperation between Member States. Calls on the Member States to effectively implement Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and Directive 2011/92/EU on combating the sexual abuse and sexual exploitation of children and child pornography; considers also that action should be taken in third countries to tackle the root causes of trafficking;
Amendment 82 #
2012/2263(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Is concerned about the situation of many unaccompanied minors who live in hiding in the EU and who are particularly vulnerable to exploitation and abuse; calls on Member States' authorities and civil society organisations to work together and take all the necessary measures to ensure their protection and dignity.
Amendment 116 #
2012/2263(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that each Member State has a responsibility to identify unaccompanied minors; calls on Member States to direct them immediately to specialist services which must, on the one hand, assess the individual circumstances and needs of each minor and, on the other hand, provide them with all the information they need, in a language and form they can understand; calls on Member States to share best practices on child friendly tools to clarify to the children the procedures and their rights;
Amendment 133 #
2012/2263(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on Member States, as soon as a minor arrives within their territory and until a lasting solution has been found, to appoint a person responsible for accompanying, assisting and representing him in allto enable the minor to benefit from all the rights and to comply with all obligations of the procedures; calls furthermore for this person to have specific training in the problems associated with unaccompanied minors and to act completely independently; calls on the Commission to establish common standardinclude in the strategic guidelines and best practices concerning the mandate, functions, qualifications and skills of this person; (This wording is in line with Art. 25.1 on "Guarantees for unaccompanied minors" of the agreement on 2009/0165 (COD) on common procedures for granting and withdrawing international protection, which has been adopted by LIBE in April 2013.)
Amendment 145 #
2012/2263(INI)
Motion for a resolution
Paragraph 16 – introductory part
Paragraph 16 – introductory part
16. CIn order to ensure consistency and equal standards in the protection of unaccompanied minors within the EU, calls on Member States to give unaccompanied minors, irrespective of their status and under the same conditions as children who are nationals of the host country:
Amendment 176 #
2012/2263(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the progress which has been made in asylum legislation; recalls, however, that unaccompanied minors should always be exempted from expedited procedures and from procedures at the border; recalls also that the State responsible forpackage concerning unaccompanied minors; calls on Member States to make the necessary legislative and asylum application by an unaccompanied mdministrative reforms in or should always be the State of the most recent asylum applicationder to implement it effectively;
Amendment 181 #
2012/2263(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Underlines that any decision concerning unaccompanied minors should be on the basis of an individual assessment and in respect of the best interest of the child;
Amendment 182 #
2012/2263(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns the very precarious circumstRecalls that unaccompanied minors should not be subjected to chancges with which these minors are suddenly confronted when they reach the age ofin their procedure solely due to the fact that they reached majority age; calls on Member States to institute procedures for assisting theseshare best practices and pay particular attention to minors in their transition to adulthood; welcomes the work of the Council of Europe on this subject and calls on the Commission to propose common standardinclude in its strategic guidelines best practices for the planning of ‘individualised life projects’ for, and with, the minor;
Amendment 183 #
2012/2263(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Condemns the very precarious circumstances with which these minors are suddenly confronted when they reach the age of majority; calls on Member States to share best practices and institute procedures for assisting these minors in their transition to adulthood; welcomes the work of the Council of Europe on this subject and calls on the Commission to propose common standardinclude in its strategic guidelines best practices for the planning of ‘individualised life projects’ for, and with, the minor;
Amendment 191 #
2012/2263(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses firmly that the ultimate aim, once an unaccompanied minor has arrived in European territory, must be to seek an appropriate solution for him, which respects his best interests; recalls that efforts to achieve this must always begin with an examination of the possibilities of family reunification; calls on Member States to improve cooperation on family tracing and share best practices;
Amendment 201 #
2012/2263(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to proposeinclude in its strategic guidelines a common reference framework outlining a series of conditions to be met before a minor can be returned, respecting the overriding interests of the child; reiterates in the strongest terms that no decision to return a minor may be taken if it endangers the minor's life, security or fundamental rights or those of his or her family, and that the individual circumstances of each minor must be taken into account; calls on Member States to establish monitoringcooperation arrangements to ensure the protection of minors after their return, in cooperation with countries of origin and transit;with countries of origin and transit and with international and local NGOs in order to ensure the protection of minors after their return.
Amendment 72 #
2012/2033(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Reiterates the call for the United States to close Guantánamo, where innocent and presumably guilty people have been, and continue to be, detained, without access to justice and subject, in some cases, to ill-treatment;
Amendment 83 #
2012/2033(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Urges Member States to establish the truth concerning their involvement in the CIA programme and meet their obligation to investigate human rights violations by conducting independent and effective inquiries, taking into account all the new evidence that has come to light; calls particularly on Member States to investigate whether there are secret prisons on their territory or operations where people have been held under the CIA programme in facilities on their territory;
Amendment 105 #
2012/2033(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on Member States such as Finland, Denmark and Portugal, Portugal, Italy, the United Kingdom, Germany, Spain, Ireland, Greece, Cyprus, Romania and Poland to disclose all necessary information on all suspect planes associated with the CIA and their territory;
Amendment 110 #
2012/2033(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Urges Member States to revise any provisions or interpretations that are sympathetic to torture, such as Michael Wood’s legal opinion (referred to in the EP Resolution of 14 February 2007) that, in defiance of international jurisprudence, argues that it is legitimate to receive and use information obtained by torture as long as there is no direct responsibility for it (which motivates and justifies the outsourcing of torture);
Amendment 120 #
2012/2033(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls that the Council has never formally apologised for having violated the principles enshrined in the treaties of loyal cooperation between the Union institutions when it incorrectly attempted to persuade the European Parliament to provide deliberately shortened versions of the minutes for the meetings of COJUR (Council Working Group on International Law) and COTRA (Transatlantic Relations Working Party) with senior North American officials;
Amendment 121 #
2012/2033(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on the Council to encourage Member States to share best practice with regard to Parliamentary and judicial supervision of the intelligence services, involving national Parliaments and the European Parliament in this effort;
Amendment 142 #
2012/2033(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is determined to continue fulfilling the mandate given to it by the Temporary Committee, pursuant to Articles 2, 6 and 7 TEU; instructs its Committee on Civil Liberties, Justice and Home Affairs, together with the Subcommittee on Human Rights, to address Parliament in plenary on the matter a year after the adoption of this resolution; considers it essential to now assess the extent to which the recommendations adopted by the European Parliament have been followed and to analyse why they have not been followed when this is the case;
Amendment 23 #
2012/0033(NLE)
Proposal for a regulation
Recital 41 a (new)
Recital 41 a (new)
(41a) This Regulation constitutes a development of provisions of the Schengen acquis, in which Bulgaria and Romania are participating in accordance with Article 4(2) of the 2005 Act of Accession and with Council Decision 2010/365/EU of 29 June 2010 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania.
Amendment 25 #
2012/0033(NLE)
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. On the basis of information provided by the Member States and the responsible supervisory authorities, the Commission shall report to the European Parliament and the Council on the completion of the migration, in particular on the switchover of the Member States to SIS II. This report shall confirm whether the migration and in particular the switchover have been carried out in full compliance with this Regulation at central as well as at national level, and that the processing of personal data during the entire migration was in accordance with Regulation (EC) No 45/2001 and 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 data1. __________________ 1 OJ L 281, 23.11.1995, p. 31.
Amendment 521 #
2012/0011(COD)
Proposal for a regulation
Recital 61 a (new)
Recital 61 a (new)
(61a) It is important to engage in a structured dialogue with the industry in order to implement this Regulation. The industry should take its shared responsibility to come up with innovative solutions, products and services in order to increase the safeguards on protection of personal data, in particular for children, for example through codes of conducts and monitoring mechanisms. Self-regulatory efforts do not exempt the industry from applying this Regulation.
Amendment 210 #
2012/0010(COD)
Proposal for a directive
Recital 28
Recital 28
(28) In order to exercise their rights, any information to the data subject should be easily accessible and easy to understand, including the use of clear and plain language. In particular, when the data subject is a child, that information should be provided in a child-friendly way.
Amendment 260 #
2012/0010(COD)
Proposal for a directive
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) protect the fundamental rights and freedoms of natural persons and in particular their right to the protection of their personal data and privacy; and
Amendment 263 #
2012/0010(COD)
Proposal for a directive
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) ensure that the exchange of personal data by competent authorities within the Union is neither restricted nor prohibited for reasons connected with the protection of individuals with regard to the processing of personal data, in line with the free movement of data provided for in Article 16 TFEU. The free movement of data shall not apply in relation to Member States which do not commit themselves to this legislative act.
Amendment 283 #
2012/0010(COD)
Proposal for a directive
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
(14) 'competent authorities’ means any public authority competent, in accordance with the corresponding legislation in each Member State, for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties;
Amendment 295 #
2012/0010(COD)
Proposal for a directive
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) collected for specified, explicit and legitimate purposes and not further processed in a way incompatible with those purposesused for a different purpose, even where it is compatible, unless provided for by law;
Amendment 301 #
2012/0010(COD)
Proposal for a directive
Article 4 – paragraph 1 – point d
Article 4 – paragraph 1 – point d
(d) accurate, subject to regular quality verification and, where necessary, kept up to date; every reasonable step must be taken to ensure that personal data that are inaccurate, having regard to the purposes for which they are processed, are erased or rectified without delay;
Amendment 309 #
2012/0010(COD)
Proposal for a directive
Article 4 – paragraph 1 – point f a (new)
Article 4 – paragraph 1 – point f a (new)
(fa) accessed by or made available only to those duly authorised staff in competent authorities who need them for the performance of their tasks, whereby a rigorous user profile management policy must be implemented.
Amendment 313 #
2012/0010(COD)
Proposal for a directive
Article 4 a (new)
Article 4 a (new)
Amendment 321 #
2012/0010(COD)
Proposal for a directive
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) victims of a criminal offence, or persons with regard to whom certain factsthere are factual indications that give reasons for believing that he or she could be the victim of a criminal offence;
Amendment 332 #
2012/0010(COD)
Proposal for a directive
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. The categories of data subjects referred to in points (c), (d) and (e) of paragraph 1, i.e. data relating to people who are not suspects and in particular to children, shall be subject to specific conditions and safeguards that guarantee that these data are used proportionately and provide for significantly more limited storage periods and periodic reviews of the need to conserve those data.
Amendment 356 #
2012/0010(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall prohibit the processing of personal data revealing private life, race or ethnic origin, political opinions, religion or beliefs, trade-union membership, of genetic data or of data concerning health or sex life.
Amendment 359 #
2012/0010(COD)
Proposal for a directive
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) the processing relates to data which are manifestly made public by the data subject, provided that they are relevant and strictly necessary for the purpose pursued.
Amendment 376 #
2012/0010(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall provide that any information and any communication relating to the processing of personal data are to be provided by the controller to the data subject in an intelligible form, using clear and plain language. If the data subject is a child that information should be provided in a child-friendly way.
Amendment 395 #
2012/0010(COD)
Proposal for a directive
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. Member States may adopt legislative measures delaying, or restricting or omitting the provision of the information to the data subject to the extent that, and as long as, such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interestrights and guarantees of the person concerned:
Amendment 407 #
2012/0010(COD)
Proposal for a directive
Article 12 – paragraph 1 – point g
Article 12 – paragraph 1 – point g
(g) communication of the personal data undergoing processing and of any available information as to their source.
Amendment 416 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Member States may adopt legislative measures restricting, wholly or partly, the data subject's right of access to the extent that such partial or complete restriction constitutes a necessary and proportionate measure in a democratic society with due regard for the legitimate interestrights and guarantees of the person concerned:
Amendment 436 #
2012/0010(COD)
Proposal for a directive
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the controller documents, on a case-by-case basis, the grounds for omitrestricting the communication of the factual or legal reasons on which the decision is based. That information shall be made available to the national supervisory authorities in the event of a complaint.
Amendment 449 #
2012/0010(COD)
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Member States shall provide that the controller notifies recipients to whom these data have been sent of any rectification made pursuant to paragraph 1.
Amendment 474 #
2012/0010(COD)
Proposal for a directive
Article 16 – paragraph 4 a (new)
Article 16 – paragraph 4 a (new)
4a. Member States shall provide that the controller notifies recipients to whom these data have been sent of any erasure made pursuant to paragraph 1.
Amendment 493 #
2012/0010(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
Member States shall provide that where a controller determines the purposes, conditions and means of the processing of personal data jointly with others, the joint controllers must determine the respective responsibilities for compliance with the provisions adopted pursuant to this Directive, in particular as regards the procedures and mechanisms for exercising the rights of the data subject, by means of a binding written arrangement between them.
Amendment 495 #
2012/0010(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
Any controller involved in the processing of data must be a competent authority within the meaning of Article 3.
Amendment 498 #
2012/0010(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall provide that where a processing operation is carried out on behalf of a controller, the controller must choose a processor providing sufficient guarantees to implement appropriate technical and organisational measures and procedures in such a way that the processing will meet the requirements of the provisions adopted pursuant to this Directive and ensure the protection of the rights of the data subject. Responsibility for ensuring that these conditions are met shall rest with the controller.
Amendment 504 #
2012/0010(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 508 #
2012/0010(COD)
Proposal for a directive
Article 22 – paragraph 1
Article 22 – paragraph 1
Member States shall provide that the processor and any person acting under the authority of the controller or of the processor, who has access to personal data, may only process them on instructions from the controller or where required by Union or Member State law and shall be bound by a duty of professional secrecy.
Amendment 514 #
2012/0010(COD)
Proposal for a directive
Article 23 – paragraph 2 – point a a (new)
Article 23 – paragraph 2 – point a a (new)
(aa) a binding written agreement, where there are joint controllers; a list of processors and activities carried out by processors;
Amendment 515 #
2012/0010(COD)
Proposal for a directive
Article 23 – paragraph 2 – point b a (new)
Article 23 – paragraph 2 – point b a (new)
(ba) a description of the category or categories of data subjects and of the data or categories of data processed;
Amendment 516 #
2012/0010(COD)
Proposal for a directive
Article 23 – paragraph 2 – point b b (new)
Article 23 – paragraph 2 – point b b (new)
(bb) a description of the internal rules on the exercise of data subjects' rights in accordance with Article 10.
Amendment 523 #
2012/0010(COD)
Proposal for a directive
Article 24 – paragraph 1
Article 24 – paragraph 1
1. Member States shall ensure that records are kept of at least the followingll processing operations: collection, alteration, consultation, disclosure, combinat, including all transmissions or erasuref data. The records of consultation and disclosure shall show in particular the purpose, date and time of such operations and as far as possible the identification of the person who consulted or disclosed personal data, and the identity of the recipient of such data.
Amendment 527 #
2012/0010(COD)
Proposal for a directive
Article 24 – paragraph 2
Article 24 – paragraph 2
2. The records shall be used solely for the purposes of verification of the lawfulness of the data processing, self-monitoring and for ensuring data integrity and data security, or for purposes of auditing, either by the data protection officer or by the data protection authority.
Amendment 528 #
2012/0010(COD)
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. A regular analysis of records shall be carried out for the purpose of detecting any misuse, in accordance with good security practices.
Amendment 531 #
2012/0010(COD)
Proposal for a directive
Article 25 – paragraph 1 a (new)
Article 25 – paragraph 1 a (new)
1a. The duty of cooperation shall also be ensured where the supervisory authority needs to examine information systems and the processing of personal data, whereby they shall be guaranteed access to the premises of the data controller or processor.
Amendment 537 #
2012/0010(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Member States shall ensure that the controller or the processor consults the supervisory authority prior to the processing of personal data which will form part of a new filing system to be created where:
Amendment 567 #
2012/0010(COD)
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall provide that the controller or the processordesignates a data protection officer. That obligation shall be extended to processors where their intervention is such as to justify the designatesion of a data protection officer.
Amendment 571 #
2012/0010(COD)
Proposal for a directive
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2a. The data protection officer shall be appointed for a period of at least four years. The data protection officer may be reappointed for a further four years. During the term of office, the data protection officer may only be dismissed from that function, if they no longer fulfil the conditions required for the performance of their duties. Controllers and processors shall be responsible for notifying the supervisory authority of the identity and contact details of the data protection officer, following their appointment, and of any changes that might occur.
Amendment 606 #
2012/0010(COD)
Proposal for a directive
Article 35 – paragraph 1 – point b
Article 35 – paragraph 1 – point b
Amendment 618 #
2012/0010(COD)
Proposal for a directive
Article 36 – paragraph 1 a (new)
Article 36 – paragraph 1 a (new)
All transfers of data decided on the basis of derogations shall be duly justified and shall be limited to what is strictly necessary, and frequent massive transfers of data shall not be allowed.
Amendment 626 #
2012/0010(COD)
Proposal for a directive
Article 37 – paragraph 1
Article 37 – paragraph 1
Member States shall provide that the controller informs the recipient of the personal data of any processing restrictions and takes all reasonable steps to ensure that these restrictions are met. The controller shall also notify the recipient of the personal data of any update, rectification or erasure of data, and the recipient shall in turn make the corresponding notification in the event that the data has subsequently been transferred.
Amendment 629 #
2012/0010(COD)
Proposal for a directive
Article 40 – paragraph 7
Article 40 – paragraph 7
7. Member States shall ensure that the supervisory authority is subject to financial control which shall not affect its independence. Member States shall ensure that the supervisory authority has separate annual budgets, which shall be managed by that authority with complete autonomy. The budgets shall be made public.
Amendment 631 #
2012/0010(COD)
Proposal for a directive
Article 41 – paragraph 1
Article 41 – paragraph 1
1. Member States shall provide that the members of the supervisory authority must be appointed either by the parliament or in partnership with the government of the Member State concerned.
Amendment 669 #
Amendment 670 #
2012/0010(COD)
Proposal for a directive
Article 61 – paragraph 1
Article 61 – paragraph 1
1. The Commission shall evaluate the application of this Directive. Regular objective and impartial evaluations shall be made by the Commission and Member States in order to verify whether this Directive is being correctly implemented and applied. The Commission shall be responsible for coordinating these evaluations, in close cooperation with the Member States, and shall include announced and unannounced visits. The European Parliament and the Council shall be kept informed throughout the process and shall have access to the relevant documents.
Amendment 19 #
2011/0440(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 30 #
2011/0440(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘usually resident populationEuropean citizens’ means all persons having their usual residence incitizenship of a Member State at the reference time;
Amendment 41 #
2011/0440(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall provide the Commission (Eurostat) with data on the population as referred to in Article 2 and (d)ir citizens at the reference time. Where the circumstances described in Article 2 (d)i. or (d)ii. cannot be established, Member States shall provide the Commission (Eurostat) with data on population at their place of legal or registeredpermanent residence at the reference time; in this case, they shall undertake proportionate efforts to compute data which are the closest possible approximation to the population referred to in Article 2 and (d).
Amendment 50 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end ofnumber of their citizens at the reference yeartime. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registeredpermanent residence at the reference time.
Amendment 51 #
2011/0440(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
For the purposes of qualified majority voting in the Council, Member States shall provide the Commission (Eurostat) with data on the total population at national level at the reference time, as referred to in Article 2, within 8 months from the end ofof their citizens at the reference yeartime. For the purposes of this Article, Member States shall not provide data on population at their place of legal or registeredtheir permanent residence at the reference time.
Amendment 65 #
2011/0427(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, notably human dignity, prohibition of torture and inhuman or degrading treatment or punishment, right to liberty and security, right to the protection of personal data, of access to documents, non-refoulement, non- discrimination and rights of the child. This Regulation should be applied by Member States in accordance with these rights and principles.
Amendment 92 #
2011/0427(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. Member States and the Agency shall comply with fundamental rights, including data protection requirements, when applying this Regulation. They shall give priority to the special needs of children, in particular unaccompanied minors, victims of trafficking, persons in need of urgent medical assistance, persons in need of international protection, persons in distress at sea and other persons in a particularly vulnerable situation.
Amendment 102 #
2011/0427(COD)
Proposal for a regulation
Article 3 – point d
Article 3 – point d
(d) ‘cross-border crime’ means any serious or organised crime committed at the external borders of Member States or at their proximity, such as trafficking in human beings, smuggling of drugs and other illicit activities that have a cross- border dimension;
Amendment 13 #
2011/0281(COD)
Proposal for a regulation
Recital 84 a (new)
Recital 84 a (new)
(84a) In order to allow for the specific features of the sugar sector, the Commission should ensure a fair balance between the rights and obligations of sugar producers and guarantee that all stakeholders can have access to raw materials on an equal footing.
Amendment 31 #
2011/0242(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The temporary reintroduction of certain controls at internal borders could also be a response to serious deficiencies identified by Schengentected in the framework of a rigorous evaluations process, in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, whereas a measure of last resort, and insofar as the circumstances would be such as to constitute a serious threat to public policy or to internal security atin the Union or national levelarea without internal border controls.
Amendment 37 #
2011/0242(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 53 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 1– introductory part
Article 23a – paragraph 1– introductory part
1. When deciding onBefore a decision is taken, always as a last resort, for the temporary reintroduction of border control at one or more internal borders or parts thereof, the Commission, in cases referred to in Articles 26, or the Member State concerned in cases referred to in Articles 25 paragraph 13 and 25(1), shall assess the extent to which such a measure is likely to adequately remedy the threat to public policy or internal security at the Union or national level, and shall assess the proportionality of the measure to that threat. This assessment shall be based on the detailed information submitted by the Member State(s) concerned and any other relevant information, including any information obtained pursuant to paragraph 2. In making such an assessment, the following considerations shall in particular be taken into account:
Amendment 60 #
2011/0242(COD)
Proposal for a regulation
Article 1– point 1
Article 1– point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 2 – introductory part
Article 23a – paragraph 2 – introductory part
2. Before takadopting a drecisionommendation in accordance with Article 26, the Commission may
Amendment 62 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 23a – paragraph 2 – point b
Article 23a – paragraph 2 – point b
(b) carry out inspection visits, with the support of experts from Member States and of Frontex, Europol and any other relevant European body, in order to obtain or verify information relevant for a drecisommendation to temporarily reintroduce border control at internal borders.
Amendment 75 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 24 – paragraph 4
Article 24 – paragraph 4
4. The Commission shall decide on information referred to in paragraph 1, as well as the opinion that the Commission is required to provide in accordance withe prolongation of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a(2). aragraph 3, shall be the subject of consultations, including joint meetings, between the Member State planning to reintroduce border control, the Member State(s) that might be affected and the Commission, with a view to organising, where appropriate, mutual cooperation between the Member States and to examining the proportionality of the measures to the events giving rise to the reintroduction of border control and the threats to public policy or internal security.
Amendment 79 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 25 – paragraph 2
Article 25 – paragraph 2
2. The Member State reintroducing border control at internal borders shall at the same time notify the other Member States, the European Parliament and the Commission and accordingly, and shall supply the information referred to in Article 24 (1) and the reasons that justify the use of this procedure. The Commission may consult the other Member States immediately upon receipt of the notification.
Amendment 80 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 25 – paragraph 3
Article 25 – paragraph 3
3. If the serious threat to public policy or internal national security persists beyond the period provided for in paragraph 1, the Commission shall decide on the prolongation of the border control at internal borders. Given the need to take immediate action after the expiry of the period provided for in paragraph 1, which constitutes an imperative ground of urgency, the CommMember State may decide to prolong the border control at internal borders, taking into account the criteria listed in Article 23a, including an updated assessment of the necessity and the proportionality of the measure and taking into account any new elements that might have arisen. The provission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a (3)s of Article 24(2) and (4) shall apply accordingly and the consultations shall take place immediately after the notification.
Amendment 85 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In cases where the Commission finds that there are persistent serious deficiencies related to external border control or return procedures identified in the framework of an rigorous evaluation process, in accordance with Article 15 of the Regulation on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis, as a measure of last resort, and insofar as these deficiencies constitute a serious threat to public policy or internal security at the Union or national levelwithin the area without internal border controls, border control at internal borders may be reintroduced for a period of no more than six months. This period can be prolonged by a further period of no more than six months if thesuch serious deficiencies are not remedied. No more than three such prolongations will be possible.
Amendment 88 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The Commission shall decide on the reintroduction of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2), as a measure of last resort and taking into account the protection of the common interests within the area without internal border controls, and when all other measures, in particular those referred to in Articles 14 and 15 of the Regulation (EU) No .../2012 of the European Parliament and of the Council of [...] [on the establishment of an evaluation and monitoring mechanism to verify the application of the Schengen acquis], have been incapable of effectively mitigating the serious threat identified, may recommend one or more specific Member States to reintroduce border control at the relevant internal borders. The Commission shall transmit to the European Parliament and the Council a report assessing the necessity of the reintroduction of border control. The European Parliament may present its opinion within one month after which the Council may decide, by qualified majority, on the reintroduction of border control at internal borders, based on the Commission recommendation and taking into account the opinion of the European Parliament.
Amendment 90 #
2011/0242(COD)
Proposal for a regulation
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Commission shall decide on the prolongation of border control at internal borders. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 33a (2)may recommend a prolongation in accordance with the same conditions and procedures, acting in accordance with paragraphs 1 and 2.
Amendment 92 #
2011/0242(COD)
Proposal for a regulation
Article 1– point 1
Article 1– point 1
Regulation (EC) No 562/2006
Article 26 – paragraph 4
Article 26 – paragraph 4
4. On duly justified grounds of urgency, related to situations where the circumstances giving rise to the need to prolong border control at internal borders, in accordance with paragraph 3, do not become known until less than 10 days before the planned prolongation, the Commission shall adopt immediately applicable implementing acts in accordance with the procedure referred to in Article 33a (3)end of the preceding reintroduction period, the Commission shall adopt immediately any necessary recommendations.
Amendment 52 #
2011/0051(COD)
Proposal for a regulation
Article 1 – point 6
Article 1 – point 6
Regulation (EC) No 562/2006
Article 9 –paragraph 2 – point a – subparagraph 2
Article 9 –paragraph 2 – point a – subparagraph 2
Third-country nationals who are not obliged to possess a visa when crossing the external borders of the Member States in accordance with Regulation (EC) No 539/2001 and third-country nationals who hold a valid residence permit or long-stay visa may use the lanes indicated by the sign in part B1 (“visa freenot required”) of Annex III to this Regulation. They may also use the lanes indicated by the sign in B2 (“all passports”) of Annex III to this Regulation.
Amendment 73 #
2011/0051(COD)
Proposal for a regulation
Annex – point 3 – point a
Annex – point 3 – point a
If the Commission considers the draft Agreement to be incompatible with this Regurelevant Union legislation, it shall notify the Member State concerned. The Member State shall not conclude the agreement and shall take all appropriate steps to amend the draft Agreement within a reasonable period in such a way as to eliminate the incompatibilities established. If the Commission considers the draft Agreement to be compatible with relevant Union legislation and gives a favourable opinion, the Parliament shall be notified.
Amendment 13 #
2010/2154(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that the use of body scanners must comply with Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data;
Amendment 64 #
2010/2154(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for people who are willing to be submitted to a body scan to be properly and comprehensibly informed about the body scanner, including their right to refuse to be submitted to a body scan and their right to complain and seek redress in case of perceived irregularities related to the body scan or their refusal to be submitted to it and the subsequent standard security check; recalls that the training of airport security personnel is a basic necessity;
Amendment 68 #
2010/2154(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Underlines the importance of penalties for any instances of misuse of body scanner images;
Amendment 73 #
2010/2154(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Stresses that any proposal to allow the deployment and use of body scanners as a permissible screening method should be extensively justified in an impact assessment covering inter aliashowing what the real added value of this kind of initiative would be; insists in this regard on the importance of calculating the cost of investment, maintenance and management which would be incurred by installing and using body scanners; recalls that the impact assessment must also cover the fundamental rights aspect of body scanners and, the possible health risks – particularly for vulnerable persons – and the protection of personal data, taking into account the opinions of the European Union, international and national human rights and data protection authorities, such as the EDPS, the Article 29 Working Party, the FRA and the UN Special Rapporteur on the Protection of Human Rights while Countering Terrorism;
Amendment 83 #
2010/2154(INI)
Draft opinion
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Underlines that those Member States which decide to use body scanners should be able, under the principle of subsidiarity, to apply more rigid standards than those defined in the European legislation on the protection of citizens and their personal data;
Amendment 90 #
2010/2004(BUD)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Intends to undertake in-depth scrutiny of the financial management of the development of the great data network systems, in particular the transition from SIS I to SIS II, which has been subject to repeated delays and setbacks, before deciding whether to maintain the level of financing foreseen for those systems and reserves the right to hold in reserve any funds pertaining to the migration to SIS II pending the outcome of further analysis and testing;
Amendment 42 #
2010/0801(COD)
Draft directive
Recital -1 (new)
Recital -1 (new)
(-1) Article 47 of the EU Charter of Fundamental Rights enshrines the right to a fair trial, including the right to legal advice and representation. Article 48 of the Charter guarantees respect for the presumption of innocence and the rights of defence.
Amendment 44 #
2010/0801(COD)
Draft directive
Recital 7 a (new)
Recital 7 a (new)
(7a) On 30 November 2009, the Council adopted the Roadmap on Procedural Rights which requested the Commission to put forward proposals on a "step by step" basis, on the right to interpretation and translation, the right to information about rights, the right to legal advice, before trial and at trial, the right for a detained person to communicate with family members, employers and consular authorities, and protection for vulnerable suspects.
Amendment 46 #
2010/0801(COD)
Draft directive
Recital 7 b (new)
Recital 7 b (new)
(7b) This Directive, the first measure on the Roadmap, should lay down common standards to be applied in the fields of interpretation and translation in criminal proceedings in order to enhance the necessary confidence among Member States.
Amendment 53 #
2010/0801(COD)
Draft directive
Recital 12
Recital 12
(12) The finding that there is no need for interpretation or translation should be subject to the possibility of review, in accordance with national law. Such review may be carried out, for example, throughappeal. Member States should ensure that the suspect or accused person has the right to challenge a spdecific complaint procedure, or in the context of an ordinary appeal procedure against decisions on the meritssion finding that there is no need for interpretation including cases where interpretation or translation is so deficient that it amounts to an absence of interpretation.
Amendment 63 #
2010/0801(COD)
Draft directive
Recital 16 a (new)
Recital 16 a (new)
(16a) This Directive should set minimum rules. Member States should be able to extend the rights set out in this Directive in order to provide a higher level of protection also in situations not explicitly dealt with in this Directive. The level of protection should never go below the standards provided by the European Convention on Human Rights, as interpreted in the case-law of the European Court of Human Rights.
Amendment 65 #
2010/0801(COD)
Draft directive
Recital 17
Recital 17
(17) This Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union. In particular, this Directive seeks to promote the right to liberty, the right to a fair trial and the right of defence and has to be implemented accordingly.
Amendment 73 #
2010/0801(COD)
Draft directive
Article 2 – paragraph 1
Article 2 – paragraph 1
1. Member States shall ensure that a suspected or accused person who does not understand or speak the language of the criminal proceedings concerned is provided, without delay, with interpretation into his native language or into another language that he understands, in orderof a quality sufficient to safeguard his right to fair proceedings, ensuring that he is able to understand the case against him and exercise his rights. Interpretation, including of communications between the suspected or accused person and his legal counsel, shall be provided during criminal proceedings before investigative and judicial authorities, including during police questioning, during all court hearings and during any necessary interim hearings, and may be provided in other situations. This provision does not affect rules of national law concerning the presence of a legal counsel during any stage of the criminal proceedings.
Amendment 80 #
2010/0801(COD)
Draft directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall ensure that a suspected or accused person who does not understand the language of the criminal proceedings concerned is provided with apromptly with written translations, into his native language or into another language that he understands, of all documents which are essential in order, of a quality sufficient to safeguard his right to fair proceedings, or at leasensuring that the important passages of such documents, provided that the person concerned has the right of access to the documents concerned under national laws able to understand the case against him and exercise his rights.
Amendment 84 #
2010/0801(COD)
Draft directive
Article 3 – paragraph 6
Article 3 – paragraph 6
Amendment 33 #
2010/0312(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Member States should be closely involved in the evaluation process. MeasureIn order to ensure uniform conditions for the implementation of this Regulation should be adopted by the management procedure, as provided for in Article 4 of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission. , in particular for the adoption and adaptation of the multiannual evaluation programme and of the first section of the annual evaluation programme, for making recommendations on the classification of the findings in the evaluation reports, and for scheduling announced visits to verify the implementation of the action plan adopted by a Member State to remedy the identified weaknesses, implementing powers should be conferred on the Commission. 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 Member States of the Commission's exercise of implementing powers.1 __________________ 1 OJ L 55, 28.2.2011, p. 13.
Amendment 38 #
2010/0312(COD)
Proposal for a regulation
Recital 11 a (new)
Recital 11 a (new)
(11a) The European Data Protection Supervisor and the national supervisory authorities, each acting within the scope of their respective competences, should participate in on-site visits concerning data protection.
Amendment 39 #
2010/0312(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) The evaluation mechanism should provide for a support mechanism in case a serious deficiency, which has a possible significant impact on the internal security of the Schengen area, is detected in a Member State applying the Schengen acquis in full or in part. In the event of the Member State concerned not being able, within a six-month period and with the support of Frontex experts, to remedy the deficiency, it should be possible to apply follow-up measures and sanctions.
Amendment 40 #
2010/0312(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13b) The sanctions may comprise a temporary reintroduction of border control at the internal borders by the other Member States of the Schengen area. A temporary reintroduction of border control at the internal borders should be the Council's decision, to be made only under exceptional circumstances, with a partial or a complete reintroduction of border control possible, and limited in duration to six months.
Amendment 46 #
2010/0312(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. AThe Commission shall adopt implementing acts with a view to establishing a multiannual evaluation programme covering a period of five years shall be established by the Commission,. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15 (2), not later than six months before the start of the next five-year period.
Amendment 63 #
2010/0312(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The first section of the programme, adopted in accordance with the procedure referred to in Article 15(2), shall list the Member States to be evaluated in the next year in accordance with the multiannual programme. This section shall list the areas to be evaluated and the on-site visits. The Commission shall adopt the first section of the programme by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
Amendment 68 #
2010/0312(COD)
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The European Data Protection Supervisor and the national supervisory authorities, each acting within the scope of their respective competences, shall be invited to participate in on-site visits concerning data protection.
Amendment 76 #
2010/0312(COD)
Proposal for a regulation
Article 13 – paragraph 5 – subparagraph 2
Article 13 – paragraph 5 – subparagraph 2
The Commission shall adopt implementing acts with a view to making recommendations addressing the classification of the findings referred to in paragraph 3 shall be adopted by the Commission. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15 (2).
Amendment 79 #
2010/0312(COD)
Proposal for a regulation
Article 13 – paragraph 6 – subparagraph 1
Article 13 – paragraph 6 – subparagraph 1
The Member State concerned shall report to the Commission on implementation of the action plan within six months of receipt of the report and shall thereafter continue to report every three months until the action plan is fully implemented. Depending on the severity of the weaknesses identified and the measures taken to remedy them, the Commission may adopt implementing acts with a view to scheduleing announced visits to verify the implementation of the action plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 15 (2) to verify implementation of the action plan. The Commission may also schedule unannounced on-site visits.
Amendment 84 #
2010/0312(COD)
Proposal for a regulation
Article 13 b (new)
Article 13 b (new)
Article 13b Follow-up procedure Six months after the detection of a serious deficiency within the meaning of Article 13(7) the Commission shall schedule an on-site visit. If the on-site visit reveals that the serious deficiency persists, despite the support granted to the Member State under Article 13a, the Council, following a proposal from the Commission and after consulting the European Parliament, shall adopt a decision on sanctions. The Council shall act by qualified majority.
Amendment 87 #
2010/0312(COD)
Proposal for a regulation
Article 13 c (new)
Article 13 c (new)
Amendment 63 #
2010/0064(COD)
Proposal for a directive
Recital 10
Recital 10
(10) Measures to protect child victims and measures to adapt the justice system dealing with them should be adopted in their best interest, taking into account an assessment of their needs. Child victims should have easy access to legal remedies, including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family and of their right to be protected against the risk of repeated victimisation, especially through violation of their privacy, and giving their opinions and views due weight, as envisaged, for example, in the UN Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime and in the Guidelines of the Committee of Ministers of the Council of Europe on child friendly justice. Child victims should have easy access to legal remedies, including free legal counselling and representation and measures to address conflicts of interest where abuse occurs in the family. In that regard, child victims, and their parents if not implicated in the alleged abuse, should be fully informed about their rights, the services at their disposal, the progress and outcome of the proceedings, and legal counselling and representation should also be provided for claiming compensation. Furthermore, provisions should be made for non-implicated parents or guardians to receive adequate help and training in order to assist their child throughout the proceedings and the recovery period. Moreover, child victims should be protected from sanctions, for example under national legislation on immigration or prostitution, if they bring their case to the attention of competent authorities. Furthermore, participation in criminal proceedings by child victims should not cause additional trauma as a result of interviews or visual contact with offenders.
Amendment 75 #
2010/0064(COD)
Proposal for a directive
Recital 13
Recital 13
(13) Child pornographysexual abuse material, which constitutes sex abuse images, is a specific type of content which cannot be construed as the expression of an opinion. To combat it, it is necessary to reduce the circulation of child sexual abuse material by making it more difficult for offenders to upload such content onto the publicly accessible Web. Action is therefore necessary to remove the content at source and apprehend those guilty by avoiding inefficient technical measures which not only leave the illegal material online but also lead to the re-victimisation of abused children. Action is therefore necessary to remove the content at source as quickly as possible, as well as to take action against those who are under strong suspicion of making, distributing or downloading child sexual abuse imagesterial. The EU, in particular through increased cooperation with third countries and international organisations, should seek to facilitate the effective removal by third country authorities of websites containing child pornography, which are hosted in their territory. However as, despite such efforts, the removal of child pornography content at its source proves to be difficult where the original materials are not located within the EU, mechanisms should also be put in place to block access from the Union's territory to internet pages identified as containing or disseminating child pornography. For that purpose, different mechanisms can be used as appropriate, including facilitating the competent judicial or police authorities to order such blocking, orwith the help of bilateral or multilateral agreements, should seek to facilitate the effective removal and concurrent criminal prosecution by third country authorities of persons in their territory who placed child sexual abuse material on websites or caused its distribution over the Internet. For that purpose it is necessary to use the results of Safer Internet Programme, supporting and stimulatinge the Internet Service Pproviders on a voluntary basis to develop codes of conduct and guidelines for blocking access to such Internet pages. Both with a view to the removal and the blocking of child abuse content, cooperation between public authorities should be established and strengthened, particularly in the interest of ensuring that national lists of websites containing child pornography material are as complete as possible and of avoiding duplication of work. Any such developments must take account of the rights of the end users, adhere to existing legal and judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union. The Safer Internet Programme has set up a network of hotlines whose goal is to collect information and to ensure coverage and exchange of reports on the major types of illegal content online, as well as cooperate with the relevant NGOs and associations, like the Association of Internet Hotlines. Cooperation between the initiatives, public authorities and the Internet Service Providers industry should be established and strengthened to coordinate and expedite communication of notices, take- down efforts and evidence gathering for prosecution. Any such measures must respect the rights of the end users, be introduced by law, comply with judicial procedures and comply with the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.
Amendment 95 #
2010/0064(COD)
Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
Article 2 – paragraph 1 – point b – introductory part
(b) "child pornography" or "child sexual abuse material" shall mean
Amendment 107 #
2010/0064(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. Causing, for sexual purposes, a child who has not reached the age of sexual consent under national law to witness sexual abuse or sexual activities, even without having to participate, shall be punishable by a maximum term of imprisonment of at least twohree years.
Amendment 210 #
2010/0064(COD)
Proposal for a directive
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 238 #
2010/0064(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall provide for the possibility of, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that competent national authorities are entitled not to prosecutinge or imposinge penalties on child victims of the offences referred to in Articles 4 and Article 5 (4) to (6) for their involvement in unlawful activities as a direct consequence of being subjected to those offences.
Amendment 261 #
2010/0064(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
1. Victims of the offences referred to in Articles 3 to 7 shall be provided assistance, support and protection, taking into account the best interests of the child. Assistance and training should be extended to the parents or guardians of the child, in case they are not implicated as suspects in relation to the offence concerned, in order to help them assist their child throughout the proceedings and the recovery period.
Amendment 315 #
2010/0064(COD)
Proposal for a directive
Article 21 – title
Article 21 – title
Amendment 323 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Member States shall take the necessary legal measures to obtain the blocking of access by Internet users in their territory to Internet pages containing or disseminating child pornography. The blocking of access shall be subject to adequate safeguards, in particular to ensure that the blocking is limited to what is necessary, that users are informed of the reason for the blocking and that content providers, as far as possible, are informed of the possibility of challenging itfor the rapid removal at source of child sexual abuse material stored or disseminated on Internet pages whether hosted in the EU or abroad. The removal at source shall be subject to clear legal and judicial safeguards, in particular to ensure that the evidence is preserved for criminal investigations.
Amendment 336 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2
Article 21 – paragraph 2
2. Without prejudice to the above, Member States shall take the necessary measures to obtain the removal of ihere Member States implement additional measures to restrict access by Internet users in their territory to Internet pages containing or disseminationg child pornographysexual abuse material, these must be necessary, transparent, proportionate, prescribed by law and subject to the control of a judge, in accordance with legal systems of Member States.
Amendment 342 #
2010/0064(COD)
Proposal for a directive
Article 21 – paragraph 2 a (new)
Article 21 – paragraph 2 a (new)
2a. The European Commission shall submit to the European Parliament an annual report on the activities undertaken by Member States to remove child sexual abuse material from Internet pages.
Amendment 151 #
2008/2186(DEC)
Motion for a resolution
Heading after paragraph 124
Heading after paragraph 124
Second-generation Schengen Information System
Amendment 152 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 a (new)
Paragraph 124 a (new)
124a. Is very concerned about the delays in setting up the second-generation Schengen Information System and the implications of these delays for the EU budget and the Member States’ budgets; notes that the so-called ‘milestone 1 test’ concerning the stability, reliability and performance of the SIS II project, carried out at the end of January 2010, was not successful;
Amendment 153 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 b (new)
Paragraph 124 b (new)
124b. Recalls the Commission’s obligation under Council Regulation (EC) No 1104/2008 of 24 October 2008 on migration from the Schengen Information System (SIS I+) to the second generation Schengen Information System (SIS II)1 and Council Decision 2008/839/JHA of 24 October 2008 on migration from the Schengen Information System (SIS I+) to the second generation Schengen Information System (SIS II)2 to submit a progress report concerning the development of SIS II and the migration from SIS I + to SIS II to the European Parliament and the Council every six months and for the first time after the first six months of 2009; notes that the first progress report, covering the period from January 2009 until June 2009 (COM(2009)0555) and published on 22 October 2009, is outdated and that the second progress report is not yet available;
Amendment 154 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 c (new)
Paragraph 124 c (new)
Amendment 155 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 d (new)
Paragraph 124 d (new)
124d. Stresses that the Commission should comply with its reporting obligations in a more timely and transparent manner;
Amendment 156 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 e (new)
Paragraph 124 e (new)
124e. Invites the European Court of Auditors to carry out an in-depth audit and to present a special report evaluating the management of the SIS II project by the Commission, from the beginning of the project starting with the initial call for tenders;
Amendment 157 #
2008/2186(DEC)
Motion for a resolution
Paragraph 124 f (new)
Paragraph 124 f (new)
124f. Reserves the right to hold in reserve the funds to be allocated for the development of SIS II in the 2011 annual budget, in order to ensure full parliamentary scrutiny and oversight of the process;
Amendment 24 #
2008/2132(INI)
Motion for a resolution
Paragraph 1a (new)
Paragraph 1a (new)
1a. Believes it is important to complement the traditional 'sun, sea and sand' product in the coastal zones with marine-related leisure activities (recreational fishing, diving, surfing, etc);
Amendment 46 #
2008/2132(INI)
Motion for a resolution
Paragraph 4a (new)
Paragraph 4a (new)
4a. Encourages the Commission and the Member States to include coastal tourism on the list of political priorities for coastal regions in the Union;
Amendment 84 #
2008/2132(INI)
Motion for a resolution
Paragraph 12a (new)
Paragraph 12a (new)
12a. Recommends action by the Commission and the Member States to simplify the legislative framework with a view to boosting activities such as green tourism, fisheries tourism, whale- watching, etc, in the coastal Member States;
Amendment 1 #
2008/2020(INI)
Proposal for a recommendation
Citation 7
Citation 7
− having regard to existing and planned EU databases such as the Schengen Information System, Eurodac and the Visa Information System, and to biometric data collection measures such as those for residence permits and passports, which will also allow the creation of databases,
Amendment 3 #
2008/2020(INI)
Proposal for a recommendation
Recital -A (new)
Recital -A (new)
-A. whereas the Member State governments are making ever greater use of new technologies, via programmes and systems involving the acquisition, use, retention or exchange of information on individuals, as a means of combating terrorism or responding to other threats in the context of the fight against crime,
Amendment 4 #
2008/2020(INI)
Proposal for a recommendation
Recital -A a (new)
Recital -A a (new)
-Aa. having regard to the need to adopt, at European level, a clear definition of profiling, having in mind the specific objective pursued. Profiling is an investigation technique made possible by the new technologies and commonly used in the commercial sector, but now also increasingly used as an instrument of law enforcement, notably for the detection and prevention of crime and also in the context of border controls;
Amendment 5 #
2008/2020(INI)
Proposal for a recommendation
Recital A
Recital A
A. Whereas the practice of profiling, in which is often carried out throughone of the commonly used techniques is the automated 'mining' of computer-held data, merits examination and political debate since it controversially departs from the general rule that law enforcement decisions should be based on an individual's personal conduct; profiling is an investigative technique taking information from various sources about people, which may include their ethnicity, race, nationality and religion, as a basis for trying to identify and potentially sanctionbring to justice those among them who may be criminal or terrorist suspects, and can be defined as:
Amendment 14 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 - point a a (new)
Paragraph 1 - point a a (new)
(aa) a legal framework should be established providing a clear definition of both profiling and the automated 'mining' of computer-held data, with a view to establishing clear rules on legitimate use and laying down limits; it is also necessary to introduce the necessary data protection guarantees for individuals and mechanisms for establishing responsibility;
Amendment 15 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 - point a b (new)
Paragraph 1 - point a b (new)
(ab) a set of criteria should be established for assessing the effectiveness, legitimacy and consistency with Community values of all profiling activities;
Amendment 19 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 - point e a (new)
Paragraph 1 - point e a (new)
(ea) with a view to evaluating the problem of racial or ethnic profiling, it is essential that there should be statistics providing the necessary information as to whether or not this type of data collection exists in the Member States; the Article 29 Working Party should therefore be asked for an opinion including those statistics,
Amendment 21 #
2008/2020(INI)
Proposal for a recommendation
Paragraph 1 - point f
Paragraph 1 - point f
(f) the collection of data on individuals solely on the basis that they have a particular racial or ethnic origin, religious conviction, sexual orientation or behaviour, political opinions or are members of particular movements or organisations which are not proscribed by law should be prohibited; it is necessary to establish guarantees regarding protection and procedures for appealing against the discriminatory use of law enforcement instruments;
Amendment 10 #
2008/0078(CNS)
Proposal for a regulation
Article 11A a (new)
Article 11A a (new)
Amendment 11 #
2008/0078(CNS)
Proposal for a regulation
Article 12
Article 12
This Regulation shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall expire on the date to be fixed by the Council, acting in accordance with Article 55(2) of Regulation (EC) No 1987/2006, and in any event no later than on 30 June 2010..
Amendment 10 #
2008/0077(CNS)
Proposal for a decision
Article 11A a (new)
Article 11A a (new)
Amendment 11 #
2008/0077(CNS)
Proposal for a decision
Article 12
Article 12
This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union. It shall expire on the date to be fixed by the Council, acting in accordance with Article 71(2) of Council Decision 2007/533/JHA, and in any event no later than on 30 June 2010.
Amendment 1 #
2007/0216(COD)
Proposal for a regulation – amending act
Article 1 – point 1
Article 1 – point 1
Regulation (EC) No 2252/2004
Article 1 – paragraph 1
Article 1 – paragraph 1
(1) In Article 1, paragraph 1 ishall be replaced by the following: "1. Passports and travel documents issued by Member States shall comply with the minimum security standards set out in the Annex. They shall be issued as individual documents. Passports issued for minors shall include a special field containing the name of the person(s) who has (have) parental responsibility for the child. In order for a child to travel outside the EU with a person not entered in his/her passport, that person shall provide a written authorisation given by the holder of parental responsibility for the child authorising that person to travel with the child on a particular journey."
Amendment 2 #
2007/0216(COD)
Proposal for a regulation – amending act
Article 1 – point 2 c (new)
Article 1 – point 2 c (new)
Regulation (EC) No 2252/2004
Article 1 b (new)
Article 1 b (new)
(2c) Article 1b shall be inserted: "Article 1b 1. Access to the biometric data collected for the purpose of issuing passports or travel documents shall be limited to: (a) the national authorities responsible for issuing passports or travel documents; and (b) the national services responsible for border control as notified under Article 15(2) of Regulation (EC) No 562/2006 (Schengen Borders Code). 2. The storage medium may be used only: (a) by the national authorities responsible for issuing passports or travel documents for the purpose of reading, storing, modifying and erasing data; and (b) by the national services responsible for border control as notified under Article 15(2) of Regulation (EC) No 562/2006 (Schengen Borders Code) for the purpose of reading the data. 3. Biometric data shall not subsequently be transferred to authorities other than the competent authorities or to third countries."
Amendment 3 #
2007/0216(COD)
Proposal for a regulation – amending act
Article 1 – point 2 h (new)
Article 1 – point 2 h (new)
Regulation (EC) No 2252/2004
Article 4 – paragraph 3
Article 4 – paragraph 3
(2h) Article 4(3) shall be replaced by the following: "3. Once the passports or travel documents have been issued, the biometric data collected for that purpose shall be used exclusively for the purpose of border control and only for verifying: (a) the authenticity of the document; (b) the identity of the holder by means of directly available comparable features when the passport or other travel documents are required to be produced in accordance with the provisions of Regulation (EC) No 562/2006 (Schengen Borders Code). Biometric data shall be stored only on the storage medium and shall not be kept in a central database."
Amendment 4 #
2007/0216(COD)
Proposal for a regulation – amending act
Article 1 – point 2 k (new)
Article 1 – point 2 k (new)
Regulation (EC) No 2252/2004
Article 5 a (new)
Article 5 a (new)