BETA

Activities of Abir AL-SAHLANI

Plenary speeches (53)

Situation in Turkey, notably the removal of elected mayors
2019/09/19
Dossiers: 2019/2821(RSP)
The situation in Iraq, in particular the violent suppression of young people’s and students' protests (debate)
2019/10/23
Situation in the broader Middle East region, including the crisis in Iran, Iraq and Lebanon (debate)
2019/11/27
EU disability strategy post 2020 (debate)
2019/12/17
Eritrea, the case of Dawit Isaak
2020/10/08
Dossiers: 2020/2813(RSP)
Action Plan for the implementation of the European Pillar of Social Rights, in preparation of the Social Summit in Porto in May (debate)
2021/03/10
New avenues for legal labour migration (debate)
2021/05/19
Dossiers: 2020/2010(INI)
Sexual and reproductive health and rights in the EU, in the frame of women’s health (debate)
2021/06/23
Dossiers: 2020/2215(INI)
Breaches of EU law and of the rights of LGBTIQ citizens in Hungary as a result of the adopted legal changes in the Hungarian Parliament - The outcome of 22 June hearings under Article 7(1) of the TEU regarding Poland and Hungary (continuation of debate)
2021/07/07
Dossiers: 2021/2780(RSP)
Situation in Afghanistan (debate)
2021/09/14
Dossiers: 2021/2877(RSP)
The protection of persons with disabilities through petitions: lessons learnt (debate)
2021/10/04
Dossiers: 2020/2209(INI)
Humanitarian situation in Tigray (debate)
2021/10/05
Dossiers: 2021/2902(RSP)
The state law relating to abortion in Texas, USA
2021/10/07
The Rule of law crisis in Poland and the primacy of EU law (debate)
2021/10/19
2019 Discharge: European Border and Coast Guard Agency (debate)
2021/10/21
Dossiers: 2020/2167(DEC)
Legal migration policy and law (debate)
2021/11/23
Dossiers: 2020/2255(INL)
The International Day of Elimination of Violence Against Women and the State of play on the ratification of the Istanbul Convention (continuation of debate)
2021/11/25
The Rule of Law and the consequences of the ECJ ruling (continuation of debate)
2022/02/16
Shrinking space for civil society in Europe (debate)
2022/03/07
Dossiers: 2021/2103(INI)
Foreign interference in all democratic processes in the EU (debate)
2022/03/08
Dossiers: 2020/2268(INI)
The deterioration of the situation of refugees as a consequence of the Russian aggression against Ukraine (debate)
2022/03/08
Use of the Pegasus Software by EU Member States against individuals including MEPs and the violation of fundamental rights (topical debate)
2022/05/04
The continuous crackdown of political opposition in Cambodia
2022/05/04
The Commission's proposal for "Attracting skills and talent to the EU", particularly the Talent Partnerships with North African countries (topical debate)
2022/06/08
Existence of a clear risk of a serious breach by Hungary of the values on which the Union is founded (debate)
2022/09/14
Dossiers: 2018/0902R(NLE)
Situation of fundamental rights in the EU in 2020 and 2021 (debate)
2022/09/14
Dossiers: 2021/2186(INI)
Situation of Roma people living in settlements in the EU (debate)
2022/10/04
Dossiers: 2022/2662(RSP)
The death of Mahsa Amini and the repression of women's rights protesters in Iran (debate)
2022/10/04
Continued internal border controls in the Schengen area in light of the recent ruling by the Court of Justice of the European Union (C-368/20) (debate)
2022/10/18
Whitewashing of the anti-European extreme right in the EU (topical debate)
2022/10/19
Situation of human rights in the context of the FIFA world cup in Qatar (debate)
2022/11/21
Forced displacement of people as a result of escalating conflict in Eastern Democratic Republic of Congo (DRC)
2022/11/23
Dossiers: 2022/2957(RSP)
Towards equal rights for persons with disabilities (debate)
2022/12/12
Dossiers: 2022/2026(INI)
Presentation of the programme of activities of the Swedish Presidency (debate)
2023/01/17
Terrorist threats posed by far-right extremist networks defying the democratic constitutional order (debate)
2023/01/18
Council of Europe Convention on preventing and combating violence against women and domestic violence: EU accession (continuation of debate)
2023/02/14
Dossiers: 2016/0062R(NLE)
Establishment of an independent EU Ethics Body (debate)
2023/02/14
Deaths at sea: a common EU response to save lives and action to ensure safe and legal pathways (debate)
2023/03/15
Iran: in particular the poisoning of hundreds of school girls
2023/03/15
EU relations with Iraq (debate)
2023/04/18
Myanmar, notably the dissolution of democratic political parties
2023/05/10
Strengthening social dialogue (debate)
2023/05/31
Dossiers: 2023/2536(RSP)
State of the SME Union (debate)
2023/07/12
Recommendations for reform of the European Parliament’s rules on transparency, integrity, accountability and anti-corruption (debate)
2023/07/12
Dossiers: 2023/2034(INI)
Iran: one year after the murder of Jina Mahsa Amini (debate)
2023/09/12
European Media Freedom Act (debate)
2023/10/03
Dossiers: 2022/0277(COD)
Need for a speedy adoption of the asylum and migration package (debate)
2023/10/04
Statement by the President
2023/10/17
A true geopolitical Europe now (topical debate)
2023/10/18
Humanitarian situation in Gaza, the need for the release of hostages and for an immediate humanitarian truce leading to a ceasefire and the prospects for peace and security in the Middle East (debate)
2023/11/22
Latest attacks against women and women's rights defenders in Iran, and Iran's arbitrary detention of EU nationals
2023/11/22
Dossiers: 2023/2979(RSP)
Need to release all hostages, to achieve a humanitarian ceasefire and prospect of the two-state solution (debate)
2023/12/12
Need to release all hostages, to achieve a humanitarian ceasefire and prospect of the two-state solution (debate)
2023/12/12

Reports (1)

REPORT with recommendations to the Commission on legal migration policy and law
2021/11/05
Committee: LIBE
Dossiers: 2020/2255(INL)
Documents: PDF(240 KB) DOC(92 KB)
Authors: [{'name': 'Abir AL-SAHLANI', 'mepid': 197400}]

Shadow reports (4)

REPORT Towards equal rights for persons with disabilities
2022/11/30
Committee: LIBE
Dossiers: 2022/2026(INI)
Documents: PDF(366 KB) DOC(148 KB)
Authors: [{'name': 'Anne-Sophie PELLETIER', 'mepid': 197527}]
REPORT on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2018/1806, listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (Kuwait, Qatar)
2022/12/05
Committee: LIBE
Dossiers: 2022/0135(COD)
Documents: PDF(208 KB) DOC(86 KB)
Authors: [{'name': 'Erik MARQUARDT', 'mepid': 197462}]
REPORT on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents (recast)
2023/04/13
Committee: LIBE
Dossiers: 2022/0134(COD)
Documents: PDF(444 KB) DOC(197 KB)
Authors: [{'name': 'Damian BOESELAGER', 'mepid': 197439}]
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims
2023/10/10
Committee: FEMMLIBE
Dossiers: 2022/0426(COD)
Documents: PDF(263 KB) DOC(92 KB)
Authors: [{'name': 'Malin BJÖRK', 'mepid': 124992}, {'name': 'Eugenia RODRÍGUEZ PALOP', 'mepid': 197785}]

Opinions (1)

OPINION on the proposal for a directive of the European Parliament and of the Council concerning the status of third-country nationals who are long-term residents
2023/01/24
Committee: EMPL
Dossiers: 2022/0134(COD)
Documents: PDF(244 KB) DOC(190 KB)
Authors: [{'name': 'Abir AL-SAHLANI', 'mepid': 197400}]

Shadow opinions (8)

OPINION on the report on the implementation of National Roma Integration Strategies: Combating negative attitudes towards people with Romani background in Europe
2020/07/09
Committee: FEMM
Dossiers: 2020/2011(INI)
Documents: PDF(135 KB) DOC(51 KB)
Authors: [{'name': 'Lívia JÁRÓKA', 'mepid': 28141}]
OPINION on strengthening the single market: the future of free movement of services
2020/10/02
Committee: EMPL
Dossiers: 2020/2020(INI)
Documents: PDF(160 KB) DOC(76 KB)
Authors: [{'name': 'Marc BOTENGA', 'mepid': 187917}]
OPINION on the report on the effects of climate change on human rights and the role of environmental defenders on this matter
2020/12/02
Committee: LIBE
Dossiers: 2020/2134(INI)
Documents: PDF(162 KB) DOC(77 KB)
Authors: [{'name': 'Lena DÜPONT', 'mepid': 99945}]
OPINION on the proposal for a directive of the European Parliament and of the Council on a single application procedure for a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State (recast)
2023/01/25
Committee: EMPL
Dossiers: 2022/0131(COD)
Documents: PDF(252 KB) DOC(198 KB)
Authors: [{'name': 'Agnes JONGERIUS', 'mepid': 125021}]
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Single Market emergency instrument and repealing Council Regulation No (EC) 2679/98
2023/07/03
Committee: EMPL
Dossiers: 2022/0278(COD)
Documents: PDF(275 KB) DOC(187 KB)
Authors: [{'name': 'Marc ANGEL', 'mepid': 202073}]
OPINION on the proposal for a regulation of the European Parliament and of the Council on prohibiting products made with forced labour on the Union market
2023/07/19
Committee: EMPL
Dossiers: 2022/0269(COD)
Documents: PDF(240 KB) DOC(179 KB)
Authors: [{'name': 'Mounir SATOURI', 'mepid': 197500}]
OPINION on the proposal for a Council regulation on jurisdiction, applicable law, recognition of decisions and acceptance of authentic instruments in matters of parenthood and on the creation of a European Certificate of Parenthood
2023/09/19
Committee: FEMM
Dossiers: 2022/0402(CNS)
Documents: PDF(202 KB) DOC(142 KB)
Authors: [{'name': 'Robert BIEDROŃ', 'mepid': 197498}]
OPINION on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities
2023/12/04
Committee: FEMM
Dossiers: 2023/0311(COD)
Documents: PDF(207 KB) DOC(167 KB)
Authors: [{'name': 'Rosa ESTARÀS FERRAGUT', 'mepid': 96811}]

Institutional motions (84)

MOTION FOR A RESOLUTION on Iran, notably the situation of women's rights defenders and imprisoned EU dual nationals
2019/09/16
Dossiers: 2019/2823(RSP)
Documents: PDF(159 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on Myanmar, notably the situation of the Rohingya
2019/09/16
Dossiers: 2019/2822(RSP)
Documents: PDF(148 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the situation in Turkey, notably the removal of elected mayors
2019/09/16
Dossiers: 2019/2821(RSP)
Documents: PDF(178 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on Iran, notably the situation of women’s rights defenders and imprisoned EU dual nationals
2019/09/18
Dossiers: 2019/2823(RSP)
Documents: PDF(158 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on Myanmar, notably the situation of the Rohingya
2019/09/18
Dossiers: 2019/2822(RSP)
Documents: PDF(156 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on situation in Turkey, notably the removal of elected mayors
2019/09/18
Dossiers: 2019/2821(RSP)
Documents: PDF(159 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the criminalisation of sexual education in Poland
2019/11/06
Dossiers: 2019/2891(RSP)
Documents: PDF(162 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child
2019/11/20
Dossiers: 2019/2876(RSP)
Documents: PDF(205 KB) DOC(64 KB)
MOTION FOR A RESOLUTION on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence
2019/11/25
Dossiers: 2019/2855(RSP)
Documents: PDF(163 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on Haiti
2019/11/25
Dossiers: 2019/2928(RSP)
Documents: PDF(155 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/25
Dossiers: 2019/2929(RSP)
Documents: PDF(151 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation of freedoms in Algeria
2019/11/25
Dossiers: 2019/2927(RSP)
Documents: PDF(141 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the situation in Bolivia
2019/11/25
Dossiers: 2019/2896(RSP)
Documents: PDF(148 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on recent actions by the Russian Federation against Lithuanian judges, prosecutors and investigators involved in investigating the tragic events of 13 January 1991 in Vilnius
2019/11/25
Dossiers: 2019/2938(RSP)
Documents: PDF(141 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Bolivia
2019/11/26
Dossiers: 2019/2896(RSP)
Documents: PDF(155 KB) DOC(50 KB)
JOINT MOTION FOR A RESOLUTION on recent actions by the Russian Federation against Lithuanian judges, prosecutors and investigators involved in investigating the tragic events of 13 January 1991 in Vilnius
2019/11/26
Dossiers: 2019/2938(RSP)
Documents: PDF(160 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on Haiti
2019/11/27
Dossiers: 2019/2928(RSP)
Documents: PDF(161 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
2019/11/27
Dossiers: 2019/2929(RSP)
Documents: PDF(154 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation of freedoms in Algeria
2019/11/27
Dossiers: 2019/2927(RSP)
Documents: PDF(175 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on public discrimination and hate speech against LGBTI people, including LGBTI free zones
2019/12/10
Dossiers: 2019/2933(RSP)
Documents: PDF(172 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on violations of human rights including religious freedoms in Burkina Faso
2019/12/16
Dossiers: 2019/2980(RSP)
Documents: PDF(149 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the Russian "Foreign Agents" Law
2019/12/16
Dossiers: 2019/2982(RSP)
Documents: PDF(179 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation of human rights and democracy in Nicaragua
2019/12/16
Dossiers: 2019/2978(RSP)
Documents: PDF(148 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the situation of the Uyghurs in China (China Cables)
2019/12/16
Dossiers: 2019/2945(RSP)
Documents: PDF(146 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the rule of law in Malta following the recent revelations surrounding the murder of Daphne Caruana Galizia
2019/12/16
Dossiers: 2019/2954(RSP)
Documents: PDF(191 KB) DOC(58 KB)
JOINT MOTION FOR A RESOLUTION on the situation of human rights and democracy in Nicaragua
2019/12/17
Dossiers: 2019/2978(RSP)
Documents: PDF(153 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on the situation of the Uyghurs in China (China Cables)
2019/12/17
Dossiers: 2019/2945(RSP)
Documents: PDF(164 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on violations of human rights including religious freedoms in Burkina Faso
2019/12/18
Dossiers: 2019/2980(RSP)
Documents: PDF(191 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the Russian ‘foreign agents’ law
2019/12/18
Dossiers: 2019/2982(RSP)
Documents: PDF(158 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on European protection of cross-border and seasonal workers in the context of the COVID-19 crisis
2020/06/10
Dossiers: 2020/2664(RSP)
Documents: PDF(196 KB) DOC(59 KB)
MOTION FOR A RESOLUTION on the PRC national security law for Hong Kong and the need for the EU to defend Hong Kong’s high degree of autonomy
2020/06/10
Dossiers: 2020/2665(RSP)
Documents: PDF(146 KB) DOC(49 KB)
JOINT MOTION FOR A RESOLUTION on the PRC national security law for Hong Kong and the need for the EU to defend Hong Kong’s high degree of autonomy
2020/06/15
Dossiers: 2020/2665(RSP)
Documents: PDF(171 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the humanitarian situation in Venezuela and the migration and refugee crisis
2020/07/07
Dossiers: 2019/2952(RSP)
Documents: PDF(183 KB) DOC(52 KB)
MOTION FOR A RESOLUTION on Eritrea, the case of Dawit Isaak
2020/10/05
Dossiers: 2020/2813(RSP)
Documents: PDF(143 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on Eritrea, notably the case of Dawit Isaak
2020/10/07
Dossiers: 2020/2813(RSP)
Documents: PDF(176 KB) DOC(54 KB)
MOTION FOR A RESOLUTION on the de facto ban on the right to abortion in Poland
2020/11/20
Dossiers: 2020/2876(RSP)
Documents: PDF(181 KB) DOC(59 KB)
MOTION FOR A RESOLUTION on the crackdown on the democratic opposition in Hong Kong
2021/01/18
Dossiers: 2021/2505(RSP)
Documents: PDF(167 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the crackdown on the democratic opposition in Hong Kong
2021/01/20
Dossiers: 2021/2505(RSP)
Documents: PDF(168 KB) DOC(56 KB)
MOTION FOR A RESOLUTION on Chinese countersanctions on EU entities and MEPs and MPs
2021/05/12
Dossiers: 2021/2644(RSP)
Documents: PDF(146 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the case of Ahmadreza Djalali in Iran
2021/07/07
Dossiers: 2021/2785(RSP)
Documents: PDF(159 KB) DOC(51 KB)
MOTION FOR A RESOLUTION The state law relating to abortion in Texas, USA
2021/10/04
Dossiers: 2021/2910(RSP)
Documents: PDF(168 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the humanitarian situation in Tigray
2021/10/04
Dossiers: 2021/2902(RSP)
Documents: PDF(156 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the state law relating to abortion in Texas, USA
2021/10/06
Dossiers: 2021/2910(RSP)
Documents: PDF(257 KB) DOC(59 KB)
JOINT MOTION FOR A RESOLUTION on the humanitarian situation in Tigray
2021/10/06
Dossiers: 2021/2902(RSP)
Documents: PDF(173 KB) DOC(58 KB)
MOTION FOR A RESOLUTION on the first anniversary of the de facto abortion ban in Poland
2021/11/03
Dossiers: 2021/2925(RSP)
Documents: PDF(195 KB) DOC(61 KB)
MOTION FOR A RESOLUTION On Human rights situation in North Korea, including the persecution of religious minorities
2022/04/04
Dossiers: 2022/2620(RSP)
Documents: PDF(171 KB) DOC(47 KB)
MOTION FOR A RESOLUTION on the situation of the rule of law and human rights in the Republic of Guatemala
2022/04/04
Dossiers: 2022/2621(RSP)
Documents: PDF(157 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the increasing repression in Russia, including the case of Alexey Navalny
2022/04/04
Dossiers: 2022/2622(RSP)
Documents: PDF(160 KB) DOC(48 KB)
MOTION FOR A RESOLUTION on the situation in Afghanistan, in particular the situation of women’s rights
2022/04/05
Dossiers: 2022/2571(RSP)
Documents: PDF(164 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Afghanistan, in particular the situation of women’s rights
2022/04/06
Dossiers: 2022/2571(RSP)
Documents: PDF(167 KB) DOC(53 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in North Korea, including the persecution of religious minorities
2022/04/06
Dossiers: 2022/2620(RSP)
Documents: PDF(165 KB) DOC(56 KB)
the situation of the rule of law and human rights in the Republic of Guatemala
2022/04/06
Dossiers: 2022/2621(RSP)
Documents: PDF(155 KB) DOC(52 KB)
on the Increasing repression in Russia, including the case of Alexey Navalny
2022/04/06
Dossiers: 2022/2622(RSP)
Documents: PDF(164 KB) DOC(57 KB)
MOTION FOR A RESOLUTION on the continuous crackdown of political opposition in Cambodia
2022/05/02
Dossiers: 2022/2658(RSP)
Documents: PDF(144 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the continuous crackdown of political opposition in Cambodia
2022/05/04
Dossiers: 2022/2658(RSP)
Documents: PDF(165 KB) DOC(57 KB)
MOTION FOR A RESOLUTION the fight against impunity of war crimes in Ukraine
2022/05/13
Dossiers: 2022/2655(RSP)
Documents: PDF(163 KB) DOC(55 KB)
MOTION FOR A RESOLUTION on global threats to abortion rights: the possible overturning of abortion rights in the US by the Supreme Court
2022/06/06
Dossiers: 2022/2665(RSP)
Documents: PDF(229 KB) DOC(64 KB)
MOTION FOR A RESOLUTION on reports of the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/07
Dossiers: 2022/2700(RSP)
Documents: PDF(155 KB) DOC(47 KB)
MOTION FOR A RESOLUTION On Violations of media freedom and safety of journalists in Georgia
2022/06/07
Dossiers: 2022/2702(RSP)
Documents: PDF(159 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the human rights situation in Xinjiang, including the Xinjiang police files
2022/06/08
Dossiers: 2022/2700(RSP)
Documents: PDF(169 KB) DOC(53 KB)
MOTION FOR A RESOLUTION on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
2022/07/04
Dossiers: 2022/2751(RSP)
Documents: PDF(148 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s heath in the EU
2022/07/05
Dossiers: 2022/2742(RSP)
Documents: PDF(199 KB) DOC(55 KB)
on the arrest of Cardinal Zen and the trustees of the 612 relief fund in Hong Kong
2022/07/06
Dossiers: 2022/2751(RSP)
Documents: PDF(157 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the death of Mahsa Jina Amini and the repression of women’s rights protesters in Iran
2022/10/05
Documents: PDF(162 KB) DOC(51 KB)
MOTION FOR A RESOLUTION on growing hate crimes against LGBTIQ+ people across Europe in light of the recent homophobic murder in Slovakia
2022/10/18
Dossiers: 2022/2894(RSP)
Documents: PDF(174 KB) DOC(58 KB)
MOTION FOR A RESOLUTION forced displacement of people as a result of escalating conflict in Eastern Democratic Republic of Congo (DRC)
2022/11/21
Dossiers: 2022/2957(RSP)
Documents: PDF(155 KB) DOC(46 KB)
MOTION FOR A RESOLUTION on human rights in the context of the FIFA world cup in Qatar
2022/11/22
Dossiers: 2022/2948(RSP)
Documents: PDF(152 KB) DOC(47 KB)
JOINT MOTION FOR A RESOLUTION on the forced displacement of people as a result of the escalating conflict in eastern Democratic Republic of the Congo (DRC)
2022/11/23
Documents: PDF(167 KB) DOC(50 KB)
MOTION FOR A RESOLUTION on the EU response to the protests and executions in Iran
2023/01/16
Dossiers: 2023/2511(RSP)
Documents: PDF(161 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the EU response to the protests and executions in Iran
2023/01/18
Documents: PDF(181 KB) DOC(61 KB)
JOINT MOTION FOR A RESOLUTION on Iran, in particular the poisoning of hundreds of schoolgirls
2023/03/15
Documents: PDF(145 KB) DOC(46 KB)
JOINT MOTION FOR A RESOLUTION on Cambodia: the case of opposition leader Kem Sokha
2023/03/15
Documents: PDF(145 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on the universal decriminalisation of homosexuality in the light of recent developments in Uganda
2023/04/18
Dossiers: 2023/2643(RSP)
Documents: PDF(171 KB) DOC(51 KB)
JOINT MOTION FOR A RESOLUTION on the universal decriminalisation of homosexuality in the light of recent developments in Uganda
2023/04/19
Documents: PDF(185 KB) DOC(55 KB)
MOTION FOR A RESOLUTION Myanmar notably the dissolution of democratic political parties
2023/05/08
Dossiers: 2023/2694(RSP)
Documents: PDF(146 KB) DOC(43 KB)
JOINT MOTION FOR A RESOLUTION on Myanmar, notably the dissolution of democratic political parties
2023/05/10
Documents: PDF(144 KB) DOC(45 KB)
MOTION FOR A RESOLUTION on taking stock of Moldova’s path to the EU
2023/10/02
Dossiers: 2023/2838(RSP)
Documents: PDF(153 KB) DOC(49 KB)
MOTION FOR A RESOLUTION on the situation in Nagorno-Karabakh after Azerbaijan’s attack and the continuing threats against Armenia
2023/10/02
Dossiers: 2023/2879(RSP)
Documents: PDF(152 KB) DOC(52 KB)
JOINT MOTION FOR A RESOLUTION on taking stock of Moldova’s path to the EU
2023/10/04
Documents: PDF(171 KB) DOC(55 KB)
JOINT MOTION FOR A RESOLUTION on the situation in Nagorno-Karabakh after Azerbaijan’s attack and the continuing threats against Armenia
2023/10/04
Documents: PDF(174 KB) DOC(57 KB)
JOINT MOTION FOR A RESOLUTION on the effectiveness of the EU sanctions on Russia
2023/11/08
Documents: PDF(170 KB) DOC(57 KB)
MOTION FOR A RESOLUTION the latest attacks against women, women's rights defenders in Iran, and its arbitrary detention of EU nationals
2023/11/20
Dossiers: 2023/2979(RSP)
Documents: PDF(140 KB) DOC(43 KB)
JOINT MOTION FOR A RESOLUTION on the latest attacks against women and women’s rights defenders in Iran, and Iran’s arbitrary detention of EU nationals
2023/11/22
Documents: PDF(146 KB) DOC(45 KB)
JOINT MOTION FOR A RESOLUTION on the latest attacks against women and women’s rights defenders in Iran, and Iran’s arbitrary detention of EU nationals
2023/11/22
Documents: PDF(146 KB) DOC(45 KB)

Oral questions (4)

State of play of Council negotiations on the Regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States
2020/03/06
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State of play of the Council negotiations on the regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States.
2020/07/07
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Strengthening social dialogue in the European Union
2023/04/18
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Strengthening social dialogue in the European Union
2023/04/18
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Written explanations (94)

Objection pursuant to Rule 112: Active substances, including flumioxazine (B9-0103/2019)

Jag valde att rösta emot denna invändning, eftersom kommissionens genomförandeakt följer de vetenskapliga rekommendationerna från vår myndighet för livsmedelssäkerhet, Efsa. Invändningen var också emot det förfarande som innefattar en förlängd godkännandeprocess om det saknas information, men som är fullt laglig enligt artikel 17 i förordning (EG) nr 1107/2009. Jag anser att vi ska följa den lag som samtliga institutioner antagit och inte tolka lagen godtyckligt baserat på en politisk agenda. Därför valde jag att rösta emot denna invändning.
2019/10/10
Objection pursuant to Rule 112: Active substances, including chlorotoluron (B9-0104/2019)

Jag valde att rösta emot denna invändning, eftersom kommissionens genomförandeakt följer de vetenskapliga rekommendationerna från vår myndighet för livsmedelssäkerhet, Efsa. Invändningen var också emot det förfarande som innefattar en förlängd godkännandeprocess om det saknas information, men som är fullt laglig enligt artikel 17 i förordning (EG) nr 1107/2009. Jag anser att vi ska följa den lag som samtliga institutioner antagit och inte tolka lagen godtyckligt baserat på en politisk agenda. Därför valde jag att rösta emot denna invändning.
2019/10/10
Objection pursuant to Rule 112: Genetically modified maize MZHG0JG (SYN-ØØØJG-2) (B9-0107/2019)

Jag valde att rösta emot denna invändning, eftersom kommissionens genomförandeakt följer de vetenskapliga rekommendationerna från vår myndighet för livsmedelssäkerhet, Efsa. Invändningen motsätter sig godkännandet av denna genomförandeakt, eftersom man oroar sig för att produkten blivit immun mot växtskyddsmedlet glyfosat. Dock säger den vetenskapliga analysen att gränsvärdena för restprodukter av växtskyddsmedel ligger inom ramarna för vad som är säkert för konsumtion. Därtill reglerar inte EU-lagstiftning hur tredjeländer använder växtskyddsmedel, så länge gränsvärdena är säkra för mänsklig konsumtion. Därför valde jag att rösta emot.
2019/10/10
Objection pursuant to Rule 112: Genetically modified soybean A2704-12 (ACS-GMØØ5-3) (B9-0105/2019)

Jag valde att rösta emot denna invändning, eftersom kommissionens genomförandeakt följer de vetenskapliga rekommendationerna från vår myndighet för livsmedelssäkerhet, Efsa. Invändningen motsätter sig godkännandet av denna genomförandeakt, eftersom man oroar sig för att produkten blivit immun mot växtskyddsmedlet glyfosat. Dock säger den vetenskapliga analysen att gränsvärdena för restprodukter av växtskyddsmedel ligger inom ramarna för vad som är säkert för konsumtion. Därtill reglerar inte EU-lagstiftning hur tredjeländer använder växtskyddsmedel, så länge gränsvärdena är säkra för mänsklig konsumtion. Därför valde jag att rösta emot.
2019/10/10
Objection pursuant to Rule 112: Genetically modified maize MON 89034 × 1507 × MON 88017 × 59122 × DAS-40278-9 and genetically modified maize combining two, three or four of the single events MON 89034, 1507, MON 88017, 59122 and DAS-40278-9 (B9-0106/2019)

Jag valde att rösta emot denna invändning, eftersom kommissionens genomförandeakt följer de vetenskapliga rekommendationerna från vår myndighet för livsmedelssäkerhet, Efsa. Invändningen motsätter sig godkännandet av denna genomförandeakt, eftersom man oroar sig för att produkten blivit immun mot växtskyddsmedlet glyfosat. Dock säger den vetenskapliga analysen att gränsvärdena för restprodukter av växtskyddsmedel ligger inom ramarna för vad som är säkert för konsumtion. Därtill reglerar inte EU-lagstiftning hur tredjeländer använder växtskyddsmedel, så länge gränsvärdena är säkra för mänsklig konsumtion. Därför valde jag att rösta emot.
2019/10/10
Multiannual Financial Framework 2021-2027 and own resources: time to meet citizens' expectations (B9-0110/2019, B9-0112/2019, B9-0113/2019)

Resolutionen om EU:s långtidsbudget är mycket expansiv i samtliga delar av budgeten. I ett läge med brexit, nya prioriteringar för unionen med behov av ökade insatser inom klimat, miljö migration m.m. måste Europaparlamentet ha en ansvarsfull hållning till den långsiktiga budgeten. Vi måste visa att vi behandlar skattebetalarnas pengar ansvarsfullt och effektivt. Resolutionen innehåller förslag om en alltför kraftig ökning av budgeten samt saknar helt skrivningar om effektivisering och neddragning av ineffektiva program. Jag har därför valt att rösta nej till resolutionen i sin helhet och, där det har varit möjligt enligt röstlistan, att rösta nej till alltför expansiva skrivningar.
2019/10/10
Employment and social policies of the euro area (A9-0016/2019 - Yana Toom)

Betänkandet föreslog långtgående EU-politik inom sysselsättning och arbetsmarknad, där det råder nationell behörighet. Dessutom innehöll det förslag om minimilön och europeiskt försäkringssystem. Centerpartiet är tydligt emot en utveckling där denna typ av frågor beslutas på EU-nivå, och efter att ha röstat emot delar av betänkandet beslutades att rösta emot betänkandet som helhet.
2019/10/10
European Globalisation Adjustment Fund (2014-2020) (A9-0015/2019 - Vilija Blinkevičiūtė)

Vår övertygelse är att välstånd skapas genom fri handel och rättvis konkurrens. Därför är vi principiellt emot den europeiska globaliseringsfonden, som vi menar är ett uttryck för protektionism. Särskilt i ljuset av den svenska Riksrevisionens analys, där man menar att fonden rentav har en negativ effekt på återgången till arbete. Vi anser att fonden förlorat sitt berättigande och inte bör användas mer. I det angivna fallet föreslås en utvidgning av omfattningsområdet för fonden vid ett eventuellt avtalslöst Brexit, som i nuläget förefaller osannolikt. Eftersom att inga nya medel tillförs fonden står vi fast vid vår principiella ståndpunkt avseende fonden och dess användning.
2019/10/22
Draft general budget of the European Union for 2020 - all sections

Europaparlamentets förslag till EU:s budget för 2020 innehåller viktiga ökningar av insatser för att nå klimatmålen och förbereda för ökade målsättningar vad gäller satsningar på klimatinvesteringar i nästa långtidsbudget. Jag beklagar att budgeten inte är mer restriktiv på andra utgiftsområden. Förslaget nyttjar de marginaler som finns och även om det inte innebär en ökning av nuvarande långtidsbudget hade det varit bättre med en något mer restriktiv budget. Jag har trots detta med anledning av de ökade satsningarna på miljö och klimat valt att rösta för budgeten i sin helhet.
2019/10/23
General budget of the European Union for 2020 - all sections (A9-0017/2019 - Monika Hohlmeier, Eider Gardiazabal Rubial)

Europaparlamentets förslag till EU:s budget för 2020 innehåller viktiga ökningar av insatser för att nå klimatmålen och förbereda för ökade målsättningar vad gäller satsningar på klimatinvesteringar i nästa långtidsbudget. Jag beklagar att budgeten inte är mer restriktiv på andra utgiftsområden. Förslaget nyttjar de marginaler som finns och även om det inte innebär en ökning av nuvarande långtidsbudget hade det varit bättre med en något mer restriktiv budget. Jag har trots detta med anledning av de ökade satsningarna på miljö och klimat valt att rösta för budgeten i sin helhet.
2019/10/23
An EU strategy to put an end to female genital mutilation around the world (B9-0090/2020, B9-0092/2020)

I EU lever 600 000 människor med de fysiska och psykiska konsekvenserna av könsstympning, som förekommer i alla kulturer och på alla kontinenter. Mycket arbete görs redan, men de starka sociala normerna och skamkänslorna kring ämnet gör forskning svårt och politiska åtgärder känsliga. Europa måste visa att den oerhörda kränkning och våldsutövning som könsstympning innebär inte accepteras på något plan. EU:s medlemsländer måste ha krav på sig att effektivisera sin lagstiftning och implementeringen av densamma. Vi måste stödja de organisationer som arbetar ute på fältet, och frågan måste beaktas i alla relevanta strategier och planer för kommissionens arbete. Det har därför varit en självklarhet att rösta för denna resolution.
2020/02/12
Conclusion of the EU-Israel Euro-Mediterranean Aviation Agreement (A9-0085/2020 - Andor Deli)

Sverige har haft ett flygavtal med Israel sedan 1977, liksom de flesta andra EU-länder har bilaterala avtal. EU-Israel-avtalet är ett sätt att harmonisera EU-ländernas flygavtal med Israel och dessutom ett sätt att få Israel att följa europeiska regler för såväl flygsäkerhet som miljökrav och konsumentregler, vilket Centerpartiet tycker är bra.
2020/06/17
Conference on the Future of Europe (B9-0170/2020, B9-0179/2020)

Konferensen om Europas framtid kan vara ett bra tillfälle att gemensamt resonera kring vad som fungerar bra och vad som behöver förbättras i EU-samarbetet – inte minst i ljuset av coronakrisen. Centerpartiet är positivt till detta, men har hela tiden understrukit att själva målet med konferensen inte ska vara att riva upp EU-fördragen eller att ta fram en europeisk konstitution. I grunden är Centerpartiet nöjt med den uppdelning av makt som finns mellan EU:s medlemsstater och EU:s institutioner. Med det sagt är Centerpartiet öppet för att diskutera alla förslag som kan komma att läggas fram inom ramen för konferensen.
2020/06/18
EU disability strategy post 2020 (B9-0123/2020)

Under plenarsammanträdet röstade Centerpartiet för detta betänkande om EU:s nya strategi för personer med funktionsnedsättning efter år 2020, med utgångspunkt i EU:s nuvarande handikappstrategi (EDS) 2010–2020. I flera medlemsländer pågår systematisk diskriminering av personer med funktionsnedsättning. Människor institutionaliseras istället för att få möjligheten att bidra till samhällsutvecklingen. Detta betänkande tydliggör behovet av mätbara mål och regelbunden utvärdering och betonar vikten av hälsovård, sysselsättning, kollektivtrafik och bostäder för personer med funktionsnedsättning. Ytterligare en viktig dimension är att satsningar på ökad tillgänglighet får tillräckliga medel för att kunna genomföras. EU ska vara ledande när det gäller att främja rättigheter för personer med funktionsnedsättning. Vi behöver därför en ambitiös och omfattande strategi.
2020/06/18
Competition policy - annual report 2019 (A9-0022/2020 - Stéphanie Yon-Courtin)

En konkurrenskraftig union är nödvändig för att attrahera investeringar och skapa ekonomisk och hållbar tillväxt. Detta betänkande berör både generella konkurrensregler och deras effekter samt sektorsspecifika frågeställningar. Centerpartiet har tagit ställning emot enskilda förslag och ändringsförslag som flyttar makt över skatteområdet från medlemsstaten till EU och förslag som inte går i tillräckligt grön riktning. Det gäller till exempel en konsoliderad bolagsskattebas (CCCTB) samt skapandet av en ny konsumentmyndighet på EU-nivå. Centerpartiet har även motsatt sig förslag som tillåter extensiva statsstöd till fossila bränslen. Grunden till en långsiktig konkurrenskraftig europeisk industri är att främja reformer som gör det lönsamt att ställa om. Centerpartiet har stöttat förslag som främjar öppna gränser och frihandel. Vi anser att ytterligare insatser för fler handelsavtal behövs. EU behöver fortsatt vara öppet för handel, investeringar och samarbete. Centerpartiet valde därför att i den slutgiltiga omröstningen stödja betänkandet.
2020/06/18
The reopening of the investigation against the Prime Minister of the Czech Republic on the misuse of EU funds and potential conflicts of interest (B9-0192/2020)

Centerpartiet ser allvarligt på anklagelserna om korruption och intressekonflikt vad gäller Tjeckiens premiärministers mottagande av stöd från EU:s jordbruksfonder. Alla sådana misstankar ska utredas, och det är mycket viktigt att Andrej Babiš accepterar vad de pågående utredningarna kommer fram till och agerar i linje med vad som krävs av honom. Misstankar om den här typen av intressekonflikter på högsta politiska nivå undergräver tyvärr medborgarnas förtroende för EU, vilket är olyckligt och allvarligt för EU:s legitimitet.
2020/06/19
Banking Union - annual report 2019 (A9-0026/2020 - Pedro Marques)

Centerpartiet har i detta betänkande motsatt sig förslag som förskjuter inflytande över finans- och penningpolitiken från medlemsstater och nationella riksbanker till EU-nivå och Europeiska centralbanken (ECB). Centerpartiet har röstat emot förslag som ämnar att ytterligare bredda kapitalmarknadsunionen och bankunionen, särskilt förslag som skapar ömsesidig finansiell riskfördelning mellan unionens medlemmar. Bankunionen bör även framöver vara ett delsamarbete som Sverige ska ställa sig utanför. För Centerpartiet är det däremot viktigt att bankunionen och dess medlemmar har genomgripande och fungerande regler att förhålla sig till. Detta betänkande berör generella regeltillämpningar samt specifika regleringsmässiga policyförslag. Centerpartiet har mot bakgrund av detta valt att ställa sig bakom betänkandets andemening och generella inriktning.
2020/06/19
Guidelines for the 2021 Budget - Section III (A9-0110/2020 - Pierre Larrouturou)

Centerpartiet vill inte se en ökning av EU:s budget och är också kritiskt till den ökning av egna resurser som slås fast i betänkandet. Dessutom vill Centerpartiet behålla det nationella självbestämmandet vad gäller sysselsättningspolitiken, varför vi inte kunnat rösta för detta betänkande.
2020/06/19
The Anti-racism protests following the death of George Floyd (B9-0194/2020, B9-0195/2020, B9-0196/2020, B9-0197/2020)

Att ta avstånd från alla sorters rasism, hat och våld är en självklarhet. Europaparlamentet har nu med all önskvärd tydlighet visat att vi fördömer rasismen och polisvåldet i USA. Det är dock lika viktigt att EU inte glömmer bort sin egen rasism och vårt koloniala arv. Lagstiftningen kring diskriminering ser tyvärr väldigt olika ut i EU:s medlemsländer och många lever inte ens upp till de regler som finns. Därför är jag mycket glad över att få stödja denna viktiga resolution, där vi, med tydliga och konkreta förslag på åtgärder, stakar ut vägen mot ett annat Europa.
2020/06/19
Situation in the Schengen area following the Covid-19 outbreak (B9-0165/2020)

Schengensamabetet är något av det mest värdefulla vi har i EU, och det är av största vikt att vi så snart som möjligt återgår till ett fungerande område för fri rörlighet. Det är olyckligt att medlemsländerna agerat och infört kontroller på egen hand, och jag anser att de inte tillräckligt rättfärdigat att de åtgärder som vidtagits varit nödvändiga ur smittskyddssynvinkel. Kommissionen måste nu ta ledningen för en koordinerad återgång till öppna inre gränser samt tydligt följa upp de fall där medlemsländer inte agerat lagenligt. Vi behöver även använda de erfarenheter vi har fått denna vår till att stärka Schengen inför framtida kriser. Jag är stolt över att Europaparlamentet tagit tydlig ställning för den fria rörligheten!
2020/06/19
European protection of cross-border and seasonal workers in the context of the COVID-19 crisis (B9-0172/2020)

Renew Europe har inför plenarsessionen tagit ett initiativ till ett betänkande som fokuserar på gräns-och säsongsarbetare. Centerpartiet har varit aktiva i utformningen av betänkandet för att säkerställa att principer som den fria rörligheten på arbetsmarknaden, varor och tjänster värdesätts. Centerpartiet har även betonat vikten av samarbete mellan medlemsstater vad gäller utbyte av information och hur sociala skyldigheter och rättigheter ska struktureras. Idag finns det cirka 1,5 miljoner gränsarbetare i EU. Flera viktiga sektorer är beroende av gränsarbetare och säsongsarbetare för att få sin vardag att gå runt. Flera produkter som produceras från t.ex. skogen används inom flera sektorer som idag är klassade som samhällsviktiga. Det handlar om bioenergi, paketering av livsmedel och läkemedel samt engångsartiklar inom sjukvården. För Centerpartiet är det viktigt att verka för en politisk inriktning som synliggör att marknader och ekonomier är sammankopplade. Sätter vi stopp för vissa företag och industrier så drabbar det snabbt många andra viktiga näringar.
2020/06/19
Daily and weekly driving times, minimum breaks and rest periods and positioning by means of tachographs (A9-0115/2020 - Henna Virkkunen)

Centerpartiet har genomgående under behandlingen av det så kallade mobilitetspaketet verkat för rättvisa villkor, både ur konkurrens- och arbetsmiljösynpunkt. Centerpartiet har ställt sig bakom den slutgiltiga överenskommelse som fattats mellan rådet och Europaparlamentet. Det är särskilt viktigt att den europeiska transport- och åkerisektorn får långsiktiga förutsättningar att bedriva verksamhet genom gemensamma regler. Regelefterlevnad och kontroll är viktiga element för att säkerställa att de nya reglerna efterlevs av aktörerna, både beställare och utförare.
2020/07/08
Guidelines for the employment policies of the Member States (A9-0124/2020 -José Gusmão)

Centerpartiet har genomgående i omröstningen om riktlinjer för medlemsstaternas sysselsättningspolitik röstat emot förslag i betänkandet som innebär att EU:s mandat på arbetsmarknadsområdet och det sociala området ökar. Centerpartiet anser att betänkandet saknar grundläggande referenser till uppdelningen av ansvar mellan medlemsstaterna och EU vad gäller dessa politikområden. Vi har därför röstat emot betänkandet i den slutgiltiga omröstningen. Centerpartiet motsätter sig implementering i form av lagstiftning av den sociala pelaren samt förslag som ökar EU:s inflytande inom pensions- och skattesystem, lönesättning, sociala förmåner, sjukvård, utbildning och bostadsbyggande. Betänkandet uppmuntrar dessutom till ökad politisk intervention i sociala frågor i EU och dynamiken mellan arbetsmarknadens parter. En sådan utveckling kan Centerpartiet inte ställa sig bakom.
2020/07/10
Objection pursuant to Rule 112(2) and (3): Certain uses of chromium trioxide (B9-0202/2020)

Denna fråga gäller en invändning från parlamentet mot kommissionens förslag att i förväg bevilja användning av kromtrioxid, ett klassificerat cancerogent och miljöfarligt ämne, med villkoret att den ansökande måste skicka in utebliven kompletterande information i ett senare skede. Den här typen av godkännande vid bristande ansökning ansågs olagligt av domstolen den 7 Mars 2019. Ansökan för kromtrioxid gäller fyra användningar och har direkt påverkan på 32 000 arbetare. Den sökande har inte presenterat tillräckligt med bevis för att det inte finns alternativa ämnen för dessa användningsområden och ansökan bör därför inte godkännas. Invändningen bör dock inte påverka de användare som använder ämnet där tillgängliga alternativ saknas, såsom inom rymdtekniken. Därför röstade jag för invändningen mot användningen av kromtrioxid, då det behövs en noggrann analys över vilka användningsområden som inte har tillgängliga alternativ för att minska exponeringen och riskerna för arbetare.
2020/07/10
Objection pursuant to Rule 112(2) and (3): Active substances, including flumioxazine (B9-0203/2020)

Denna fråga gäller en invändning från parlamentet mot kommissionens förslag till förlängning av godkännandet av 26 aktiva ämnen i bekämpningsmedel. Invändningen gäller ett av de 26 aktiva substanserna, flumioxazine. I invändningen uppmanas kommissionen att dra tillbaka sitt godkännande av substanserna baserat på att en vidare utredning av flumioxazine måste slutföras. Jag röstade emot denna invändning eftersom vi måste ha förtroende för den oberoende vetenskapliga bedömning som redan har utförts av EU:s myndighet för livsmedelssäkerhet (EFSA) och eftersom dessa substanser alla redan har genomgått och klarat de strikta säkerhets- och miljöbedömningar som krävs enligt EU: s regler.
2020/07/10
A comprehensive Union policy on preventing money laundering and terrorist financing – Commission's Action plan and other recent developments (B9-0207/2020)

Varje år försvinner miljarder kronor på grund av pengatvätt och korruption i EU, och siffrorna går stadigt åt fel håll. Det är tydligt att det krävs gränsöverskridande samarbete för att få bukt med denna typ av internationell brottslighet. Medlemsländerna måste bli bättre på att implementera existerande lagstiftning och EU behöver fler verktyg för att effektivt kunna vidta de åtgärder som behövs – givetvis alltid med respekt för principerna om subsidiaritet och personlig integritet. Därför har jag valt att stödja denna resolution.
2020/07/10
The EU’s public health strategy post-COVID-19 (RC-B9-0216/2020)

Det är viktigt att dra lärdomar av coronakrisen och vad den inneburit för Europas förmåga att hantera denna typ av pandemier. EU har under krisens gång både beskyllts för att göra för mycket och för lite, och det kommer behövas en ordentlig utvärdering av de verktyg som EU har på plats för att bemöta exempelvis pandemier, samt de strukturer som finns för samordning mellan länderna. Dock är det för Centerpartiet viktigt att principen om subsidiaritet och uppdelning av kompetens mellan EU och medlemsstaterna respekteras. Hälsa och sjukvård hanteras framförallt av medlemsstaterna, och i denna resolution fanns en ambition att utöka EU:s påverkan på hälsa och sjukvård; t.ex. genom en EU-fond för sjukhusutbyggnad och europeisk lagstiftning relaterad till äldrevård. En utvärdering av EU:s totala hantering av krisen ska definitivt göras, så att vi står bättre rustade i framtiden, men vi är inte beredda att redan nu föreslå en maktförskjutning från medlemsländerna till EU:s institutioner i dessa frågor, varför vi valde att rösta emot resolutionen.
2020/07/10
Draft Council decision on the system of own resources of the European Union (A9-0146/2020 - José Manuel Fernandes, Valerie Hayer)

Parlamentets betänkande är en reaktion på rådets förslag att utvidga EU:s möjlighet att ta in egna intäkter, till exempel genom en digital skatt på techbolag, och en finansiell transaktionsskatt. Denna utveckling säger Centerpartiet nej till, då vi inte ser det aktuellt att lämna över självbestämmandet av skattepolitiken till EU-nivån. För oss är det viktigt att Sveriges fortsatta självbestämmande kring skattepolitiken värnas. Det kommer vi fortsätta att arbeta aktivt för när konkreta lagförslag om de olika ”egna medlen” så småningom presenteras.
2020/09/16
Implementation of National Roma Integration Strategies: combating negative attitudes towards people with Romani background in Europe

Centerpartiet ser mycket allvarligt på den alltjämt undermåliga situationen för romer i Europa. Trots många års engagemang från EU har få saker, om något, blivit bättre. Romer lever alltför ofta under usla sociala förhållanden, har skral tillgång till sjukvård och grundläggande utbildning samt möter oerhörd diskriminering på arbetsmarknaden. Centerpartiet stöder därför slutsatsen i detta betänkande att de nationella strategierna för integrering av romer framöver måste vara långt mer ambitiösa och bättre följas upp på EU-nivå, givetvis med respekt för de nationella kompetenser som fortsatt tillhör medlemsländerna.
2020/09/17
The Establishment of an EU Mechanism on Democracy, the Rule of Law and Fundamental Rights (A9-0170/2020 - Michal Šimečka)

Centerpartiet och vår partigrupp Renew Europe har under lång tid kämpat för att få till stånd en rättsstatsmekanism, där EU-kommissionen årligen bedömer situationen för rättsstaten i samtliga EU:s medlemsländer. I detta betänkande föreslår Europaparlamentet, återigen efter vårt initiativ, att utvidga mekanismen till att innefatta alla värden som anges i EU-fördragets artikel 2, således även bredare demokratifrågor och grundläggande rättigheter, samt att mekanismen ska göras interinstitutionellt bindande. Jag är mycket stolt över att vi fortsätter att stå längst fram i denna viktiga strid för EU-medborgares rättigheter.
2020/10/07
Implementation of the common commercial policy – annual report 2018 (A9-0160/2020 - Jörgen Warborn)

Detta är en sammanfattande utvärdering av handelspolitiken år 2018, och för Centerpartiet är det viktigt att stå upp för principer om öppenhet, ekonomisk liberalisering och frihandel. Dock fick ett ändringsförslag om att Europaparlamentet inte kommer att ratificera handelsavtalet med Mercosur bred majoritet i parlamentet och kom med i slutbetänkandet. Därför valde Centerpartiet att avstå från att rösta om betänkandet. Beslut om att ratificera EU-Mercosur ska tas i egen ordning, och det är oseriöst att via ett ändringsförslag föra in ett sådant prejudicerande beslut i en översiktlig avrapportering om handelspolitiken.
2020/10/07
The rule of law and fundamental rights in Bulgaria (B9-0309/2020)

Centerpartiet ser med oro på utvecklingen vad gäller situationen för de grundläggande rättigheterna i Bulgarien. Bristande rättssäkerhet, upprepade men otillräckligt utredda anklagelser rörande storskalig korruption samt allt mer inskränkta medier bidrar till att urgröpa demokratins fundament och medborgarnas förtroende för detsamma. Detta påverkar på både kort och lång sikt EU-samarbetet, inte minst då stora summor årligen förskingras från unionens budget. Följaktligen har jag ställt mig bakom denna resolution, där Europaparlamentet kräver att bulgariska myndigheter agerar och utreder nämnda problematik samt uttrycker vårt stöd för det bulgariska folket i deras kamp för att de rättigheter vilka de som EU-medborgare tillerkänns också ska åtnjutas i praktiken.
2020/10/08
Further development of the Capital Markets Union (CMU): improving access to capital market finance, in particular by SMEs, and further enabling retail investor participation (A9-0155/2020 - Isabel Benjumea Benjumea)

Kapitalmarknaden är en viktig byggsten för Europas ekonomi och en förutsättning för många företags finansiering. Detta betänkande tangerar gränsöverskridande investeringar och möjligheten att attrahera kapital från tredje land in i EU. Betänkandet adresserar även vikten av en fungerande infrastruktur för kapitalmarknaden i ljuset av de pågående brexitförhandlingarna. Centerpartiet har röstat emot förslag och formuleringar i betänkandet som tydligt ämnar att överskrida EU:s kompetens vad gäller skatter och skattesystem. Centerpartiet har även röstat emot initiativ som ålägger EU och dess medlemmar ett utökat finansiellt ansvar vad gäller civilsamhället och konsumentorganisationer. Finansiell stabilitet och stringens bör vara vägledande vad gäller det framtida arbetet med kapitalmarknadsunionen. Centerpartiet har därför ställt sig bakom formuleringar som betonar vikten av balanserade räntenivåer som ett verktyg för att kontrollera skuldsättning och det allmänna risktagandet bland investerare. Sammantaget är detta betänkande ett välkommet inlägg i det fortsatta arbetet för att förbättra och fördjupa den europeiska kapitalmarknaden.
2020/10/08
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2020/001 ES/Galicia shipbuilding ancillary sectors (A9-0192/2020 - Valerie Hayer)

Centerpartiet har genomgående innehaft en restriktiv position vad gäller utbetalningar och användning av Globaliseringsfonden. Mot bakgrund av de utvärderingar som gjorts om EGF och dess effekter, så finner Centerpartiet att fonden inte uppnår några långsiktiga positiva effekter vad gäller återanställning, kompetensutveckling och sysselsättning.
2020/10/19
Digital Services Act: Improving the functioning of the Single Market (A9-0181/2020 - Alex Agius Saliba)

Centerpartiet har ställt sig bakom denna rapport då den är ett viktigt steg för att realisera den digitala inre marknaden. Rapporten balanserar principer om rättvis konkurrens och kontroll med öppen och dynamisk näringsfrihet. Centerpartiet kommer att särskilt bevaka dessa aspekter i det kommande arbetet under mandatperioden.
2020/10/20
Employment and social policies of the euro area 2020 (A9-0183/2020 - Klára Dobrev)

Centerpartiet har tagit ställning emot detta betänkande då den innehåller ett flertal kompetensmässiga övertramp vad gäller relationen mellan EU och medlemsstaterna. Särskilt bekymmersamt är betänkandets interventionistiska inriktning vad gäller politikområden såsom arbetsmarknad, sociala skyddsnät, taxering, beskattningsrätt och hälso- och sjukvård. Mot bakgrund av detta har Centerpartiet röstat emot betänkandet och dess politiska innehåll.
2020/10/21
Deforestation (A9-0179/2020 - Delara Burkhardt)

Världens skogar står under ökat tryck från olaglig skövling och bränder. EU har en viktig roll i att skydda världens skogar, och i att inte understöda produkter som främjar olaglig avverkning av skogar. Hållbara och avskogningsfria leveranskedjor med full transparens är ett av EU:s främsta verktyg för att påverka den avskogning som sker utanför EU:s gränser. Detta betänkande är avsett att göra just detta, men inkluderade även referenser som inskränker den nationella kompetensen på skogsområdet och användningen av skogsresurser inom EU. Som en markering för att jag inte kan ställa mig bakom dessa skrivningar i en i övrigt viktigt text, valde jag att avstå min röst vid den slutliga omröstningen.
2020/10/22
Common agricultural policy - support for strategic plans to be drawn up by Member States and financed by the EAGF and by the EAFRD (A8-0200/2019 - Peter Jahr)

Detta betänkande är ett viktigt steg i rätt riktning för en gemensam jordbrukspolitik för medborgare, natur och jordbrukare. Detta samtidigt som vi säkerställer en EU-omfattande ram med huvudmål för bland annat livsmedelssäkerhet, klimat och miljö. Det finns flera saker i den slutgiltiga texten som jag inte är nöjd med, där jag hade velat gå längre på flera områden. Men i det stora hela är betänkandet ett paradigmskifte och flera steg framåt mot mer ambitiösa åtgärder för att uppnå målen i den gröna given och för klimatneutralitet, och även få stärkta investeringar i djurvälfärd och i arbetet mot antibiotisk resistens samtidigt som vi stärker konkurrenskraften och förenklar för bönderna, jag röstade därför för detta betänkande i sin helhet.Mer specifikt fanns det ett ändringsförslag som avser att införa löne- och anställningsskydd i dessa bidragsvillkor. Att europeiska medborgare ska ha bra arbetsvillkor och arbetsmiljö är en självklarhet. Men ett EU-beslut är fel väg att lösa frågan då jag inte anser att man ska reglera arbetsvillkor på EU-nivå. Dessutom kommer detta att resultera i en ökad administrativ börda för bönderna, i en reform som ser till att förenkla för bönderna – som redan går på knäna. Jag röstade därför emot ändringsförslaget.
2020/10/23
Common agricultural policy: financing, management and monitoring (A8-0199/2019 - Ulrike Müller)

En av grundbultarna i den nya reformen till ett förenklat system fastställs genom förordningen om finansiering, förvaltning och övervakning av jordbrukspolitiken. Jag har hela tiden velat se ett skifte från att endast följa regler till ett resultatbaserat system. Jag har velat se en tydlig förenkling av systemet genom avskaffade dubbelkontroller från medlemsstaterna och kommissionen, prestationsbaserad rapportering och kontroller för att stimulera den faktiska användningen av miljöscheman samtidigt som medlemsstaterna levererar högre klimatförändringsmål och miljöambitioner i den gröna given. Tyvärr fanns det en majoritet i plenum för en hybridmodel, där både element av ett resultatbaserat system och ett regelbaserat system inkluderades, vilket kommer att öka byråkratin och försena den övergång som lantbruket måste göra. Därför valde jag att rösta emot sluttexten, och så röstade jag för att se till att den skickas tillbaka till jordbruksutskottet som får möjlighet att reda ut detta inför slutförhandlingen.
2020/10/23
Common agricultural policy – amendment of the CMO and other Regulations (A8-0198/2019 - Eric Andrieu)

EU har harmoniserade regler för produkter på marknaden som fastställer vissa grundkriterier. I synnerhet huruvida det ska vara tillåtet för vegetariska produkter att använda köttrelaterade ord som burgare och korv som beskrivning av varan, anser jag att denna detaljreglering är helt onödig. Det viktiga är att konsumenten är väl informerad om vad produkten innehåller och kan fatta ett informerat beslut utifrån det. I sluttexten finns ett stycke om att förbjuda beskrivningar av växtbaserade produkter med mejeriliknande attribut såsom ”krämig”. Återigen är detta en onödig detaljreglering som ej bör ske på EU-nivå och inte är i linje med de ambitioner vi fastställer i den gröna given eller den reglering som existerar för produktmärkning. Jag röstade därför emot detta ändringsförslag. Slutligen så är det viktigt att EU har harmoniserade regler för produkter och samarbete inom jordbrukssektorn. I den slutliga texten från parlamentet fanns flera viktiga inslag inkluderade, bland annat fler möjligheter att förverkliga hållbarhetsinitiativ i livsmedelskedjan. Däremot gick ett flertal ändringsförslag igenom som väsentligt stör den fria marknaden och främjar en planekonomi. Allt detta sammantaget gjorde att jag valde att lägga ner min slutliga röst i detta ärende.
2020/10/23
Sustainable Europe Investment Plan - How to finance the Green Deal (A9-0198/2020 -Siegfried Mureşan, Paul Tang)

Centerpartiet stöder ambitiösa insatser och åtgärder för att stimulera den gröna omställningen.Betänkandet har i flera avseenden en bra balans mellan miljöambitioner och konkreta åtgärder som bidrar till goda resultat.För Centerpartiet är det finansiella aspekterna av betänkandet däremot inte acceptabla. Det handlar främst om möjligheten för EU att uppta egna resurser och införa självständig beskattningsrätt. Med anledning av betänkandets tydliga finansiella och skattemässiga fokus är det inte möjligt för Centerpartiet att fullt ut stötta betänkandet och dess innehåll.
2020/11/13
Decent and affordable housing for all (A9-0247/2020 - Kim Van Sparrentak)

Centerpartiet har inte ställt sig bakom detta betänkande eftersom det på ett tydligt sätt gör avsteg ifrån den kompetensuppdelning som finns mellan EU och medlemsländerna. Betänkandet tar inte heller hänsyn till de skillnader som finns mellan och inom länder vad gäller bostadsregleringar, standarder och regler. Betänkandet anför dessutom en marknadsfientlig inställning som tar sig uttryck genom negativa skrivningar om den privata äganderätten.
2021/01/21
The right to disconnect (A9-0246/2020 - Alex Agius Saliba)

Centerpartiet har inte kunnat ställa sig bakom betänkandets slutsatser eftersom det på ett tydligt sätt inte respekterar uppgörelsen mellan arbetsmarknadens parter på området från 2020. I betänkandet efterfrågas ett bindande direktiv vad gäller rätten till nedkoppling. Centerpartiet är av uppfattningen att dessa frågor bäst hanteras inom ramen för den sociala dialogen och ej genom tvingande lagstiftning.
2021/01/21
The gender perspective in the COVID-19 crisis and post-crisis period (A9-0229/2020 - Frances Fitzgerald)

För Centerpartiet är det viktigt att beakta covidkrisens påverkan på jämställdheten, som visat sig påtaglig, varför vi stödjer andemeningen bakom betänkandet. Men flera problematiska delar i rapporten gör att vi avstod i slutomröstningen. Det föreslås att kommissionen ska ta fram bindande åtgärder kring lönetransparens och uppmaningar till könskvotering. Vi skulle också velat se starkare skrivningar om rättsstatsprincipen
2021/01/21
The EU Strategy for Gender Equality (A9-0234/2020 - Maria Noichl)

Centerpartiet ställer sig generellt sett bakom betänkandets andemening och har stöttat ett flertal skrivningar och slutsatser som betänkandet anför. Men den innehåller tydliga övertramp vad gäller EU:s befogenheter på det sociala området som gör att Centerpartiet tvingats avstå i den slutgiltiga omröstningen. Det gäller t.ex. krav på att medlemsstater ska implementera Work-Life Balance-direktivet, uppmaningen till länderna att införa fullt betald föräldraledighet, fri barnomsorg, sjukvård och öka pensioner och de sociala förmånerna, liksom löner.
2021/01/21
Establishing the Recovery and Resilience Facility (A9-0214/2020 - Eider Gardiazabal Rubial, Siegfried Mureşan, Dragoș Pîslaru)

Centerpartiet har stöttat inrättandet av en facilitet för återhämtning och resiliens. För Centerpartiet är det särskilt viktigt att medlemsstaterna använder de tillgängliga resurserna på ett effektivt och framtidsinriktat sätt. Medel bör särskilt gå till insatser som främjar en grön omställning, fördjupar den inre marknaden och stimulerar den digitala utvecklingen.
2021/02/09
Implementation of the Anti-Trafficking Directive (A9-0011/2021 - Juan Fernando López Aguilar, María Soraya Rodríguez Ramos)

Centerpartiet anser att sexköp i sig själv alltid ska anses vara olagligt, även om man som köpare inte visste om att personen som sålde sex var ett traffickingoffer. Att ha med ordet ”medvetet/medveten” här innebär att man ger människor möjligheten att friskriva sig från det man har gjort eftersom att man menar att man inte var medveten om att det var av ett traffickingoffer. På grund av detta, röstade Centerpartiet för att stryka ordet ”medvetet/medveten” i punkterna 22, 56 och 68.Angående ändringsförslag 6:Centerpartiet avstod från att rösta i denna fråga då vi ansåg det vara en svår avvägning. Vi anser att det finns flera dimensioner av att även de misstänktas advokater får tillgång till offrens namn. Att så få som möjligt ska ha kännedom om traffickingoffers namn, och att dessa inte ska förekomma i polisrapporter och istället hållas i separata filer, ser vi som en önskvärd utveckling, samtidigt som detta ska vägas mot aspekten av att det ska vara en rättssäker process för alla inblandade.Centerpartiet tycker inte att EU ska lagstifta om sociala frågor. Vi röstade för en uppmaning till medlemsstaterna att ta inspiration från den svenska sexköpslagen, och att se över att implementera en nationell lagstiftning som utgår ifrån den.
2021/02/09
Reducing inequalities with a special focus on in-work poverty (A9-0006/2021 - Özlem Demirel)

Centerpartiet har röstat emot betänkandet och dess föreslagna åtgärder eftersom de på ett tydligt sätt överskrider EU:s befogenheter vad gäller arbetsmarknad och socialpolitik. Betänkandet innehåller direkt skadliga element för den svenska modellen, som införandet av minimiinkomster och minimilöner på EU-nivå och en europeisk arbetslöshetsförsäkring, och föreslår att ett socialt protokoll ska införas i EU-fördraget.
2021/02/09
Challenges ahead for women’s rights: more than 25 years after the Beijing Declaration and Platform for Action (B9-0114/2021)

Vi röstade för resolutionen som i stort är bra, men röstade emot skrivningar om direktivet om att kvotera in kvinnor i bolagsstyrelser, att EU-kommissionen ska blanda sig i arbetsmarknadsåtgärder som lönesättning eller lönetransparens med bindande åtgärder för samtliga företag, eller lagstadga om balans i arbetslivet. Vi tycker att arbetsmarknadspolitiska frågor, liksom sjukvårdsfrågor, ska beslutas om nationellt.
2021/02/11
A WTO-compatible EU carbon border adjustment mechanism (A9-0019/2021 - Yannick Jadot)

Centerpartiet röstade för betänkandet om en koldioxidjusteringsmekanism då vi välkomnar en prissättning av våra utsläpp utanför EU för att förhindra koldioxidläckage från EU samt för att skapa mer konkurrenskraftiga villkor för vårt näringsliv. Vi ser dock att det finns två större punkter i betänkandet där vi är av avvikande åsikt. Vi anser att den fria tilldelningen av utsläppsrätter bör fasas ut samtidigt som en koldioxidjusteringsmekanism fasas in, för att inte subventionera europeisk industri. Vi delar inte heller betänkandets negativa syn på bioenergi.
2021/03/10
Corporate due diligence and corporate accountability (A9-0018/2021 - Lara Wolters)

Vi är positiva till due diligence i sin helhet och vi stödjer idén om att företag ska ta ett större ansvar för att motverka brott mot mänskliga rättigheter och miljöförstöring i sin verksamhet. Vi ser dock två huvudsakliga problem med initiativbetänkandet. För det första tycker vi att det är bekymmersamt, och alltför ambitiöst, att man vill tvinga företag att ta ansvar för due diligence i hela värdekedjan. Ansvaret bör läggas där det kan påverkas, och då är det framförallt hos sina underleverantörer som företagen kan göra kontroller, men inte hos de led som kommer efter dem i värdekedjan.Vi röstade konsekvent för att få betänkandet mer fokuserat på stora bolag, då det är orimligt att små och medelstora företag ska ta ett lika stort ansvar för att kontrollera sina leverantörskedjor som stora företag. Dessvärre fick förslagen som rörde undantagen för små och medelstora företag inte tillräckligt stöd. Vi ser med oro på detta, då det kommande lagförslaget kan bli ett försök till ”one size fits all”-lösning som riskerar att kväva företagarnas befintliga arbete för due diligence.
2021/03/10
Equal treatment in employment and occupation in light of the UNCRPD (A9-0014/2021 - Katrin Langensiepen)

Centerpartiet har varit drivande i betänkandet om likabehandling och stöttar slutsatserna i betänkandet. Centerpartiet har fått igenom skrivningar om vikten av att garantera fri rörlighet och säkerställa ekonomisk frihet och aktivitet för personer som har funktionsvariation. Centerpartiet har även fått igenom skrivningar vad gäller möjligheten för personer som har funktionsvariationer att delta i demokratiska val och rätten att uttrycka sin åsikt.
2021/03/10
European Semester: Annual Sustainable Growth Strategy 2021 (A9-0036/2021 - Markus Ferber)

Centerpartiet har stöttat betänkandets generella inriktning men röstat emot ett flertal formuleringar som tydligt flyttar beslutanderätten från medlemsstaterna till EU-nivån. För Centerpartiet är det viktigt att gränsdragningen mellan finans- och penningpolitiken förblir tydlig.
2021/03/11
European Semester: employment and social aspects in the Annual Sustainable Growth Strategy 2021 (A9-0026/2021 - Lina Gálvez Muñoz)

Centerpartiet har röstat emot ett flertal formuleringar som tydligt undergräver den svenska modellen, rättstraditionen och partsmodellen. För Centerpartiet är det särskilt viktigt att EU-program och EU-fonder används på ett effektivt sätt samt följs upp av en aktiv och skarp övervakning. Den europeiska planeringsterminen är ett viktigt verktyg för vissa medlemsländer för att identifiera nya reformer som ska bidra till tillväxt och stabilitet.
2021/03/11
Soil protection (B9-0221/2021)

Centerpartiet avstod i slutomröstningen om skydd av mark då vi ansåg att vissa av skrivningarna var för negativt inställda mot skogen och skogsbruket. Skogsbruk är nationell kompetens och något som varje enskild skogsägare ska besluta om, och därför inte något som ska beslutas om på EU-nivå. Dessutom är vissa av påståendena i resolutionen tvärsäkra, även om forskningen pekar åt olika håll.
2021/04/28
Digital taxation: OECD negotiations, tax residency of digital companies and a possible European Digital Tax (A9-0103/2021 - Andreas Schwab, Martin Hlaváček)

Skattepolitiken ska även fortsättningsvis beslutas på nationell nivå, varför Centerpartiet motsätter sig uppmaningarna i resolutionen om att gå fram på EU-nivå och föreslå nya skatteregler om OECD-förhandlingarna om nya internationella ansatser för skattepolitiken inte leder till resultat m.m.
2021/04/28
Rail passengers' rights and obligations (A9-0045/2021 - Bogusław Liberadzki)

Centerpartiet har stöttat förslaget som helhet men vill se en än mer ambitiös inriktning, där tågpassagerare ska ha samma rättigheter som till exempel flygpassagerare. Därför röstade Centerpartiet för de lagda förslag som stärker tågpassagerares rättigheter för bland annat möjlighet till kompensation vid förseningar eller inställda avgångar samt en ökad tillgänglighetsanpassning. Det är särskilt viktigt för Centerpartiet att det ska vara enkelt att välja klimatsmarta resealternativ.
2021/04/29
European Child Guarantee (B9-0220/2021)

Centerpartiet stödjer resolutionens andemening om barn och ungas fri- och rättigheter. Centerpartiet har däremot tagit ställning mot delar av betänkandet, däribland skrivelser som tydligt förespråkar utökade befogenheter och kompetens för EU vad gäller sociala förmåner och barnomsorg. Mot bakgrund av detta har Centerpartiet avstått i den slutgiltiga omröstningen.
2021/04/29
The accessibility and affordability of Covid-testing (B9-0233/2021, B9-0234/2021)

För Centerpartiet är det viktigt att medlemsstaternas sjukvård erbjuder gratis covid-test till medborgare som misstänker att de har symptom, för att på så sätt effektivt kunna smittspåra och minska smittspridningen av viruset. Vidare anser vi det vara viktigt att testningen har en hög grad av tillgänglighet och att man inte ska behöva vänta för länge på att få ett covid-test. Men vi röstade inte för den text som uppmanade till att testning även ska vara gratis inom ramen för EU:s covid-19-certifikat. Vi ser att ett pristak på testerna inom ramen för certifikatet är en god idé för att kunna återinrätta den fria rörligheten. Vanligtvis anser vi som liberaler att pristak inte är något önskvärt, men i vissa undantagsfall ser vi det som ett nödvändigt ont, och det används exempelvis för roamingavgifter och bankavgifter. Vi anser dock att det är att gå för långt att kräva att samtliga tester inom ramen för certifikatet ska vara gratis.
2021/04/29
Mobilisation of the European Globalisation Adjustment Fund: application EGF/2020/002 EE/Tourism - Estonia (A9-0158/2021 - José Manuel Fernandes)

Centerpartiet är i grunden kritiskt till denna fonds existens, primärt av två skäl. För det första bör den typ av arbetsmarknadspolitiska åtgärder som fonden finansierar både beslutas och finansieras av medlemsstaterna själva. Det finns helt enkelt inget mervärde i att politik på detta område tar omvägen via Bryssel. För det andra bygger fonden på tanken att globalisering är något ensidigt negativt som behöver ”justeras”. Vi delar inte den uppfattningen. Just denna ansökan till EGF kommer dessutom från en del i den estniska ekonomin som redan fått del av stort nationellt stöd i återhämtningsåtgärderna. Därför röstade vi nej till förslaget.
2021/05/18
Challenges of sports events organisers in the digital environment (A9-0139/2021 - Angel Dzhambazki)

Centerpartiet valde att inte ta ställning för att illegala livesändningar av sport, däribland fotboll, ska tas bort av hosting service providers (HSP) inom 30 min från att de har upptäckts. Vi delar problemformuleringen i att de illegala livesändningarna medför ett stort intäktsbortfall och anser att detta förslag har vissa goda ansatser. Däremot anser vi att lösningen, dvs. att alla HSP:s ska åläggas att ta bort dessa inom 30 minuter, inte är bra. Dels riskerar detta att slå fel eftersom HSP:s kan råka ta ned en hel hemsida när man bara siktar in sig på en länk, dels innebär detta en potentiell risk att nätneutraliteten urgröps. Vidare ser vi att en stor byråkrati och administration skulle behöva sättas upp, och att det blir oproportionerligt att HSP:s kan bötfällas om de exempelvis tar bort innehållet minut 31 och inte minut 30.Vi anser dock att betänkandet hade en god ansats och ser problematiken, men vi instämmer inte i den föreslagna lösningen. Vi valde därför att avstå i slutomröstningen.
2021/05/18
The impacts of climate change on vulnerable populations in developing countries (A9-0115/2021 - Mónica Silvana González)

Centerpartiet anser att det måste till en ordentlig diskussion på global nivå vad som ska ingå i definitionen av vad en klimatflykting är. Att nu ta ställning för det genom att rösta för delar av detta betänkande, utan att fylla det med innehåll, anser vi vara fel. På samma sätt som klimatfrågan behöver lösas på global nivå, behöver vi samarbeta inom internationella organ för att utmejsla en gemensam definition av vad en klimatflykting är.Klimat som orsak till migration kan vara av olika magnituder, och vissa grupper kommer att vara mer utsatta än andra. Många människor kommer att behöva migrera permanent från sina hem på grund av utbredd torka. Då har man ingen möjlighet alls att stanna kvar i sina hemländer, eftersom det inte går att odla någon mat. Andra kanske kan bo kvar i sina hemländer som påverkats lindrigare av klimatförändringar, genom att EU och andra aktörer hjälper till med att bygga upp resiliens och klimatanpassning i länderna.Klimatförändringarna kommer att slå globalt och påverka befolkningar runtom hela vår planet. Då måste vi ha byggt upp en beredskap – både rent praktiskt i att ta hand om dessa, men framförallt rättsligt, genom en gemensam definition. I dag har vi ingen gemensam definition av detta, och där måste fokus ligga.
2021/05/18
Human rights protection and the EU external migration policy (A9-0060/2021 - Tineke Strik)

Centerpartiet valde att rösta nej till två ändringsförslag i detta betänkande, eftersom de ville villkora bistånd till tredjeland mot att länderna vidtar åtgärder som minskar migrationen från dessa länder. Principiellt anser vi att man inte bör villkora bistånd på detta sätt, dels då flera rapporter från välkända människorättsorganisationer har visat på att detta lett till att man finansierat statliga institutioner som dokumenterats vara ansvariga för grova övergrepp, dels då det politiskt sett är kontraproduktivt. Om vi vill framstå som en förkämpe för mänskliga rättigheter på global nivå, men samtidigt ingår avtal med tredje länder där vi betalar dem för att finansiera potentiella kränkningar av just mänskliga rättigheter, tappar vi mycket förtroende på den internationella arenan.Vi röstade även nej till det ändringsförslag som hänvisade till resolutionen från den 25 november 2020 om att villkora bistånd mot minskad migration, av samma anledningar som ovan.Emellertid anser vi att betänkandet i sin helhet hade många goda ansatser, poänger och idéer i övrigt. Därför röstade vi för betänkandet i slutomröstningen.
2021/05/19
2019-2020 Reports on Turkey (A9-0153/2021 - Nacho Sánchez Amor)

Centerpartiet är kritiskt till de alltför hårda skrivningarna som manar till att stoppa förhandlingarna mellan EU och Turkiet för ett eventuellt framtida EU-medlemskap för Turkiet. I realiteten har det sedan flera år inte pågått några förhandlingar pga. de försämrade relationerna, men vi ser en stor risk med att stänga den dörren alltför definitivt. Dock är andra delar av betänkandet bra, varför vi valde att rösta för det.
2021/05/19
Impacts of EU rules on the free movements of workers and services: intra-EU labour mobility as a tool to match labour market needs and skills (A9-0066/2021 - Radan Kanev)

Centerpartiet har valt att rösta emot betänkandet eftersom att det tydligt uttrycker en fientlighet vad gäller den fria rörligheten och EU:s inre marknad. Betänkandet välkomnar ett flertal bindande direktiv på EU-nivå vad gäller arbetsmarknadsområdet och det sociala området som Centerpartiet inte kan ställa sig bakom. För Centerpartiet är det självklart att en europeisk arbetsmarknad bör säkerställa trygga och säkra arbetsvillkor för alla. Vi anser att ansvaret till stor del fortfarande ligger på medlemsstaterna att införliva detta. I det sammanhanget misslyckas betänkandet med att befästa balansen mellan samordning på EU-nivå och insatser på medlemsstatsnivå.
2021/05/19
Accelerating progress and tackling inequalities towards ending AIDS as a public health threat by 2030 (B9-0263/2021)

Centerpartiet avstod i slutomröstningen på grund av att ett kontroversiellt tillägg röstades igenom i första omröstningen. Tillägget uppmanar EU att stödja Sydafrikas och Indiens initiativ inom WTO att tillfälligt upphäva patentreglerna för vaccinen mot covid-19. Vi anser att slopade patentregler inte är lösningen. Den tröga vaccinationskampanjen handlar inte om patentskyddet, utan om produktionskapaciteten. Pfizer/BioNTech behöver exempelvis 280 ingredienser och råmaterial från 86 tillverkare i 19 länder för att tillverka sitt vaccin. Därför är det viktigare att säkra värdekedjorna i produktionen än att bygga fler laboratorier. Dessutom skulle åtgärden frånta läkemedelsindustrin viktiga incitament för framtida investeringar i forskning och utveckling av samhällskritiska mediciner.Vidare anser Centerpartiet att fokus framgent bör vara att häva exportrestriktionerna för vaccin och dess råmaterial, att läkemedelsföretagen hjälper varandra ännu mer med rättigheter och produktion samt att vaccindoser fortsätter att doneras och exporteras globalt. Det var beklagligt att detta tillägg gjordes i en resolution som enbart skulle handla om den globala kampen mot hiv/aids.
2021/05/19
Data Protection Commissioner v Facebook Ireland Limited, Maximillian Schrems (“Schrems II”) - Case C-311/18 (B9-0267/2021)

Centerpartiet valde att rösta för denna resolution, eftersom vi anser att det är av största prioritet att vi skyddar svenskars och EU-medborgares data och hur denna hanteras. Det är av stor vikt att Irlands dataskyddsmyndighet sätter in fler resurser för att förbättra implementeringen av GDPR, mot bakgrund av att flera ”tech-jättar” har sitt säte i medlemsstaten samt att dessa bolag processar stora mängder data från EU-medborgare.Vidare anser vi det önskvärt att kommissionen höjer sina ambitioner i arbetet att kräva att USA:s dataskyddslagstiftning tangerar EU:s, för att säkra att data används på rätt sätt och att varje EU-medborgares integritet värnas till fullo. Vi anser även att om EU ställer krav på andra tredjeländer att matcha EU:s nivå av dataskyddslagstiftning, är det inte mer än rimligt att man gör så även gentemot USA.
2021/05/20
EU Biodiversity Strategy for 2030: Bringing nature back into our lives (A9-0179/2021 - César Luena)

För Centerpartiet är biologisk mångfald oerhört viktigt, vilket gör att politiken som föreslås måste vara bra. Tyvärr var en stor del av de politiska förslagen i förslaget till biologisk mångfaldsstrategi inte tillräckligt bra för att vi skulle kunna stötta dem. Strategin har en syn på att all natur i EU har samma behov av natur, även fast naturen ser väldigt olika ut, och mår väldigt olika i hela EU. Dessutom har strategin en väldigt problematisk ansats till det hållbara nordiska skogsbruket samt vill skydda enormt stora ytor utan att i någon större omfattning tala om kompensation till markägare.
2021/06/08
Meeting the Global Covid-19 challenge: effects of waiver of the WTO TRIPS agreement on Covid-19 vaccines, treatment, equipment and increasing production and manufacturing capacity in developing countries (RC-B9-0306/2021, B9-0306/2021, B9-0307/2021, B9-0308/2021, B9-0309/2021, B9-0310/2021, B9-0311/2021)

Den tröga utrullningen av vaccin handlar inte om patentskyddet, utan om produktionskapaciteten. Pfizer/BioNTech behöver exempelvis 280 ingredienser och råmaterial från 86 tillverkare i 19 länder för att tillverka sitt vaccin. Därför är det viktigare att säkra värdekedjorna i produktionen än att bygga fler laboratorier. Dessutom skulle åtgärden frånta läkemedelsindustrin viktiga incitament för framtida investeringar i forskning och utveckling av samhällskritiska mediciner. Vidare anser Centerpartiet att fokus framgent bör vara att häva exportrestriktionerna för vaccin och dess råmaterial, att läkemedelsföretagen hjälper varandra ännu mer med rättigheter och produktion samt att vaccindoser fortsätter att doneras och exporteras globalt. Att värna patent även på vaccin är också en garanti för fortsatta investeringar i forskning och utveckling för att klara framtida pandemier.
2021/06/09
Rule of Law situation in the European Union and the application of the conditionality regulation 2020/2092 (B9-0317/2021, B9-0319/2021, B9-0320/2021)

Centerpartiet har i flera år drivit frågan om att sätta ett demokratilås på EU:s budget, för att värna både europeiska skattebetalare och alla EU-medborgares fri- och rättigheter. Sedan i januari 2021 har det varit möjligt att stoppa EU-stöd till de länder som bryter mot rättsstatens principer, men EU-kommissionen har konsekvent vägrat agera enligt gällande lagstiftning. Därför stod Centerpartiet helhjärtat bakom denna resolution, där Europaparlamentet meddelar att man drar EU-kommissionen inför EU-domstolen p.g.a. passivitet i frågan.
2021/06/10
European Citizens' Initiative "End the cage age" (B9-0296/2021, B9-0302/2021)

För Centerpartiet var det självklart att rösta för initiativet. För oss är det självklart att djur ska ha det bra och leva i miljöer som låter dem uttrycka sina naturliga behov i så stor utsträckning som det bara är möjligt.
2021/06/10
Promoting gender equality in science, technology, engineering and mathematics (STEM) education and careers (A9-0163/2021 - Susana Solís Pérez)

Centerpartiet är positivt till betänkandets ansats och syfte, men vi valde att inte ta ställning i slutomröstningen. Anledningen till detta är att två problematiska tillägg röstades igenom. Det ena tillägget uppmanade alla parter att införa obligatorisk lönetransparens och det andra tillägget handlade om att införa könskvotering. Vi ställer oss inte bakom dessa skrivningar då vi anser att EU-kommissionen inte ska blanda sig i arbetsmarknadsåtgärder och framför allt inte införa bindande åtgärder för små och medelstora företag
2021/06/10
Use of technologies for the processing of data for the purpose of combating online child sexual abuse (temporary derogation from Directive 2002/58/EC) (A9-0258/2020 - Birgit Sippel)

Centerpartiet valde att rösta för den här frågan, då det är väldigt viktigt för oss att skydda barn från att bli utsatta för sexuella övergrepp online. Vi anser inte att den här frågan handlar om huruvida man ska ställa frågan om att skydda barn från att utsättas för sexuella övergrepp online mot att värna den enskildas integritet på internet. Det handlar om att värna barns integritet på internet. Vidare kommer vi dessutom att noga bevaka och följa den här frågan så att implementerandet inte inskränker den enskildes integritet online och relevant dataskyddslagstiftning.
2021/07/06
European Maritime, Fisheries and Aquaculture Fund (A9-0222/2021 - Gabriel Mato)

Centerpartiet valde att avstå i omröstningen eftersom vi motsätter oss att stöd ska kunna ges till kapacitetshöjande åtgärder. Att vi valde att inte rösta nej beror på att mängden medel som allokerats för kapacitetshöjande åtgärder har minskat över tid, vilket vi ser som positivt.
2021/07/06
Trade related aspects and implications of COVID-19 (A9-0190/2021 - Kathleen Van Brempt)

EU:s möjlighet att ha beredskap och motståndskraft att bemöta utmaningar såsom pandemier är starkt ihopkopplad med vår öppenhet och handel med omvärlden. Diversifierade värdekedjor gör EU mindre sårbart och bygger välstånd genom specialisering. Detta reflekteras i betänkandet och därför röstade vi för det. Detta trots att det också fanns vissa skrivningar som vi inte ställer oss bakom, såsom att de globala reglerna för patenträtt har orsakat problem för EU:s och världens produktion av vaccin. Centerpartiet stödjer ett starkt regelverk för immaterialrätt och ser dess nytta för fortsatt konkurrenskraft för läkemedelsbolag och deras möjlighet till innovativ forskning som kommer vara avgörande för att ta oss igenom framtida pandemier.
2021/07/06
Old continent growing older - possibilities and challenges related to ageing policy post 2020 (A9-0194/2021 - Beata Szydło)

Centerpartiet har ställt sig bakom betänkandets andemening då det bidrar med viktiga ställningstaganden rörande demografiska utmaningar inom EU. Centerpartiet har inte ställt sig bakom ställningstagande som rör bildandet av nya hälso- och sjukvårdsinitiativ på unionsnivå, inte heller bildandet av en ny vårdgaranti på EU-nivå.
2021/07/07
Review of the macroeconomic legislative framework (A9-0212/2021 - Margarida Marques)

Centerpartiet har ställt sig bakom betänkandets andemening då det på ett välavvägt sätt adresserar viktiga makroekonomiska initiativ i ljuset av covid-19-pandemin. Centerpartiet har inte stöttat bildande av nya gemensamma skuldmekanismer eller permanentande av generösare statsstödsregler samt skuldregimer.
2021/07/08
Objection pursuant to Rule 111(3): Criteria for the designation of antimicrobials to be reserved for the treatment of certain infections in humans (B9-0424/2021)

. – Centerpartiet röstade emot invändningen, och därmed för kommissionens delegerade akt. Detta eftersom vi anser att kommissionen i sitt förslag följer One Health -principen, och därmed på ett bra sätt har sett till människor, djur och miljö. En ansvarsfull antibiotikaanvändning är av största vikt, men att i princip helt förbjuda att ge antibiotika till djur riskerar deras välmående och liv.
2021/09/15
Guidelines for the employment policies of the Member States (A9-0262/2021 - Lucia Ďuriš Nicholsonová)

. – Centerpartiet har valt att avstå i slutomröstningen om detta betänkande. Betänkandet tenderar att lägga fram förslag som överskrider EU:s befogenheter, särskilt vad gäller arbetsrättsliga och skattepolitiska avseenden. Centerpartiet delar inte heller betänkandets slutsats att EPSR ska genomsyra den europeiska planeringsterminen samt vara vägledande vad gäller finanspolitiska beslut och riktlinjer.
2021/09/15
Fair working conditions, rights and social protection for platform workers - New forms of employment linked to digital development (A9-0257/2021 - Sylvie Brunet)

. – Centerpartiet har valt att avstå i slutomröstning om detta betänkande. Betänkandet lyfter i flera avseenden fram positiva aspekter av plattformsekonomin. Centerpartiet ställer sig däremot inte bakom förslag om att harmonisera arbetsrättsliga definitioner såsom arbetstagarbegreppet. Det är viktigt att medlemsstaterna ges möjlighet att själva identifiera en väg för att säkra rättvisa arbetsvillkor utifrån respektive lands rättstraditioner.
2021/09/15
Plans and actions to accelerate a transition to innovation without the use of animals in research, regulatory testing and education (RC-B9-0425/2021, B9-0425/2021, B9-0426/2021, B9-0427/2021, B9-0428/2021, B9-0429/2021, B9-0432/2021)

. – Centerpartiet vill, där det är möjligt, se en så snabb utfasning som möjligt av djurförsök. Att testa produkter på djur, även när det finns fullgoda alternativ, är inget EU ska göra.
2021/09/15
Situation in Afghanistan (RC-B9-0455/2021, B9-0433/2021, B9-0453/2021, B9-0455/2021, B9-0458/2021, B9-0459/2021, B9-0460/2021, B9-0462/2021)

. – Centerpartiet valde att rösta emot delar av punkt 51. Detta eftersom delar av denna punkt berörde frågan om en gemensam försvarsunion. Centerpartiet står inte bakom förslaget att införa en gemensam försvarsunion. I stället anser vi att Sverige bör gå med i Nato, och att ett europeiskt försvarssamarbete främst ska ske inom ramen för Nato-samarbetet.
2021/09/16
Farm to Fork Strategy (A9-0271/2021 - Anja Hazekamp, Herbert Dorfmann)

Jord till bord-strategin lägger vägen för en mer hållbar livsmedelssektor. Det är en viktigt strategi som bland annat innehåller skarpa skrivningar om minskat antibiotikaanvändande, en försiktigt positivitet gentemot nya växtförädlingsmetoder samt krav på höjd djurvälfärd över hela unionen. Centerpartiet anser inte att vi ska ha krav på bindande reduktion av gödningsmedel och växtskyddsmedel, vilket föreslås i strategin. Vi har markerat mot detta i alla omröstningar samt fått igenom att de föreslagna reduktionerna ska utgå från medlemsstaterna tidigare gjorda reduktioner. Detta är väldigt viktigt för Sverige, då vi redan gjort stora reduktioner.
2021/10/19
Protecting workers from asbestos (A9-0275/2021 - Nikolaj Villumsen)

Centerpartiet har tagit ställning för betänkandets slutsatser, att arbetet på europeisk nivå med att minska asbesthalterna måste intensifieras. Centerpartiet välkomnar betänkandets fokus på en förbättrad arbetsmiljö för europeiska arbetstagare, att arbetet måste följa beprövad vetenskap och inte leda till kostnadsdrivande åtgärder utan positiva resultat.
2021/10/19
General budget of the European Union for the financial year 2022 - all sections (A9-0281/2021 - Karlo Ressler, Damian Boeselager)

Europaparlamentets förslag till EU:s budget för 2020 innehåller viktiga ökningar av insatser för att nå klimatmålen och förbereda för ökade målsättningar vad gäller satsningar på klimatinvesteringar. Jag beklagar att budgeten inte är mer restriktiv på andra utgiftsområden, och Centerpartiet står inte bakom skrivningar som hänvisar till införandet av flera nya egna resurser för att finansiera EU:s budget framöver. Därför valde Centerpartiet att avstå i slutomröstningen.
2021/10/20
Pandora Papers: implications on the efforts to combat money laundering, tax evasion and avoidance (B9-0527/2021, RC B9-0530/2021, B9-0530/2021, B9-0531/202)

Centerpartiet har tagit ställning för betänkandet och dess politiska inriktning, att genom ökat samarbete mellan medlemsstater förhindra illegala skatteupplägg och skattesmitning. Centerpartiet anser fortsatt att frågor som rör skatter ska beslutas på medlemsstatsnivå.
2021/10/21
2019 Discharge: European Border and Coast Guard Agency (A9-0270/2021 - Ryszard Czarnecki)

Centerpartiet röstade nej till att ge Frontex ansvarsfrihet för verksamhetsåret 2019. Detta då vi anser att myndigheten inte har gjort nog för att försäkra sig om att så kallade pushbacks av asylsökande inte kommer att ske igen samt att man inte arbetat snabbt nog för att anställa de tjänstemän som har i uppgift att bevaka att de fundamentala rättigheterna inom unionen skyddas och genomsyrar hela myndighetsutövandet. Sammanfattningsvis så har vi väldigt svårt att se att Frontex har gjort nog hittills för att förbättra sitt interna arbete och för att det ska ske i samklang med EU:s värderingar. Därför kunde vi inte, med respekt mot våra medborgare, rösta för detta denna gång.
2021/10/21
EU action plan for the social economy (A9-0192/2022 - Jordi Cañas)

Centerpartiet har valt att rösta för Europaparlamentets förslag till handlingsplan för den sociala ekonomin. Betänkandet, som inte avser lagstiftning, behandlar olika idéer för hur förutsättningarna för den sociala ekonomin i EU kan främjas, särskilt i länder där denna sektor är underutvecklad. Betänkandet betonar samtidigt att den sociala ekonomin tar sig olika uttryck i EU:s medlemsländer. Centerpartiet anser att lagstiftning på det sociala området är och ska förbli nationell kompetens, men vi stöder gärna icke-bindande betänkanden av detta slag som värnar om lokalt, hållbart företagande och goda förutsättningar för entreprenörskap.
2022/07/06
National vetoes to undermine the global tax deal (RC-B9-0339/2022, B9-0339/2022, B9-0340/2022, B9-0341/2022, B9-0342/2022, B9-0343/2022, B9-0344/2022)

Centerpartiet har tagit ställning för resolutionen som beklagar att Ungern och Polen, genom att lägga in sina veton, politiserat processen att implementera en global miniminivå för beskattning av multinationella företag. Länderna blockerar därmed, med ohållbara argument, den överenskommelse som slutits på bred front inom ett globalt nätverk av G20- och OECD-länder. Centerpartiet anser fortsatt att frågor som rör skatter ska beslutas på medlemsstatsnivå.
2022/07/06
Deforestation Regulation (A9-0219/2022 - Christophe Hansen)

Avskogningslagstiftningen är en väldigt viktig och nödvändig lagstiftning för att hindra och förhoppningsvis stoppa den globala avskogningen. Centerpartiet stöttar därför lagstiftningen. Däremot är vi oroade över definitionen av skoglig förstörelse, eftersom vi dels anser att det går ifrån lagens syfte om att hindra avskogning, dels att definitionen så som den är skriven nu, där ingen hänsyn tas till tidsaspekten, så kan det nordiska skogsbruket tolkas in. Det gör att skogsprodukter från Norden riskerar att definieras som att de bidrar till avskogning, även om så inte är fallet. Därför avstod Centerpartiet i slutomröstningen om parlamentets förhandlingsståndpunkt.
2022/09/13
Renewable Energy Directive (A9-0208/2022 - Markus Pieper)

Europa behöver ha mer förnybar energi om vi ska klara våra klimatmål och bli kvitt den ryska gasen. Centerpartiet hade därför velat se ett mål om 50 procent förnybart till 2030, i stället för 45 procent. Det stora problemet med parlamentets ståndpunkt är dock att definitionen av primär skoglig biomassa innebär att en stor del av all den bioenergi som vi har i dag inte längre kommer få användas eller definieras som förnybar. Det är helt oförståeligt, då biomassa är bland det mest förnybara som finns. Därför röstade Centerpartiet nej till parlamentets förhandlingsståndpunkt.
2022/09/14
EU border regions: living labs of European integration (A9-0222/2022 - Younous Omarjee)

Centerpartiet har röstat för betänkandet som föreslår olika åtgärder för ökat samarbete mellan gränsregioner, då vi anser att människors fria rörlighet är en viktig del av den inre marknaden och därför bör främjas. Centerpartiet anser fortsatt att frågor som rör socialförsäkringssystem ska beslutas på medlemsstatsnivå. Centerpartiet anser också att en eventuell revidering av European Cross Border Mechanism bör ske genom ett nytt lagförslag snarare än att uppta förhandlingar i det redan existerande ärendet, eftersom det senare har flera juridiska brister som bland annat Sverige har pekat på i ministerrådet.
2022/09/15
Guidelines for the employment policies of the Member States (A9-0243/2022 - Alicia Homs Ginel)

Parlamentets betänkande innehåller likt tidigare år förslag som överskrider EU:s befogenheter på det arbetsrättsliga området. Centerpartiet är kritiskt till uppmaningen att förlänga SURE-instrumentet och tillsätta en ny social räddningsfacilitet, då dess potentiella finansiering är högst oklar. Centerpartiet står också fast vid sin åsikt att EPSR inte bör genomsyra den europeiska planeringsterminen eller vara vägledande vad gäller finanspolitiska beslut och riktlinjer. Centerpartiet anser dock att delar av betänkandet är positiva, bland annat det ökade fokuset på minoritetsgrupper, personer med funktionshinder och romer. Centerpartiet har därför valt att avstå i slutomröstningen om detta betänkande.
2022/10/18
Fostering and adapting vocational training as a tool for employees' success and a building block for the EU economy in the new industry 4.0 (A9-0232/2023 - Anna Zalewska)

Centerpartiet är övertygat om att moderniserade yrkesutbildningar är en nyckelfaktor för att lösa kompetensbristen i medlemsländerna. För att det ska lyckas måste arbetsmarknadens parter involveras och utbildningssystemet ta större hänsyn till de faktiska behoven på arbetsmarknaden. Dessutom bör utbildningsutbudet bli mer anpassat efter olika människors behov, till exempel personer med funktionsvariationer. Då parlamentets betänkande belyser allt detta valde Centerpartiet att rösta för betänkandet i sin helhet. Vi är dock fortsatt emot att lagstifta om lönevillkor för praktikanter på EU-nivå samt att förbjuda obetalda praktikplatser, då detta faller utanför EU:s befogenheter och snarare riskerar att minska ungas tillgång till praktikplatser. Vi röstade därför emot dessa punkter i texten.
2023/07/11

Written questions (43)

Illegal use of Schengen information system database by UK authorities
2019/09/03
Documents: PDF(49 KB) DOC(19 KB)
Rule of law infringement in the UK
2019/09/04
Documents: PDF(49 KB) DOC(18 KB)
UK authorities’ concealed failure to alert the EU to 75 000 criminal convictions
2020/01/21
Documents: PDF(48 KB) DOC(10 KB)
Alleged 'LGBTI-free zones' in Poland
2020/03/04
Documents: PDF(48 KB) DOC(10 KB)
Abuse of power by Slovak data protection authority and threat to investigative journalism
2020/03/11
Documents: PDF(48 KB) DOC(10 KB)
Tracking apps during the coronavirus crisis
2020/04/28
Documents: PDF(38 KB) DOC(9 KB)
The situation of LGBTQI people in Uganda during the coronavirus crisis
2020/05/13
Documents: PDF(44 KB) DOC(9 KB)
Human rights risks in the mineral supply chains of ICT and electronic products
2020/06/16
Documents: PDF(41 KB) DOC(10 KB)
Violence against migrants by police and border forces in Croatia and inconsistent spending of EU funds
2020/06/22
Documents: PDF(42 KB) DOC(9 KB)
Killings of LGBTI people in Iraq
2020/07/03
Documents: PDF(49 KB) DOC(10 KB)
The need for a gender impact assessment on the impact of the COVID-19 crisis on gender equality
2020/07/10
Documents: PDF(44 KB) DOC(9 KB)
Iron ore pellets in the EU Emissions Trading System
2020/07/13
Documents: PDF(41 KB) DOC(9 KB)
Mass arrest of LGBTI activists in Poland
2020/09/01
Documents: PDF(58 KB) DOC(11 KB)
Bahraini death row inmates
2020/09/02
Documents: PDF(43 KB) DOC(9 KB)
Call for the release of Iranian human rights lawyer Nasrin Sotoudeh
2020/09/08
Documents: PDF(50 KB) DOC(10 KB)
The Commission must act to combat racism in the EU
2020/09/14
Documents: PDF(39 KB) DOC(9 KB)
Use of qualified-majority voting on migration policy
2020/09/14
Documents: PDF(38 KB) DOC(9 KB)
Pakistan motorway case
2020/09/28
Documents: PDF(45 KB) DOC(10 KB)
Prosecution of NGOs in Greece
2020/10/07
Documents: PDF(49 KB) DOC(10 KB)
Task Force on Equality
2020/10/12
Documents: PDF(50 KB) DOC(11 KB)
Hate speech against LGBTI persons by Polish governmental officials
2020/10/13
Documents: PDF(55 KB) DOC(11 KB)
Killings of LGBTI people in Iraq – follow-up
2020/10/13
Documents: PDF(45 KB) DOC(10 KB)
Inappropriate terms used by Eurostat
2020/10/13
Documents: PDF(51 KB) DOC(11 KB)
Vans inciting hate speech against LGBTI persons in Poland
2020/10/14
Documents: PDF(52 KB) DOC(10 KB)
Entrenched discrimination against Afghan girls with disabilities
2020/10/30
Documents: PDF(46 KB) DOC(10 KB)
The situation of abortion rights in Poland
2020/10/30
Documents: PDF(44 KB) DOC(9 KB)
Frontex’s alleged involvement in illegal asylum pushbacks
2020/11/03
Documents: PDF(54 KB) DOC(10 KB)
Will the Commission take action to stop the spread of LGBTQ-free zones?
2020/11/19
Documents: PDF(41 KB) DOC(9 KB)
Recently proposed bills in Hungary infringing on the rights of LGBTI persons
2020/11/26
Documents: PDF(53 KB) DOC(11 KB)
State aid Temporary Framework and support for small and medium-sized enterprises
2020/11/26
Documents: PDF(51 KB) DOC(10 KB)
How will the Commission ensure that corruption does not increase during the coronavirus crisis?
2021/01/28
Documents: PDF(40 KB) DOC(9 KB)
Restrictions on the movement of migrants at the Bosnian border with the EU
2021/02/01
Documents: PDF(39 KB) DOC(9 KB)
What is the Commission doing to guarantee press freedom in the EU?
2021/02/17
Documents: PDF(41 KB) DOC(10 KB)
What tools does the VP/HR have to stop sexual violence in Tigray?
2021/02/19
Documents: PDF(44 KB) DOC(10 KB)
The concerning state of democracy in Tigray
2021/06/16
Documents: PDF(42 KB) DOC(9 KB)
Use of acoustic cannons against migrants and asylum seekers in Greece
2021/06/17
Documents: PDF(50 KB) DOC(11 KB)
Designation of the IRGC as a terrorist organisation within the parameters of Common Position 2001/931/CFSP
2023/02/16
Documents: PDF(51 KB) DOC(11 KB)
Syrian regime forces blockade of aid convoys of the Kurdish Red Crescent (KRC) directed to the North-West
2023/02/22
Documents: PDF(48 KB) DOC(10 KB)
Raid of private gynaecologist offices in Poland
2023/03/14
Documents: PDF(43 KB) DOC(10 KB)
Amendments to Lithuania’s border protection law
2023/05/11
Documents: PDF(46 KB) DOC(10 KB)
EU Memorandum of Understanding with Tunisia: lack of call for release of political prisoners, legal basis, and human rights conditionality
2023/08/01
Documents: PDF(49 KB) DOC(11 KB)
Swedish citizen held hostage by Iran for over 500 days
2023/09/06
Documents: PDF(55 KB) DOC(10 KB)
Attack on Stepanakert by Azerbaijan
2023/09/21
Documents: PDF(52 KB) DOC(11 KB)

Amendments (2032)

Amendment 95 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 1
4. Matters shall be considered to be transnational where they can reasonably be expected to concern the Community- scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
2024/02/22
Committee: EMPL
Amendment 101 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2
Those conditions shall be deemed to be met where: the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings affect workers in undertakings or establishments in more than one Member State.
2024/02/22
Committee: EMPL
Amendment 105 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point a
(a) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in undertakings or establishments in more than one Member State;deleted
2024/02/22
Committee: EMPL
Amendment 114 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2009/38/EC
Article 1 – paragraph 4 – subparagraph 2 – point b
(b) the measures considered by management of the Community-scale undertaking or Community-scale group of undertakings can reasonably be expected to affect workers in an undertaking or establishment in one Member State, and workers in an undertaking or establishment in another Member State can reasonably be expected to be affected by the consequences of those measures.”;deleted
2024/02/22
Committee: EMPL
Amendment 163 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 – point b – indent 1
Directive 2009/38/EC
Article 5 – paragraph 6 – subparagraph 1
“These expenses shall include reasonable costs of experts, including for legal assistance, insofar as necessary for that purpose, as well as reasonable costs of legal representation and participation in administrative or judicial proceedings. Expenses shall be notified to central management before they are incurred. Expenses shall be notified to and approved by central management before they are incurred. Member States may in particular limit the funding to cover one expert only.”;
2024/02/22
Committee: EMPL
Amendment 179 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 1
Directive 2009/38/EC
Article 6 – paragraph 2 – point d
(d) the format,offline or online format, in person or digital venue, frequency and duration of meetings of the European Works Council;”;
2024/02/22
Committee: EMPL
Amendment 189 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f – indent 1
– the possible use of experts, including legal experts, to assist the European Works Council in the discharge of its functions;
2024/02/22
Committee: EMPL
Amendment 200 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point a – indent 2
Directive 2009/38/EC
Article 6 – paragraph 2 – point f - indent 3
– the provision of necessary and relevant training to the members of the European Works Council, without prejudice to the minimum requirement in Article 10(4), first subparagraph;”;
2024/02/22
Committee: EMPL
Amendment 214 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4 – point b
Directive 2009/38/EC
Article 6 – paragraph 2 a
“2a. The central management and the special negotiating body, when negotiating or renegotiating a European Works Council agreement, shall agree and lay down the necessary arrangements for attaining, as far as possible, and without prejudice to national laws on electing workers representatives, the objective of gender balance whereby, striving to achieve representation of women and men each comprise at least 40 % of European Works Council members, and where applicable, at least 40 % of select committee members.”;
2024/02/22
Committee: EMPL
Amendment 240 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 1 – subparagraph 2
A Member State may make such dispensation subject to prior administrative or judicial authorisation.deleted
2024/02/22
Committee: EMPL
Amendment 245 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2009/38/EC
Article 8 a – paragraph 2
2. When central management does not transmit information on the grounds referred to in paragraph 1, it shall inform the members of the special negotiating bodies or the European Works Councils, or the employees’ representatives in the framework of an information and consultation procedure of the reasons justifying the non-transmission of information.”;deleted
2024/02/22
Committee: EMPL
Amendment 257 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 9 – paragraph 3
3. Consultation shall take place at such time, in such fashion and with such content as it enables employees’ representatives to express an opinion prior to the adoption of the decision and based on the information provided in accordance with paragraph 2, without prejudice to the responsibilities of the management, and within a reasonable time taking into account the urgency of the matter. The employees’ representatives shall be entitled to a reasoned written response from the central management or any more appropriate level of management prior to the adopimplementation of the decision on the measures in question, provided the employee representatives expressed their opinion within a reasonable time in accordance with the first sentence.
2024/02/22
Committee: EMPL
Amendment 270 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 8
Directive 2009/38/EC
Article 10 – paragraph 4
4. In so far as this is necessary for and directly linked to the exercise of their representative duties in an international environment, the members of the special negotiating body and of the European Works Council shall be provided with training without loss of wages.
2024/02/22
Committee: EMPL
Amendment 279 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 1 – point a
(a) adequate procedures are available to enable the rights and obligations deriving from this Directive to be enforced in a timely and effective manner;, and shall not encompass preliminary injunctions aimed at the temporary suspension of decisions made by the central management.
2024/02/22
Committee: EMPL
Amendment 292 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 2
In the event of failure to comply with the national provisions transposing the obligations under Article 9(2) and (3), Member States shall provide for pecuniary sanctions, to be determined considering the criteria listed in the third subparagraph of this paragraph, without prejudice to the possibility to provide for other types of sanctions in addition.
2024/02/22
Committee: EMPL
Amendment 298 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point a
Directive 2009/38/EC
Article 11 – paragraph 2 – subparagraph 3
For the purposes of point (b), of the first subparagraph, Member States shall take into consideration, when determining penalties, the gravity, duration, consequences, and the intentional or negligent nature of the offence, and in respect of pecuniary sanctions, also the size and financial situation of the sanctioned undertaking or group, and any other relevant criteria.”;
2024/02/22
Committee: EMPL
Amendment 304 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 9 – point c
Directive 2009/38/EC
Article 11 – paragraph 4
(c) the following paragraph 4 is added: “4. Where Member States make access to legal proceedings conditional upon the prior implementation of an alternative dispute resolution, that procedure shall neither result in a decision which is binding on the parties concerned, nor otherwise prejudice their right to bring legal proceedings.”;deleted
2024/02/22
Committee: EMPL
Amendment 317 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1
1. WThere, following the transposition of [OP: insert reference to this amending Directive], obligations arising from this Directive under Article 6 shall not automatically be applicable to a European Works Council agreement or agreement on an information and consultation procedure concluded before [OP: insert date from which the transposing provisions are to apply, set out in the Article 2(1), 2nd subpar. of this amending Directive] in accordance with Articles 5 and 6 of Directive 94/45/EC or Articles 5 and 6 of this Directive is not in conformity with any of the requirements applicable to that agreement as a consequence of the amendments provided for in [OP: insert reference to this amending Directive], central management shall initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative.
2024/02/22
Committee: EMPL
Amendment 320 #

2024/0006(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 12
Directive 2009/38/EC
Article 14 a – paragraph 1 a (new)
1a. If a European Works Council agreement or agreement on an information and consultation agreement referred to in paragraph one is not in conformity with any of the requirements in Article 6 of the amendments provided for in [OP: insert reference to this amending Directive], central management shall however initiate negotiations to adapt that agreement at the written request of at least 100 employees or their representatives in at least two undertakings or establishments in at least two different Member States. Central management may also initiate such negotiations on its own initiative. After such a renegotiation procedure, the obligations arising from this Directive shall apply.
2024/02/22
Committee: EMPL
Amendment 1 #

2023/2536(RSP)


Citation 3
— having regard to Articles 12, 15, 16, 21, 23, 27, 28, 30, 31 and 47 of the Charter of Fundamental Rights of the European Union,
2023/03/08
Committee: EMPL
Amendment 3 #

2023/2536(RSP)


Citation 7
— having regard to International Labour Organization (ILO) Convention No 98 concerning the right to organise and collective bargaining, No 135 concerning protection and facilities to be afforded to workers’ representatives in the undertaking (the Workers’ Representatives Convention) and No 154 concerning the Collective Bargaining Convention,
2023/03/08
Committee: EMPL
Amendment 4 #

2023/2536(RSP)


Citation 8 a (new)
— having regard to the European Social Partners’ framework agreement on digitalisation,
2023/03/08
Committee: EMPL
Amendment 5 #

2023/2536(RSP)


Citation 8 b (new)
— having regard to the European Social Partners’ autonomous framework agreement on active ageing and an inter- generational approach,
2023/03/08
Committee: EMPL
Amendment 6 #

2023/2536(RSP)


Citation 16 a (new)
— having regard to the Commission proposal for a Council Recommendation on strengthening social dialogue in the European Union (COM(2023) 38 final),
2023/03/08
Committee: EMPL
Amendment 19 #

2023/2536(RSP)


Recital A
A. whereas social partnershipdialogue and collective bargaining between trade unions and representatives of employers at national level and social dialogue atcompany, sectoral, national and EU level are key aspects of the European social model, whose shared legacy of social dialogue, workers’ participation, collective bargaining, employee representation on boards, health and safety representation and tripartite system are the building blocks of a diverse and economically, socially and environmentally sustainable future that will contribute to better and more inclusive EU growth;
2023/03/08
Committee: EMPL
Amendment 22 #

2023/2536(RSP)


Recital A a (new)
A a. whereas well-functioning social dialogue between autonomous social partners is crucial to find balanced solutions to the challenges of today and tomorrow, by adjusting to the changes in the world of work in a way that benefits both workers and employers, as demonstrated inter alia by the existing framework agreements between the European social partners on active ageing and on digitalisation, as well as the ongoing negotiations on telework and the right to disconnect; whereas social dialogue have also proven necessary in times of unexpected crises, such as adaptation of working conditions during the pandemic; whereas social dialogue plays an important role in providing active support to workers transitioning to new jobs in anticipating skills needs by addressing structural change as well as strengthening Member States’ resilience;
2023/03/08
Committee: EMPL
Amendment 24 #

2023/2536(RSP)


Recital A b (new)
A b. whereas the success of social dialogue heavily depends on the social partners’ ability to negotiate freely based on a complex set of rules and practices, which are often established in national legal systems and traditions; whereas this requires the national and European legislators to rely on the social partners’ ability to work for good conditions in the labour market, while at the same time requiring the social partners to take this responsibility seriously and find compromises that address their respective interests, also benefitting society as a whole;
2023/03/08
Committee: EMPL
Amendment 30 #

2023/2536(RSP)


Recital B
B. whereas collective bargaining at the sectoral and cross-industry levels came under pressure in some Member States in the aftermath of the 2008 financial crisis; whereas the share of workers covered by collective agreements has declined significantly in some Member States over the past 30 years, with anhereas the estimated drop in EU average coverage has dropped from about 66 % in 2000 to about 56 % in 201811, owing to labour market reforms in many Member States that decentralisedcollective bargaining systems, the rise of precarious forms of employment and bogus self-employmentwith contributing factors including the decline in trade union membership, regulatory changes in a number ofcollective bargaining practices and processes12a, particularly with regard to the extension of collective agreements, shifting functional hierarchies and the growing importance of company-based bargaining processes;whereas it is important to note that the situation varies greatly between Member States; whereas in most Member States, collective bargaining covering rates tend to be higher for employees on permanent contracts and for those working in larger companies; _________________ 11 Visser, Jelle, Amsterdam Institute for Advanced Labour Studies, ‘Database on Institutional Characteristics of Trade Unions, Wage Setting, State Intervention and Social Pacts’, Version 6.1, November 2019. 12a Rodriguez Contreras, Ricardo; Molina, Oscar, 'Moving with the times: Emerging practices and provisions in collective bargaining', Eurofound Publications, August 2022.
2023/03/08
Committee: EMPL
Amendment 38 #

2023/2536(RSP)


Recital B a (new)
B a. whereas there is a need to expand collective bargaining coverage in particular in SMEs and to the solo self- employed, as defined by national law or practice, who often experience a lack of representation; whereas the Commission guidelines on the application of Union competition law to collective agreements regarding the working conditions of solo self-employed persons provide much needed clarity that certain self-employed people can negotiate collectively to improve their working conditions without breaching EU competition rules;
2023/03/08
Committee: EMPL
Amendment 43 #

2023/2536(RSP)


Recital C
C. whereas European workers and employers are currently facing major challenges stemming from the consequences of the pandemic and, since 24 February 2022, the Russian war of aggression against Ukraine; whereas these events have shown a pressing need for broader and stronger participation by social partners, especially if the green and digital transitions to a sustainable, fair and social future for the EU are to be achieved; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundanciesin order to harness the opportunities of a sustainable and fair green and digital transition;
2023/03/08
Committee: EMPL
Amendment 48 #

2023/2536(RSP)


Recital D
D. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, in particularfor example when workers’ representatives, including trade unions, are actively involved in businesses’ due diligence processes; whereas sustainable corporate governance can only be achieved with employee involvement; whereas workemployee involvement at the appropriate level contributes to sustainable corporate governance; whereas social partners’ voices armust be a key component of EU initiatives to ensure sustainable andility, democratic corporate governance and due diligence on human rights, includingcy and a fair transition, with regard to labour, and on climate change and the environment, as well as EU initiatives to reduce the use of unfair practices, such as labour exploitation and unfair competition in the single market;
2023/03/08
Committee: EMPL
Amendment 55 #

2023/2536(RSP)


Recital E
E. whereas Principle 8 of the European Pillar of Social Rights states that social partners should be consulted on the design and implementation of economic, employment and social policies, according to national practices; whereas social partners are also encouraged to negotiate and conclude collective agreements on matters relevant to them, while safeguarding their autonomy and the right to collective action; whereas workers or their representatives have the right to be informed and consulted in good time on matters relevant to them, in particular on the transfer, restructuring and merger of undertakings and on collective redundancies; whereas the Porto Social Commitment called on all relevant actors to promote autonomous social dialogue as a structuring component of the European social model and to strengthen it at the European, national, regional, sectoral and company levels, with particular emphasis on ensuring an enabling framework for collective bargaining within the various models that exist across the Member States;
2023/03/08
Committee: EMPL
Amendment 59 #

2023/2536(RSP)


Recital F
F. whereas some Member States are ensuring an enabling framework for social dialogue, while in some other Member States, social dialogue is under pressure for reasons including ineffective consultation procedures, a lack of capacity and strict representational criteria; whereas the EU regulatory landscape in the field of employment law and company law remains excessively fragmented, which could result in a lack of legal certainty on applicable rules and rights for both employers and employee as well as limitations on the social partners’ freedom to autonomously negotiate and find compromises through collective bargaining; whereas the latter can manifest not only through explicit restrictions to social dialogue itself but through other types of legislation that limits the social partners’ room for manoeuvre in autonomous collective bargaining; whereas in accordance with Article 9 of the ESF+ regulation, Member States must ensure meaningful participation of the social partners in the delivery of employment, education and social inclusion policies supported by the ESF+ strand under shared management; whereas all Member States must allocate an appropriate amount of ESF+ resources, and where they have received related country-specific recommendations this shall be at least 0.25%, to capacity building of the social partners, including in the form of training, networking measures, and strengthening of the social dialogue, and to activities jointly undertaken by the social partners;
2023/03/08
Committee: EMPL
Amendment 68 #

2023/2536(RSP)


Recital G
G. whereas collective bargaining refers to all negotiations that take place according to national law and practice in each Member State between an employer, a group of employers or one or more employers’ organisations on the one hand, and one or more trade unions on the other, to determine working conditions and terms of employment; whereas a trade union is understood to be a group of workers formed to further and defend workers’ interests, under national law and/or practice; whereas an employers’ organisation is an organisation whose membership consists of individual employers, other associations of employers or both, constituted to further and defend the interests of its members, under national law and/or practice; whereas in line with the Workers’ Representatives Convention, which has been ratified by 24 Member States, workers’ representatives can be persons who are: (i) recognised as such under national law or practice, whether or not they are trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or (ii) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with relevant provisions of national laws or regulations or of collective agreements and whose functions do not include activities that are recognised as the exclusive prerogative of trade unions in the country concerned; whereas when both trade union representatives and elected representative exists in the same undertaking, elected representatives should not to be used to undermine the position of the trade unions concerned or their representatives, in particular as regards collective bargaining ,which is the prerogative of the trade union;
2023/03/08
Committee: EMPL
Amendment 70 #

2023/2536(RSP)


Recital G a (new)
G a. whereas in line with the Workers’ Representatives Convention, which has been ratified by 24 Member States, workers’ representatives can be persons who are: (i) recognised as such under national law or practice, whether or not they are trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions; or (ii) elected representatives, namely, representatives who are freely elected by the workers of the undertaking in accordance with provisions of national laws or regulations or of collective agreements and whose functions do not include activities that are recognised as the exclusive prerogative of trade unions in the country concerned; whereas when both trade union representatives and elected representative exists in the same undertaking, elected representatives should not to be used to undermine the position of the trade unions concerned or their representatives and to encourage co-operation on all relevant matters between the elected representatives and the trade unions concerned and their representatives;
2023/03/08
Committee: EMPL
Amendment 72 #

2023/2536(RSP)


Recital H
H. whereas the enabling conditions for a well-functioning social dialogue are: (i) the existence of strong, independent trade unions and technical capacity in employers’ organisations; (ii) technical capacity, (iii) access to relevant information to participate in social dialogue; (iiiv) a commitment from all parties to engage in social dialogue; (iv) respect for the fundamental rights of freedom of association and collective bargaining; and (vi) appropriate institutional support, (vii) adaptation to the digital age and promotion of collective bargaining in the new world of work; (viii) allowing independent social partners to negotiate and conclude collective agreements autonomously without undue political intervention;
2023/03/08
Committee: EMPL
Amendment 81 #

2023/2536(RSP)


Recital I
I. whereas strong collective bargaining, in particular at sectoral or cross-industry level, contributes to quality jobs; whereas trade unions, workers’ representation and participation and collective bargaining coverage are essential for the enforcement of workers’ rights and can contribute to the proper functioning of companies; whereas action is neededone of the aims of social dialogue is to ensure a balance of bargaining power between employers and trade unions, which can be improved by strengthening democracy at work;
2023/03/08
Committee: EMPL
Amendment 88 #

2023/2536(RSP)


Recital L
L. whereas social dialogue and collective bargaining are key instruments for employers and trade unions to use to establish fair wages and working conditions; whereas strong collective bargaining systems increase Member States’ resilience in times of economic crisis; whereas societies with strong collective bargaining systems tend to be wealthier and more equal; whereas the right to collective bargaining is an issue that concerns all European workers and that can also have crucial implications for democracy and the rule of law, including respect for fundamental social rights; whereas collective bargaining is a European fundamental right and the EU institutions are bound to respect it by Article 28 of the Charter of Fundamental Rights of the EU; whereas in this context, policies that respect, promote and strengthen collective bargaining and the position of workers in wage-setting systems play a critical role in achieving bettera high standard of working conditions;
2023/03/08
Committee: EMPL
Amendment 95 #

2023/2536(RSP)


Recital M a (new)
M a. whereas according to Article 153 TFEU, the Union shall ‘support and complement the activities of the Member States’ in a number of fields concerning employment and social policy; whereas Article 155 permits the social partners to conduct ‘dialogue at Union level’ which, if they desire, can ‘lead to contractual relations, including agreements;
2023/03/08
Committee: EMPL
Amendment 98 #

2023/2536(RSP)


Recital O
O. whereas it is necessary for social partners to adapt and expand their outreach in order to connect to workers engaging in for example non- standard forms of work or in new forms of employment suffer from, where such workers often experience a lack of representation; whereas the emergence of new forms of employment marequires a change of approach and mind-set amongst social partners to ensure that they remain open to, and can attract, workers with difficult for trade unions to recruit new memberserent employment contracts and statuses across all sectors such as solo self-employed or labour migrants; whereas it is crucial that this approach ensures inclusion and diversity in social partners’ membership and leadership, recognising that today’s world of work is globalised and intercultural;
2023/03/08
Committee: EMPL
Amendment 104 #

2023/2536(RSP)


Paragraph 1
1. Stresses that social dialogue and, including collective bargaining contribute to the social market economy, one of the aims of the Treaty of Lisbon, is a crucial and beneficial tool for a well- functioning social market economy, driving economic and social resilience, competitiveness, stability and sustainable and inclusive growth and development; reiterates that, in line with the Treaties, which explicitly protect the autonomy of social partners and the self-regulatory systems in place in some Member States, social dialogue must be protected in order for social partners to regulate themselves autonomously, ensuring total legitimacy and strong progress on collective agreement coverage; welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further improved and that more efforts are needed to support collective bargaining coverage and prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to increase its financial, legal and political support; calls on the Commission to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies; strongly urges the Commission to come up with new proposals that fully respect social partners’ autonomy and avoid severely devaluing European sectoral social dialogucontractual freedom and total legitimacy in their achievements towards progress on collective agreement coverage;
2023/03/08
Committee: EMPL
Amendment 111 #

2023/2536(RSP)


Paragraph 1 a (new)
1 a. Highlights that social dialogue is a key aspect of democracy in the design and implementation of policies and laws affecting those they represent, namely workers and employers, which in turn is an essential part of the principle of subsidiarity;
2023/03/08
Committee: EMPL
Amendment 112 #

2023/2536(RSP)


Paragraph 1 b (new)
1 b. Welcomes the Commission proposal for a Council recommendation on strengthening social dialogue in the EU; stresses that social dialogue at national and Union level needs to be further supported and that more efforts are needed to improve collective bargaining coverage and ensure workplaces are well-adapted to changes in the world of work in order to safeguard quality jobs as well as prevent social partners’ membership and organisational density from decreasing; regrets, however, that the proposal does not lay out any sustainable solutions for organising and financing sectoral social dialogue committees; calls on the Commission to maintain its logistical support for sectoral social dialogue committees and to continue supporting and closely monitoring sectoral social dialogue in order to ensure alignment between committees and that social dialogue can make a significant contribution to EU policies;
2023/03/08
Committee: EMPL
Amendment 113 #

2023/2536(RSP)


Paragraph 1 c (new)
1 c. Stresses in particular the need to support national social partners to build capacity including through supportive measures such as training and provision of expertise and to adapt their activities to the digital age and explore new activities and measures to respond to the green and digital transitions as well as demographic change and new labour market conditions;
2023/03/08
Committee: EMPL
Amendment 114 #

2023/2536(RSP)


Paragraph 1 d (new)
1 d. Recalls the importance of promoting gender equality and equal opportunities for all, including persons with disabilities and labour migrants in relation to representation as well as horizontally across all policy areas;
2023/03/08
Committee: EMPL
Amendment 116 #

2023/2536(RSP)


Paragraph 2
2. Urges the Commission to support and monitor the implementation of itsthe recommendation at national and Union level, jointly with the Member States and relevant social partners; calls on the Commission and the Member States to ensure that thissuch monitoring allows social partners to, among other things, identify situations from which they have been excluded or in which they were inadequately involved in national-level consultations on Union and national policy, including access to justice and the right to redress; stresses that any type of monitoring must also safeguard the social partners’ freedom and ability to negotiate in a constructive manner that benefits both sides, where negotiations are conducted in a bipartite format;
2023/03/08
Committee: EMPL
Amendment 121 #

2023/2536(RSP)


Paragraph 3
3. Believes that freedom of assembly and association and workers’ rights to organise, to collective union representation and to collectively call for reforms within their workplaces are fundamental aspects of the European project and core principles of the European social model, which have been affirmed and legally upheld by the EU institutionsCommission, the Member States and social partners respectively;
2023/03/08
Committee: EMPL
Amendment 125 #

2023/2536(RSP)


Paragraph 4
4. Is concerned that the density of employers’ organisations and trade unions is declining across allmany Member States; warns that the decrease in collective bargaining coverage is not onpartly due to the decline in trade union density, but also toto some extent the lack of representation within employers’ organisation and employers’ lack of involvement and willingness to participate in collective bargainings; suggests that in order to turn this negative trend around and promote collective bargaining, a shift in approach is needed that adapts to the new realities in the world of work and continues to promote a culture of compromise and collaboration but also inclusion and diversity; believes that one way for social partners to remain attractive to new members and thus increase organisational density, is to make sure their outreach is inclusive, socially sustainable and open-minded, including towards groups outside the traditional membership such as the solo self-employed or labour migrants including from third countries;
2023/03/08
Committee: EMPL
Amendment 136 #

2023/2536(RSP)


Paragraph 5
5. Urges the Member States to take note of the fact that both mutual recognition of social partners and the statutory recognition of trade unions and employers’ organisations by the authorities of each Member State are key to a successful collective bargaining framework, provided employers and workers are able to choose freely which organisation(s) will represent them; stresses that such statutory recognition is open and transparent on the basis of objective representativeness criteria established in consultation with employers’ organisations and trade unions;
2023/03/08
Committee: EMPL
Amendment 141 #

2023/2536(RSP)


Paragraph 6
6. Calls on the Commission and the Member States to meaningfully involve and consult withe social partners oin economic,a timely manner in the design and implementation of social and employment policies, and decision-making in open processwhere relevant, economic policies, including the European Semester process;
2023/03/08
Committee: EMPL
Amendment 144 #

2023/2536(RSP)


Paragraph 7
7. CRecalls on the Commission and the Member States, along withat Member States’ collective bargaining coverage rates vary significantly owing to a number of factors, including national tradition and practice as well as historical contexts which must be taken into account while striving for progress towards higher collective bargaining coverage; encourages the social partners, to commit to reaching collective bargaining coverage of 90 % by 2030develop innovative approaches to increase collective bargaining coverage rates, including by extending memberships to all types of workers, including those with different employment contracts and statuses such as the solo self-employed; calls on the Commission and the Member States, to support the efforts of social partners in this regard through removing institutional and legal barriers to well- functioning collective bargaining, with a view to improving living and working conditions in the Union, contributing to upward social convergence, fighting in- work poverty and social exclusion and reducing wage inequality;
2023/03/08
Committee: EMPL
Amendment 157 #

2023/2536(RSP)


Paragraph 8
8. Calls on the Member States to review and repeal any national legislation that hampers collective bargaining, including any legislation that inhibiarbitrarily restricts trade unions’ access to workplaces for the purpose of organising; calls on the Commission and the Member States to promote sectoral- level collective bargaining as an important instrument to increase collective agreement coverage, making sure that derogations from collec including by supporting the capacity-building of social partners, making sure employment related initiatives agreements concluded at a higher level are restricted to situations in which those derogations are needed to maintain quality employmentllow for independent and equal national social partners to adapt, complement or deviate from legislation by way of collective agreements as long as the aims of adopted legislative acts is still fulfilled;
2023/03/08
Committee: EMPL
Amendment 163 #

2023/2536(RSP)


Paragraph 8 a (new)
8 a. Calls on the Commission to review the impact of employment and social policies and legislation at Union level on promotion and support of social dialogue and collective bargaining, in particular as regards their implementation in the Member States and the involvement of the social partners, as well as the added value of EU initiatives in this regard compared with existing national law or practices;
2023/03/08
Committee: EMPL
Amendment 170 #

2023/2536(RSP)


Paragraph 9
9. Underlines that reforms in the 9. Member States should not negatively affect collective bargaining and thaexamine how reforms in the field of employment and social affairs affect collective bargaining needs to beand actively promoted at sectoral level, including by supporting the capacity-building ofn enabling framework for social partners; stresses that labour market reforms at national level mustshould contribute to implementingthe aims of the European Pillar of Social Rights, including particular Principle 8 thereof on social dialogue and the involvement of workers, as well as collective bargaining, respect for the autonomy of social partners and the rights to collective action and to be informed and consulted in good time on the transfer, restructuring and merging of undertakings and on collective redundancies; calls on the Commission to analyse any labour reforms relating to these issues in the Member States’ national recovery and resilience plans;
2023/03/08
Committee: EMPL
Amendment 171 #

2023/2536(RSP)


Paragraph 9 a (new)
9 a. Stresses the need for the Commission and the Member States to improve the scope and relevance of data collection at Union and national level on social dialogue in particular collective bargaining; calls for comprehensive and comparable data, disaggregated by sector, to include inter alia the rate of solo self- employed covered by collective agreements, the number of collective agreements concerning measures to address the green and digital transitions, skills and labour market shortages and the profile of the workers covered by such agreements;
2023/03/08
Committee: EMPL
Amendment 173 #

2023/2536(RSP)


Paragraph 10
10. Is concerned about the fact that some workers taking part in new forms of work do not enjoyAcknowledges that new and non- standard forms of work will require new types of effective representation orand participation rights in the workplace; deplores the fact that this is the case, in particular, for sectors where the majority of workers are women, innovative approaches and inclusive outreach; reiterates its call on the Commission and the Member States to ensure the right of workers to freedom of association and participation in the workplace for all forms of employment; is concerned about the growing phenomenon of company trade unions or workers’ representatives that are established or controlled by and work in the interests of the employer rather than the workers; stresses that this is particularly serious in certain sectors where the misclassification of workers and precariousness are common; warns that such company trade unions or workers’ representatives arewarns that union-busting is contrary to Article 2 of ILO Convention No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively and to Directive 2002/14/EC15; calls on the Commission and the Member States to, along with social partners, ensure that elections for workers’ representatives comply with the Workers’ Representatives Convention and that workers’ representatives enjoy effective protection from any prejudicial act towards them, including dismissal, based on their status or activities as a workers’ representative or on their union membership or participation in union activities; _________________ 15 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).
2023/03/08
Committee: EMPL
Amendment 181 #

2023/2536(RSP)


Paragraph 10 a (new)
10 a. Recalls the European Pillar of Social Rights (EPSR) Action Plan targets that at least 60% of all adults should participate in training annually and that at least 80% of those aged 16-74 should have basic digital skills; stresses the crucial role social partners can play in reaching these targets and addressing skills and labour shortages, particularly in regions most affected by the green and digital transitions; recalls that social partners should be consulted in tripartite discussions on reskilling, upskilling, VET and lifelong learning policies; encourages the social partners to address re- and up- skilling as well as digital skills and literacy through social dialogue on training policies;
2023/03/08
Committee: EMPL
Amendment 183 #

2023/2536(RSP)


Paragraph 11
11. Calls for the EU industrial strategy to ensure that the jobs of tomorrow are nbot onlyh green, but above all decent, well paid and based on and decent, ensuring adequate remuneration and good working conditions, including as regards health and safety at work, robust social protection and gender equality; calls on the Member States, in the context of the European Green Deal and the RePowerEU plan, to adopt and implement, in close cooperation with social partners, comprehensive and coherent policy packages to benefit all societal groups and to make optimal use of public and private funding, including social conditionalities for the creation of quality jobs with fair working conditions and good pay, the promotion of collective bargaining and respect for collective agreements; considers furthermore that all EU financial support to undertakings, including the Green Deal industrial plan programmes, should be made conditional on the undertakings’ compliance with the applicable working and employment conditions and/or employer obligations, including any applicablefor the creation of quality jobs, the promotion of collective bargaining and respect for collective agreements; urges the Commission and the Member States to enforce the requirementssure that companies receiving public support must avoid redundancies and the worsening of working conditions and that, under the EU industrial plan, undertakings must respect collective bargaining and information and consultation processes with unions on investments, restructuring and any reforms;
2023/03/08
Committee: EMPL
Amendment 198 #

2023/2536(RSP)


Paragraph 12
12. Calls on the Commission to strongly enforce the social clause in the existing EU Public Procurement Directive16and to revise the directive in order to further strengthen social clauses inwhich requires Member States to ensure that in the performance ofpublic contracts to requireeconomic operators and subcontractors to fullyrespect workers’right to collective bargaining and to set condicomply with applicable obligations forin the full implementation of the applicable sectoralcollective agreements and to exclude from tenders companies that have been condemned for engaging in criminal activities or union-busting or that have refused to participate in ields of environmental, social and labour law established by Union law, national law, collective agreements or by applicable international environmental, social and labour law provisions includingrespect for theright to organise andcollective bargaining; and calls for this revision to exempt all social and welfare services from procurement obligations and to establish a European exclusion mechanism to excludeon social partners to enhance their efforts in making sure that economic operators are bound bycollective agreements; calls on the Member States to make sure their judicial systems have sufficient capacity to exercise their authority and addressprimary contractors and subcontractors who have repeatedly engaged in unfair competition and tax fraud; calls on the Commission and the Member States to ensure compliance with and monitoring and enforcement of the Public Procurement Directive; _________________ 16 Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).
2023/03/08
Committee: EMPL
Amendment 203 #

2023/2536(RSP)


Paragraph 13
13. Calls on the Member States to transpose as soon as possible the Adequate Minimum Wages Directive, which requiresere applicable and according to the situation in each Member States, to take appropriate measures to ensure that, in the awarding and carrying out of public procurement or concession contracts, economic operators and their subcontractors comply with the applicable obligations regarding wages, the right to organise and collective bargaining on wage-setting in the field of social and labour law established by Union law, national law, collective agreements and international social and labour law provisions, including ILO Conventions No 87 concerning Freedom of Association and Protection of the Right to Organise and No 98 concerning the Application of the Principles of the Right to Organise and to Bargain Collectively;
2023/03/08
Committee: EMPL
Amendment 206 #

2023/2536(RSP)


Paragraph 14
14. Reiterates its call on the Commission to propose a new directive on a general framework for workers’ information, consultation and participation for European companies, including subcontracting chains and franchises, and for companies that use European company mobility instruments, in order to establish minimum standards, including on anticipation of change and restructuring, in particular at company level; reiterates its call for a revision offor a revision of the European Works Council Directive with a view to clarifying its objectives, definitions and procedures, strengthening the right of employee representatives to information and consultation, particularly during restructuring processes; stresses the need to ensure the Eupropean Works Council Directive to ensure, inter alia, proper enforcement, access to justice and effective sanctions for violations of the rules and to improve the functioning of the special negotiating body, including by creatr functioning of undertakings and the capacity of their management to make decisions in an efficient and timely manner; underlines the importance of enhancing a transnational information and consultation process, which should be properly conducted and completed before any decisions are takenparency and workers’ rights to information and consultation in all types of companies, in a way the benefits both the employees and the employer; stresses that this is precisely the purpose of proper functioning social dialogue;
2023/03/08
Committee: EMPL
Amendment 213 #

2023/2536(RSP)


Paragraph 15
15. Calls on the Commission and the Member States to establish the necessary conditions and requirements to have at least 80 % of corporations covered by sustainable corporate governance agreements by 2030, including by establishing strategies agreed on with workers in order to positively influence environmental, social and economic development through governance practices and market presence, improve directors’ accountability as regards integrating sustainability into corporate decision- making and promote corporate governance practices that contribute to company sustainability, such as those related to, inter alia, corporate reporting, board remuneration, the maximum wage ratio, board composition and stakeholder involvementMember States to ensure that companies’ respective corporate governance models take due account of environmental, social and economic development through governance practices and market presence and promote corporate governance practices that contribute to company sustainability, in a way that does not overthrow the functioning of those respective models and that takes into account the different sizes and sectors of companies;
2023/03/08
Committee: EMPL
Amendment 216 #

2023/2536(RSP)


Paragraph 16
16. Welcomes the fact that the Commission communication on social dialogue states that the Commission will appoint a social dialogue coordinator in each Commission service to get a better understanding of social dialogue across the institution; is concerned that, wi, as was previously proposed by the social partners themselves; stresses, however, that the social partners have the best understanding of social dialogue and should therefore be preferred as candidates for this coordinator role, for example throut a cleargh secondments from national social partners in the Member States, which can help clarify the mandate on what their roles, rights and responsibilities entail, these coordinators will have an insufficientin order to have the desired impact; suggests that the Commission involve these social dialogue coordinators in all employment-related aspects and effects of EU regulations and policymaking, beyond the scope of Article 153 TFEU;
2023/03/08
Committee: EMPL
Amendment 224 #

2023/2536(RSP)


Paragraph 17
17. Calls on the Member States to ratify and implement all ILO core conventions, including particular No 155 concerning Occupational Safety and Health and the Working Environment and No 187 concerning the promotional framework for occupational safety and health, which have both been recently designated as ILO core conventions and which have not yet been ratified by all Member States; calls on the Commission to encourage the Member States to ratify and implement all the ILO core conventions;
2023/03/08
Committee: EMPL
Amendment 227 #

2023/2536(RSP)

Draft motion for a resolution
Paragraph 18
18. Calls on the Commission and the Member States to ensure the proper functioning of individual and collective labour dispute settlement systems, as recommended by various ILO conventions and recommendations in accordance with national law and/or practice, including conciliation, mediation and arbitration services with the agreement of both parties, which should have simplified procedures and enough resources available to assist both workers and employers and which should be free of charge and expeditious; calls on the Member States with decentralised labour mediation services to ensure that regional authorities cannot dismantlemaintain those services to guarantee a similar level of protection for all workers and employers within the national territory;
2023/03/08
Committee: EMPL
Amendment 236 #

2023/2536(RSP)


Paragraph 20
20. Highlights that recital 35 of Directive (EU) 2019/212117states that ‘[i]n certain circumstances, the right of companies to carry out a cross-border operation could be used for abusive or fraudulent purposes, such as for the circumvention of the rights of employees, social security payments or tax obligations, or for criminal purposes’;considers it essential, in this regard, to adequately define ambitious EU minimum standards for information, consultation, board-level representation and the participation of workers when companies restructure across borders;cCalls on the Commission, in the context of its forthcoming evaluation of Directive (EU) 2019/2121, to take account of existing good practices and the results of studies on and assessments of the positive socioeconomic effects and consequences of employee representation in corporate bodies, while also amending existing directives on this issue, which could help improve corporate governance; calls on the Commission to develop initiatives to raise awareness and improve knowledge of national and EU rules governing employee representation in corporate bodies in the various Member States and to foster the exchange of best practices, including assessing the different forms of worker participation and their socioeconomic effects; reiterates that several EU legal acts concerning workers’ board-level representation rights do not establish minimum requirements for board-level representation in EU companies in their various forms or for companies that use EU company legal instruments to enable cross-border company mobility and legal reorganisation, including cross-border mergers, conversions and divisions;calls on the Commission and the Member States to take urgent and decisive actionto ensure that EU companies respect workers’ information, consultation and participation rights and that, accordingly, they comply with existing EU and national legal obligations; _________________ 17 Directive (EU) 2019/2121 of the European Parliament and of the Council of 27 November 2019 amending Directive (EU) 2017/1132 as regards cross-border conversions, mergers and divisions (OJ L 321, 12.12.2019, p. 1).
2023/03/08
Committee: EMPL
Amendment 29 #

2023/2087(INI)

E. whereas Mauritania despite having signed the 1951 Convention Relating to the Status of Refugees has no national legal asylum system in place; whereas the Office of the United Nations High Commissioner for Refugees (UNHCR) grants de facto protection with the issuance of refugee cards and certificates on the basis of a memorandum with the authorities; whereas people deemed ineligible for protection are structurally deported by the authorities without further procedure; whereas this has included deportations of people whose cases have not been assessed by the UNHCR; whereas Mauritania’s current legal framework does not allow for effective protection of women and children, or of LGBTIQ+ persons; whereas same-sex activity is illegal in Mauritania;
2023/07/18
Committee: LIBE
Amendment 56 #

2023/2087(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Emphasises that any human rights violations by Frontex staff in Mauritania are cause for drawing into question the presence of Frontex personnel and should trigger a re-evaluation or suspension of the deployment of Frontex in Mauritania;
2023/07/18
Committee: LIBE
Amendment 58 #

2023/2087(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Calls on Frontex not only to avoid all complicity in human rights violations by Mauritanian security forces, but also to denounce any such actions;
2023/07/18
Committee: LIBE
Amendment 68 #

2023/2087(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls for the inclusion of clear safeguards mechanisms in the Status Agreement to avoid the misuse of EU material support for migration control purposes by Mauritanian security forces;
2023/07/18
Committee: LIBE
Amendment 69 #

2023/2087(INI)

Motion for a resolution
Paragraph 2 b (new)
2b. Expresses concern on the impact of a status agreement on the freedom of movement in West Africa, most notably in Mauritania and the ECOWAS protocol on free movement in its neighbouring countries;
2023/07/18
Committee: LIBE
Amendment 86 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.1 – point c a (new)
ca. Include clear guidelines and mechanisms on combatting corruption in all areas of cooperation between officers of the Agency and Mauritanian authorities and security forces;
2023/07/18
Committee: LIBE
Amendment 87 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.1 – point d
d. include provisions aboutnd guarantees for adequate human rights protection and the Mauritanian authorities respecting fundamental rights during operations, in the status agreement, including sound options that will ensure accountability in the event of violations;
2023/07/18
Committee: LIBE
Amendment 90 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.1 – point d a (new)
da. To provide assistance and capacity to Mauritanian authorities to develop a comprehensive legal asylum system based on fundamental rights and in line with the practices of the UNHCR;
2023/07/18
Committee: LIBE
Amendment 100 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.1 – point e a (new)
ea. Share regular assessments of joint operational activities with focus on fundamental rights;
2023/07/18
Committee: LIBE
Amendment 101 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.1 – point e b (new)
eb. For the Commission and the Agency to at all times uphold the highest standards of humanitarian law and fundamental rights its negotiations and communications on the status agreement with Mauritanian authorities;
2023/07/18
Committee: LIBE
Amendment 111 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.2 – point a a (new)
aa. Include an adequate human rights monitoring mechanism of Frontex activities in the final Status Agreement;
2023/07/18
Committee: LIBE
Amendment 145 #

2023/2087(INI)

Motion for a resolution
Paragraph 3 – point 3.2 – point e a (new)
ea. Include special guidelines for the processing of migrants and asylum seekers of especially vulnerable groups, most notably children, unaccompanied minors, women, LGBTQI+ persons and communities that face targeted violence or discriminatory prosecution in their country of origin;
2023/07/18
Committee: LIBE
Amendment 153 #

2023/2087(INI)

Motion for a resolution
Paragraph 4
4. Instructs its President to forward this recommendation to the Council, the Commission, the European Border and Coast Guard Agency, the signatories to the Cotonou Agreement between the European Union (EU) and the group of African, Caribbean and Pacific (ACP) countries and to the Government of Mauritania.
2023/07/18
Committee: LIBE
Amendment 16 #

2023/0393(COD)

Proposal for a directive
Recital 1
(1) In order to facilitate the exercise of rights byright to freedom of movement of persons with disabilities when travelling to or visiting another Member State for a short periodstay, Directive …./… [proposal for a Directive]3 established the framework, rules and common conditions, including a common standardised modeland accessible format, for a European Disability Card as proof of recognised disability status for accessing on equal terms and conditions any special conditions or preferential treatment offered by private operators or public authorities in a wide variety of services, activities and facilities, including when not provided for remuneration, and for a European Parking Card for persons with disabilities, as proof of their recognised right to any parking conditions and facilities reserved for persons with disabilities4 . in a Member State other than that of which they are a resident. _________________ 3 COM(2023) 512 final 4 COM(2023) 512 final
2024/02/06
Committee: EMPLLIBE
Amendment 19 #

2023/0393(COD)

Proposal for a directive
Recital 2
(2) To helpensure that Member States respect and fulfil their national equal treatment, inclusion and non-discrimination obligations under international, Union and national law vis-à-vis persons with disabilities who are third- country nationals legally residing in their territory and not falling within the scope of the Directive [XXXX], and guarantee the recognition of their disability status across Member States, thus facilitating the exercise of their rights to move or travel to other Member States in accordance with Union law and ensuring a more effective participation and inclusion in society of persons with disabilities who are third- country nationals on an equal basis with Union citizens with and without disabilities, it is necessary to extend the rules, rights and obligations laid down in Directive../…. to persons with disabilities who are third country nationals legally residing in the territory of a Member State, whose disability status has been recognised by that Member State, and who are entitled to move or travel to other Member States in accordance with Union law.
2024/02/06
Committee: EMPLLIBE
Amendment 25 #

2023/0393(COD)

Proposal for a directive
Recital 2 a (new)
(2 a) The UNCRPD recognises the difficult conditions faced by persons with disabilities who are subject to multiple or aggravated forms of discrimination on the basis of race, colour, sex, language, religion, political or other opinion, national, ethnic, indigenous or social origin, property, birth, age or other status. In particular, it recognises the principle of gender equality, that women and girls with disabilities are often at greater risk and subject to multiple and intersectional discrimination and that State Parties should take adequate measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms. Therefore, the European Disability Card and European Parking Card for persons with disabilities should have a clear intersectional and gender equality perspective including for third country nationals with disabilities, in particular women and girls, who are often at greater risk of such discrimination.
2024/02/06
Committee: EMPLLIBE
Amendment 30 #

2023/0393(COD)

Proposal for a directive
Recital 3
(3) Therefore, Member States shall take the necessary measures to ensure that the rules governing the eligibility, issuance, renewal or withdrawal and appeal thereof, mutual recognition and data protection of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, as well as the rights for beneficiaries, including access on equal terms and conditions to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or any parking conditions and facilities offered to or reserved for persons with disabilities or any person(s)s accompanying or assisting them including their personal assistant(s)s or assistance animals, set out in Directive ../…., equally apply to third country nationals legally residing in the Union and who are entitled to move or travel to other Member States in accordance with Union law. Both the European Disability Card and the European Parking Card for persons with disabilities should be issued and renewed free of charge to the beneficiary.
2024/02/06
Committee: EMPLLIBE
Amendment 52 #

2023/0393(COD)

Proposal for a directive
Recital 5
(5) This Directive should not affect the applicable Union rules governing mobility across the Union of third country nationals legally residing in a Member State across the Union, and who are entitled to move or travel to other Member States in accordance with Union law, but should rather facilitates the exercise of their right to move or travel when they already have such a right to mobility.
2024/02/06
Committee: EMPLLIBE
Amendment 61 #

2023/0393(COD)

Proposal for a directive
Article 1 – paragraph 1
Member States shall ensure that the rules, rights and obligations laid down in [Directive (EU) XXXXX] apply to third country nationals not falling within the scope of that Directive whose disability status and/or rights to parking conditions and facilities reserved for persons with disabilities have been recognised by the Member State of their residence, as well as to any persons accompanying or assisting them, including personal assistant(s) within the means or assistance animals as defined ing Article 3 points (d) and (h) of that Directive.
2024/02/06
Committee: EMPLLIBE
Amendment 66 #

2023/0393(COD)

Proposal for a directive
Article 2 – paragraph 1
This Directive shall not affect the applicable Union rules governing mobility across the Union, of third country nationals legally residing in the territory of a Member State across the Union.
2024/02/06
Committee: EMPLLIBE
Amendment 81 #

2023/0393(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.deleted
2024/02/06
Committee: EMPLLIBE
Amendment 1 #

2023/0311(COD)

Proposal for a directive
Recital 2 a (new)
(2 a) Whereas the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular in its Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47, brings together the most important personal freedoms and rights, including for persons with disabilities, (2b) Whereas The resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities1a, states the importance and need to have an EU disability card, (2c) Whereas the resolution of 4 October 2023 entitled ‘Harmonising the rights of autistic persons2a, highlights the importance of the proposal on the EU disability card, __________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0435_EN.html 2a https://www.europarl.europa.eu/doceo/doc ument/TA-9-2023-0343_EN.html
2023/11/29
Committee: FEMM
Amendment 3 #

2023/0311(COD)

Proposal for a directive
Recital 3 b (new)
(3 b) The equality and non- discrimination mandate contained in Article 5 of the CRPD is relevant, as the European Disability Card is meant to accelerate the equality of persons with disabilities through their mutual recognition within the EU. There is a need to approach mobility and free movement in a gender sensitive way so that this legislation contributes to recognising the rights of women and girls with disabilities, mothers and caregivers of persons with disabilities and adopting an intersectional approach in protecting them from discrimination. It is imperative to recognize that women and girls with disabilities are affected by discrimination in many areas of life including social isolation, lack of access to community services, low-quality housing, institutionalisation and inadequate healthcare which hampers them from contributing and engaging actively in society. Women with disabilities are 10 times more likely to experience physical or sexual assault than women without disabilities and therefore information on the access to specialized support services should be made available for those women with disabilities having suffered any form of gender based violence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, with this being accentuated for example in rural areas where access to services and opportunities in general is much more limited. Any person with a factual disability, according to the meaning stated in Article 1 of the CRPD, when they reside or move in an EU Member State other than their own, should have their disability status recognised.
2023/11/29
Committee: FEMM
Amendment 4 #

2023/0311(COD)

Proposal for a directive
Recital 6
(6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination, due in many cases to the intersection of gender and disability, which impacts all spheres of their life including their mobility experiences requiring State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and ensure the full development, advancement and empowerment of women. Women with disabilities often face intersectional forms of discrimination, and thus EU legislation need to integrate an intersectional approach in order to properly address exclusion and discrimination from a comprehensive, systemic and structural perspective; EU Member States are bound by the UNCRPD, however there are significant differences between the countries’ implementation1a. There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastructure, capacity building and awareness raising campaigns. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure universal accessibility to persons with disabilities., as for instance to the ones with functional illiteracy mostly affecting women, especially in regards to the current directive, and to ensure that persons with disabilities enjoy personal mobility with the greatest possible independence. (6 a) It is necessary to acknowledge that women and girls with disabilities face increased risk of violence and abuse, including sexual abuse, and have heightened vulnerability on account of their sex, age and disability, (6 b) Figures clearly show that caregivers of disabled people are in their vast majority women and that therefore a gender sensitive approach has to be applied also when considering the caregivers side. __________________ 1a Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
2023/11/29
Committee: FEMM
Amendment 5 #

2023/0311(COD)

Proposal for a directive
Recital 6 a (new)
(6 a) (6a) Whereas data from the European Institute for Gender Equality1a shows that in the EU, 20% of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities; whereas there are approximately 46 million women and girls with disabilities in the EU, comprising about 16% of its total female population and representing 60% of the overall population of persons with disabilities1b; therefore a gender- sensitive approach has to be applied when establishing a European Disability Card, and following the specific recommendations adopted by the CRPD Committee on the initial report of the EU in 2015, in particular, the mainstreaming of women and girls with disabilities perspective must be at the centre of the EU Gender Equality strategy, together with policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and support funding data collection and research on women and girls with disabilities1c; whereas the European Commission and EU Member States shall ensure that gender disaggregated data is collected to elaborate a gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future. __________________ 1a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work 1b https://www.edf-feph.org/women-and- gender-equality/ 1c Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
2023/11/29
Committee: FEMM
Amendment 10 #

2023/0311(COD)

Proposal for a directive
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public including to public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible and gender- inclusive ways, about the existence and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities. They should also coordinate comprehensive gender mainstreamed training for all actors concerned.
2023/11/29
Committee: FEMM
Amendment 11 #

2023/0311(COD)

Proposal for a directive
Article 16 – paragraph 2
2. The report shall address, inter alia, the use of the European Disability Card and European Parking Card for persons with disabilities in the light of social, and economic developments in the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this DirectiveMember States and in the Union as a whole, with a view to assessing the need to review this Directive. The report shall include a gender analysis, focusing on how the provisions of this Directive actually and potentially have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers. It shall take into account the feedback from persons with disabilities and relevant non- governmental organisations, in particular organisations representing persons with disabilities and organizations fighting for gender equality, as well as economic stakeholders. The Commission shall create a digital portal containing all the information with regards the benefits of holding the European Disability Card and the European Parking Card in all Member States in a gender inclusive manner.
2023/11/29
Committee: FEMM
Amendment 12 #

2023/0311(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall communicate to the Commission, at its request and in due time, all the information necessary for the Commission to draw up such a report. This information shall include, inter alia, a clear gender perspective on the implementation of the Disability Card. Member States shall collect gender- disaggregated data in order to identify the forms of multiple discrimination that are faced by women and girls with disabilities when accessing special conditions or preferential treatment with respect to services, activities or facilities, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s), in compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities, This data should be used for the gender impact assessment of the Directive and guarantee its gender- mainstreamed revision in the future.
2023/11/29
Committee: FEMM
Amendment 44 #

2023/0311(COD)

Proposal for a directive
Citation 5 a (new)
Having regard to the Charter of Fundamental Rights of the European Union (the ‘Charter’), in particular Articles 3, 6, 7, 8, 14, 15, 16, 20, 21, 23, 24, 25, 26, 31, 34, 35, 36, 41, 42, 45, and 47 thereof,
2023/11/13
Committee: FEMM
Amendment 45 #

2023/0311(COD)

Proposal for a directive
Citation 5 b (new)
Having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD), and its entry into force on 21 January 2011 in accordance with Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities,
2023/11/13
Committee: FEMM
Amendment 46 #

2023/0311(COD)

Proposal for a directive
Citation 5 c (new)
Having regard to its resolution of 13 December 2022 entitled ‘Towards equal rights for persons with disabilities’,
2023/11/13
Committee: FEMM
Amendment 47 #

2023/0311(COD)

Proposal for a directive
Citation 5 d (new)
Having regard to its resolution of 4 October 2023 entitled ‘Harmonising the rights of persons with disabilities’,
2023/11/13
Committee: FEMM
Amendment 49 #

2023/0311(COD)

Proposal for a directive
Recital 4
(4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country nationals who have legal residence in the European Union. To this end, the Directive text will be complemented by legal act from the Commission which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard. This can provide for more legal certainty not least for women and girls with a migrant background.
2023/11/13
Committee: FEMM
Amendment 50 #

2023/0311(COD)

Proposal for a directive
Recital 6
(6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. In its article 6, the UNCRPD specifically recognises that women and girls with disabilities are subject to multiple discrimination and requires State parties to “take measures to ensure the full and equal enjoyment by them of all human rights and fundamental freedoms” and “ensure the full development, advancement and empowerment of women, for the purpose of guaranteeing them the exercise and enjoyment of the human rights”. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure accessibility to persons with disabilities.
2023/11/13
Committee: FEMM
Amendment 51 #

2023/0311(COD)

Proposal for a directive
Recital 6 a (new)
(6 a) The CRPD Committee in its concluding observations on the initial report of the EU in 2015 adopted specific recommendations to be followed by the EU to ensure the rights of women and girls with disabilities. These recommendations include in particular the mainstreaming of women and girls with disabilities perspective in its forthcoming Gender Equality strategy, policies and programmes and a gender perspective in its Disabilities strategy. The Committee also recommended that the European Union develops actions to advance the rights of women and girls with disabilities by establishing a mechanism to monitor progress and funding data collection and research on women and girls with disabilities.39a _________________ 39a Concluding observations on the initial report of the European Union CRPD/C/EU/CO/1, Committee on the Rights of Persons with Disabilities, 2 October 2015.
2023/11/13
Committee: FEMM
Amendment 54 #

2023/0311(COD)

Proposal for a directive
Recital 6 b (new)
(6 b) It is imperative to recognize that the responsibility to uphold human and equal rights for all people lies mainly with state actors. All EU Member States are bound by the UNCRPD by its ratification, however there are significant differences between the countries’ implementation.39b There is a need to progress on equality for persons with disabilities in all countries, for example through investments in infrastruture, capacity buidiling and awareness raising campaigns. Here private actors can and should play a role too, as they have a duty to respect human rights and equality. _________________ 39b Implementing the UN Convention on the Rights of Persons with Disabilities, https://fra.europa.eu/sites/default/files/fra _uploads/fra-2023-uncrpd-human-rights- indicators_en.pdf
2023/11/13
Committee: FEMM
Amendment 60 #

2023/0311(COD)

Proposal for a directive
Recital 10
(10) Due to the lack of recognition of disability status between Member States, persons with disabilities may face specific difficulties when exercising their fundamental rights of free movement. They may also be subject to further discrimination or stigmatization when Member States take measures to fight fraud or forgery connected to disability certificates, for example by inadvertently accusing them of crimes or blaming the disabled person when in fact the fraud is being committed by other actors. Therefore, the primary focus must always be the best interest of the disabled person and the impact of measures of persons with disabilities should also be seriously taken into account.
2023/11/13
Committee: FEMM
Amendment 66 #

2023/0311(COD)

Proposal for a directive
Recital 13 a (new)
(13 a) This impediment on fundamental rights of free movement is exacerbated for women and girls with disabilities who are confronted with intersectional discrimination in all areas of life such as socio-economic disadvantages, social isolation, increased risk of violence against women, forced sterilisation and abortion, lack of access to community services, low-quality housing, institutionalisation, inadequate healthcare and denial of the opportunity to contribute and engage actively in society. Women and girls with disabilities may also be forbidden by their relatives or people in their vicinity to have relationships and be forced to live in continence. Overall, the situation for women and girls with disabilities is worse than those of men and boys with disabilities, and the difference is particularly true in rural areas where access to services and opportunities in general is much more limited compared to urban areas.
2023/11/13
Committee: FEMM
Amendment 67 #

2023/0311(COD)

Proposal for a directive
Recital 13 b (new)
(13 b) Data from the European Institute for Gender Equality shows that in the EU, 20 % of women with disabilities are in full-time employment, comparing to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, comparing to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, comparing to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, comparing to 10% men with disabilities and 3% women without disabilities.47a _________________ 47a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work
2023/11/13
Committee: FEMM
Amendment 72 #

2023/0311(COD)

Proposal for a directive
Recital 1
(1) The European Union is founded on the values of human dignity, freedom, and respect of human rights and committed to combating discrimination, including on the grounds of disability, as set out in the Treaty on European Union (TEU), the Treaty on the Functioning of the European Union (TFEU) and, the Charter of Fundamental Rights of the European Union (the ‘Charter’) and the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD).
2023/11/23
Committee: EMPL
Amendment 73 #

2023/0311(COD)

Proposal for a directive
Recital 22 a (new)
(22 a) In order to increase the number of service providers who offer preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through different information measures that ensure positive nudging. These measures could include for example, listing the service providers who already offer preferential treatment as well as publicizing information about requirements of persons with disabilities concerning communication or management of equipment.
2023/11/13
Committee: FEMM
Amendment 74 #

2023/0311(COD)

Proposal for a directive
Recital 23
(23) Beside parking conditions and facilities, the services, activities and facilities covered by this Directive concern the provision of accessibility and reasonable accommodation measures for a wide variety of ever-changing activities, including activities provided not for remuneration, by public authorities or private operators, either on a mandatory (on the basis of national/local rules or legal obligations) but often also on a voluntary basis (in particular by private operators) in a variety of policy domains, such as culture, leisure, tourism, sports, public and private transport, education.
2023/11/13
Committee: FEMM
Amendment 76 #

2023/0311(COD)

Proposal for a directive
Recital 3
(3) Every citizen of the Union has the fundamental right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in the Treaties and by the measures adopted to give effect to them. Article 18 of the UNCRPD also recognises the rights of persons with disabilities to liberty of movement and to freedom to choose their residence, on an equal basis with others.
2023/11/23
Committee: EMPL
Amendment 77 #

2023/0311(COD)

Proposal for a directive
Recital 4
(4) According to the Court of Justice of the European Union, citizenship of the Union is destined to be the fundamental status of nationals of the Member States when exercising the right to move and reside within the territory of the Member States, enabling those who find themselves in the same situation to enjoy, within the scope ratione materiae of the TFEU, the same treatment in law irrespective of their nationality, subject to such exceptions as are expressly provided for. The right to free movement should also apply to third country nationals who have legal residence in a Member State of the European Union and a recognised disability in that Member State, in the interest of equal treatment. Therefore, this Directive is to be complemented by a separate legal act which will bridge the legal gap between EU citizens and legally residing third country nationals in this regard. This will provide for more legal certainty not least for third country nationals women and girls with disabilities who have legal residence in the European Union.
2023/11/23
Committee: EMPL
Amendment 78 #

2023/0311(COD)

Proposal for a directive
Recital 5
(5) The Union is a Party to the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD)39 , and is bound by its provisions which are an integral part of the Union legal order to the extent of its competences. All the Member States are Parties to the UNCRPD and are bound by it also to the extent of their competences. _________________ While the Union and all its Member States are bound by the UNCRPD there are significant differences in its implementation3a. There is a need to progress on equality for persons with disabilities both for the Union itself as well as in all Member States, for example through investments in infrastruture, capacity buidiling, training and awareness raising campaigns. The Union and all Member States should further ratify the Optional Protocol of the UNCRPD. _________________ 3a https://fra.europa.eu/en/publication/2023/ implementing-un-convention-rights- persons-disabilities-human-rights- indicators 39 Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35.
2023/11/23
Committee: EMPL
Amendment 79 #

2023/0311(COD)

Proposal for a directive
Recital 25
(25) The issuance of the European Disability Card and the European Parking Card for persons with disabilities in a Member State is to be determined by this Directive together with that Member State’s applicable procedures and competences for the assessment and recognition of disability status and parking rights for persons with disabilities. Experience shows that even when presenting a European Disability Card or similar proof of disability, the person is not always offered the most accurate support for their disability due to inter alia misunderstandings or miscommunication. Member States should therefore provide the option to persons with disabilities when applying for the card to the relevant authorities, to display their requirements through disability access symbols. This could be done directly on the card or digitally through a QR code and can thus facilitate the communication of their condition and/or requirements.
2023/11/13
Committee: FEMM
Amendment 82 #

2023/0311(COD)

Proposal for a directive
Recital 6
(6) The purpose of the UNCRPD is to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect of their inherent dignity, thus ensuring their full and effective participation and inclusion in society on an equal basis with others. The UNCRPD also recognises the importance of the need to take appropriate measures to ensure equality of opportunity and universal accessibility tofor persons with disabilities.
2023/11/23
Committee: EMPL
Amendment 82 #

2023/0311(COD)

Proposal for a directive
Recital 31
(31) In order to raise awareness and facilitate access to specialfic conditions or preferential treatmenand/or tailored support, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities including in national sign languages, augmentative and alternative communication (AAC) as well as easy to read format respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user-friendly manner and accessible formats, for persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
2023/11/13
Committee: FEMM
Amendment 85 #

2023/0311(COD)

Proposal for a directive
Recital 7 a (new)
(7 a) The UNCRPD recognises that women and girls with disabilities are subject to multiple discrimination, and that State Parties should take measures to ensure their full and equal enjoyment of all human rights and fundamental freedoms. The Convention on Preventing and Combating Violence against Women and Domestic Violence, to which the European Union is a party, shall also guide the establishment of the European Disability Card and the European Parking Card for persons with disabilities.
2023/11/23
Committee: EMPL
Amendment 89 #

2023/0311(COD)

Proposal for a directive
Article 2 – paragraph 1 – introductory part
1. This Directive shall apply to parking conditions and facilities and to all situations where specialfic conditions or preferential treatmenand/or tailored support are offered by private operators or public authorities to persons with disabilities as regards access to the following services, activities and facilities:
2023/11/13
Committee: FEMM
Amendment 95 #

2023/0311(COD)

Proposal for a directive
Article 2 – paragraph 1 a (new)
1 a. For the purpose of paragraph 1, it shall always remain voluntary for the persons with disabilities to use the Disability Card for the listed services and conditions. Under no circumstances shall private or public actors require the EU Disability Card over existing national certificates.
2023/11/13
Committee: FEMM
Amendment 103 #

2023/0311(COD)

Proposal for a directive
Recital 13 a (new)
(13 a) Impediments to the fundamental right of free movement is exacerbated for women and girls with disabilities who are confronted with intersectional discrimination in all areas of life, not least in education and employment. For example, 20 % of women with disabilities are in full-time employment, compared to 29% of men with disabilities and 48% of women without disabilities. 22% of women with disabilities are at risk of poverty, compared to 20% of men with disabilities and 16% of women without disabilities. 17% of women with disabilities graduate tertiary education, compared to 18% of men with disabilities and 32% of women without disabilities. 11% of women with disabilities have unmet needs for medical examination, compared to 10% of men with disabilities and 3% of women without disabilities.47a The difference is particularly noticeable in rural areas where access to services and opportunities in general is much more limited compared to urban areas. Therefore the European Disability Card must have a clearer gender equality perspective and contribute to improving the free movement especially for women and girls with disabilities, for example when they move to another Member State for work or study and are reassessed by the new Member State. It is crucial that the vulnerable situation for women and girls with disabilities is not exacerbated further but rather, that they are encouraged to exercise their freedom of movement and protected when they do in order to ensure their free movement and economic independence. _________________ 47a Intersecting inequalities in the European Union in the 2023 Gender Equality Index https://eige.europa.eu/gender-equality- index/2022/domain/intersecting- inequalities/disability/work
2023/11/23
Committee: EMPL
Amendment 104 #

2023/0311(COD)

Proposal for a directive
Recital 13 a (new)
(13 a) Persons with disabilities who also belong to other marginalized groups such as LGBTQI+, racialized groups and ethnic minorities, people from disadvantaged socio-economic background, young people and people from remote geographical areas... often face multiple discrimination therefore it is important that Member States apply an intersectional approach when transposing and implementing this directive.
2023/11/23
Committee: EMPL
Amendment 106 #

2023/0311(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
(f a) “reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms;
2023/11/13
Committee: FEMM
Amendment 109 #

2023/0311(COD)

Proposal for a directive
Article 4 – paragraph 1 – point a
(a) Union citizens and family members of Union citizens as well as third country nationals that have permanent residence status in a Member State of the European Union whose disability status is recognised by the competent authorities in the Member State of their residence by means of a certificate, a card or any other formal document issued in accordance with national competences, practices, and procedures, as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s),
2023/11/13
Committee: FEMM
Amendment 110 #

2023/0311(COD)

Proposal for a directive
Recital 15
(15) Alongside physical and othervarious visible and invisible barriers in accessing both public and private spaces, high expenses are a key factor discouraging many persons with disabilities from travel48 , because they have specific needs and may also require person(s) accompanying or assisting them including those recognised as personal assistant(s) in accordance with national legislation or practices, making their travel costs higher than for persons without disabilities49 . Furthermore, the widespread lack of knowledge of psychosocial, cognitive, physical or sensorial accessibility policies can pave the way to discriminatory behaviour. The lack of recognition of disability status in other Member States might limit their access to special conditions, such as free access or reduced tariffs, or preferential treatment and has an impact on their travel costs, lives and choices. _________________ 48 Findings from Final Report based on Survey targeted at EU-level CSOs; Shaw and Coles, ‘Disability, holiday making and the tourism industry in the UK: a preliminary survey’, 25(3) Tourism Management (2004) 397-403; Eugénia Lima Devile and Andreia Antunes Moura (2021), Travel by People With Physical Disabilities: Constraints and Influences in the Decision-Making Process. 49 McKercher and Darcy (2018), Re- conceptualizing barriers to travel by people with disabilities, Tourism Management Perspectives, 59-66. [More for Explanatory Memorandum?]
2023/11/23
Committee: EMPL
Amendment 112 #

2023/0311(COD)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) Union citizens and family members of Union citizens as well as third country nationals that have permanent residence status in a Member State of the European Union whose rights to parking conditions and facilities reserved for persons with disabilities are recognised in their Member State of residence by way of a parking card or another document issued in accordance with national competences, practices, and procedures as well as, when applicable, to person(s) accompanying or assisting them including personal assistant(s).
2023/11/13
Committee: FEMM
Amendment 121 #

2023/0311(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability Card following the common standardised format set out in Annex I. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex I. Member States shall provide the option to persons with disabilities when applying for the card to the relevant authorities, to display their requirements through disability access symbols directly on the card or digitally through a QR code.
2023/11/13
Committee: FEMM
Amendment 127 #

2023/0311(COD)

Proposal for a directive
Article 6 – paragraph 4
4. The European Disability Card shall be issued or renewed by the Member State of residence directly if this is according to the national disability recognition procedure, or upon application by the person with disabilities. It shall be issued and renewed free of charge to the beneficiary within the same period set in the applicable national legislation for issuing disability certificates, disability cards or any other formal document recognising the disability status of a person with disabilities.
2023/11/13
Committee: FEMM
Amendment 138 #

2023/0311(COD)

Proposal for a directive
Recital 24 a (new)
(24 a) Personal assistants assist the person with disabilities or carry out activities of daily living if need be in the framework of a contractual relationship, and they do so with the objective of encouraging personal autonomy, facilitating community life and promoting independent living
2023/11/23
Committee: EMPL
Amendment 141 #

2023/0311(COD)

Proposal for a directive
Recital 25 a (new)
(25 a) Experience shows that when presenting a European Disability Card or similar national recgnition of disability, due to a lack of awareness, misunderstandings or communication barriers persons with disabilities, particularly those with invisible disabilities, do not always receive the most relevant support and accomodation for their disability. Member States should therefore provide the option to persons with disabilities, when applying for the card to the relevant authorities, to choose to display relevant symbol(s) on the card in order to indicate their assistance requirements.
2023/11/23
Committee: EMPL
Amendment 141 #

2023/0311(COD)

Proposal for a directive
Article 7 – paragraph 5
5. Member States shall take the necessary measures to ensure that the European Parking Card for persons with disabilities replaces all existing valid parking cards, issued in accordance with the Council Recommendation on parking cards for persons with disabilities58 at national, regional or local level at the latest by dd/mm/yy [date of application of this Directive]. These measures shall be taken with due respect and consideration to the person with disabilities and their rights. _________________ 58 Council Recommendation of 4 June 1998 (98/376/EC) OJ L 167/25,12.6.1998 as adapted by Council Recommendation of 3 March 2008 by reason of accession of the Republic of Bulgaria, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, Romania, the Republic of Slovenia and the Slovak Republic OJ L 63/43,7.3.2008.
2023/11/13
Committee: FEMM
Amendment 147 #

2023/0311(COD)

Proposal for a directive
Article 9 – title
Surveillance, compliance, aAccessibility of information and awareness raising
2023/11/13
Committee: FEMM
Amendment 148 #

2023/0311(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall make the conditions and rules, practices, and procedures to issue, renew or withdraw a European Disability Card and a European Parking Card for persons with disabilities publicly available in accessible formats, including in digital formats, latest by [within 12 months after the entry into force of this Directive], including in digital formats, as well as in national sign languages, augmentative and alternative communication and easy to read format and and upon request in other assistive formats requested by persons with disabilities.
2023/11/13
Committee: FEMM
Amendment 149 #

2023/0311(COD)

Proposal for a directive
Article 9 – paragraph 1 a (new)
1 a. Pursuant to paragraph 1 of this Article, the Commission shall gather the information provided by Member States in a specially dedicated EU website. Particularly, the website shall provide information on which different accessibility measures are available by public authorities to Card holders according to each disability type in the respective Member States. The website shall also list, where applicable, the type of service providers involved in the Card’s scheme.
2023/11/13
Committee: FEMM
Amendment 151 #

2023/0311(COD)

Proposal for a directive
Article 9 – paragraph 2
2. Member States shall take appropriate measures to raise awareness among the public in particular public authorities and private service providers having the potential to offer tailored support pursuant to Article 5, about the existence and conditions of the card. Member States shall also inform persons with disabilities, including in accessible ways, about the existence and inform persons with disabilities, including in accessible ways, about the existence and conditions to obtain, use, or renew the European Disability Card and the European Parking Card for persons with disabilities.
2023/11/13
Committee: FEMM
Amendment 153 #

2023/0311(COD)

Proposal for a directive
Article 9 – paragraph 2 a (new)
2 a. The Commission shall publish guidelines on standards as well as proper management of assistive devices and technologies in order to support Member States in their harmonization efforts. The first version of those guidelines shall be published latest by [within 12 months after the entry into force of this Directive] and consequently every 12 months. For this, the Commission shall assist persons with disabilities and their representative organizations as well as companies developing assistive technologies.
2023/11/13
Committee: FEMM
Amendment 154 #

2023/0311(COD)

Proposal for a directive
Article 9 – paragraph 2 b (new)
2 b. The information referred to in this Article shall be made available free of charge in a clear, comprehensive, user- friendly and easily accessible way, including through private operators’ or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882.
2023/11/13
Committee: FEMM
Amendment 159 #

2023/0311(COD)

Proposal for a directive
Article 9 a (new)
Article9a Surveillance and compliance 1. Member States shall take all necessary steps to avoid the risk of forgery or fraud and shall actively combat the fraudulent use and forgery of the European Disability Card and European Parking Card for persons with disabilities. Any measures taken to avoid risk of forgery or fraud shall have due regard and consideration to the rights of persons with disabilities and shall not result in any interference with the legitimate interests of persons with disabilities in the use of either card or lead in any way to their stigmatisation. 2. Member States shall take the necessary measures to ensure that holders of a European Disability Card or European Parking Card for persons with disabilities return their cards to the competent authority should the conditions under which they were issued no longer be fulfilled. 3. Member States shall take the necessary measures to ensure that in case they encounter cases of abuse or misuse of the cards issued by another Member State on their territory, the competent authorities in the Member State who issued the European Disability Card or European Parking Card for persons with disabilities are informed. The Member State of issuance shall ensure appropriate follow- up in accordance with national law or practice, keeping in mind the best interest of the persons with disabilities. 4. Member States shall carry out checks on compliance with the obligations deriving from the European Disability Card or European Parking Card for persons with disabilities and with the corresponding rights of persons with disabilities holding those cards and person(s) accompanying or assisting them including their personal assistant(s). 5. The information referred to in this Article shall be made available free of charge in a clear, comprehensive, user- friendly and easily accessible way, including through private operators’ or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882.
2023/11/13
Committee: FEMM
Amendment 160 #

2023/0311(COD)

Proposal for a directive
Recital 31
(31) In order to raise awareness and facilitate access to special conditions or preferential treatment for persons with disabilities, while travelling to or visiting another Member State, all relevant information with respect to the conditions, rules, practices, and procedures applicable to obtain the European Disability Card and/or the European Parking Card for persons with disabilities and its subsequent use should be made publicly available by Member States in a clear, comprehensive, user-friendly manner and accessible formats for persons with disabilities , including in digital formats, national sign languages and easy to read format, and upon request in assistive formats requested by persons with disabilities respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882. Private operators or public authorities granting special conditions or preferential treatment to persons with disabilities should make such information publicly available in a clear, comprehensive, user- friendly manner and accessible formats, for persons with disabilities, respecting the relevant accessibility requirements for services established in Annex I to Directive (EU) 2019/882.
2023/11/23
Committee: EMPL
Amendment 161 #

2023/0311(COD)

Proposal for a directive
Article 11 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, as well as persons with disabilities and their representative organisations.
2023/11/13
Committee: FEMM
Amendment 162 #

2023/0311(COD)

Proposal for a directive
Article 12 – paragraph 1
1. The Commission shall be assisted by a committee and shall meaningfully involve representative organisations of persons with disabilities. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2023/11/13
Committee: FEMM
Amendment 164 #

2023/0311(COD)

Proposal for a directive
Recital 31 a (new)
(31 a) In order to increase the number of service providers who offer special conditions or preferential treatment for persons with disabilities, Member States should support and encourage private operators and public authorities through relevant measures including through providing information and exchanges of best practice on the different types of special conditions or preferential treatment which could be offered as well as the provision of training on disability mainstreaming and disability awareness to ensure the special conditions or preferential treatment offered is done so in an inclusive and accessible way. For example such training could address the accessibility issues faced by persons with disabilities, requirements of persons with different disabilities concerning communication, respectful and safe management of equipment, use of assistive augmentative communication (AAC) and how to provide and publicise any offer of special conditions or preferential treatments in an accessibly visible way. Member States should ensure all such measures are carried out in partnership with persons with disabilities and their representative organisation to ensure they are inclusive and effectives.
2023/11/23
Committee: EMPL
Amendment 164 #

2023/0311(COD)

Proposal for a directive
Article 13 – paragraph 2 – point b
(b) provisions whereby public bodies such as Equality Bodies or private associations, organisations or other legal entities which have a legitimate interest in ensuring that the provisions of this Directive are complied with may take action in accordance with national law and procedures before the courts or before the competent administrative bodies on behalf or in support of a person with disabilities, with his or hetheir approval, in any judicial or administrative proceedings provided for the enforcement of obligations under this Directive.
2023/11/13
Committee: FEMM
Amendment 165 #

2023/0311(COD)

Proposal for a directive
Article 13 – paragraph 2 – point b a (new)
(b a) provisions whereby persons with disabilities, or their designated representatives acting on their behalf and with their approval, may appeal, in accordance with national law or practice, a decision from a Member State regarding the issuance or renewal of an European Disability Card or an European Parking Card.
2023/11/13
Committee: FEMM
Amendment 167 #

2023/0311(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that private operators or public authorities make information on any specialfic conditions or preferential treatmenttailored support related to reasonable accommodation pursuant to Article 5 publicly available in accessible formats.
2023/11/13
Committee: FEMM
Amendment 168 #

2023/0311(COD)

Proposal for a directive
Recital 32
(32) Member States should take all the necessary steps to avoid any risk of forgery or fraud when issuing the European Disability Card or the European Parking Card for persons with disabilities and should actively combat fraudulent use and forgery of these cards. Member States should ensure that any measures taken to combat forgery or fraud ensure due regard and consideration to the rights of persons with disabilities and should not result in any interference with their legitimate interests in using either card or lead in any way to their stigmatisation. Member States should assess the impact of any measures on persons with disabilities and consult them and their representative organisations in the measures’ design and implementation.
2023/11/23
Committee: EMPL
Amendment 168 #

2023/0311(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall encourage private operators or public authorities to voluntarily provide specialfic conditions or preferential treatment for persons with disabilitiestailored support for persons with disabilities in as wide a range of services, other activities and facilities as possible. This may be done by Member States through inter alia the following information measures: (a) publicizing information about which other service providers are already offering tailored support for persons with disabilities; (b) providing information on disability access symbols that can be displayed by the service providers to enhance visibility towards customers; (c) providing information on how to deal properly with assistive devices such as electric wheelchairs and scooters to avoid damage; (d) providing information on assistive augmentative communication (AAC).
2023/11/13
Committee: FEMM
Amendment 170 #

2023/0311(COD)

Proposal for a directive
Article 16 – paragraph 2
2. The report shall address, inter alia, in the light of social, economic developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directivein the light of social and economic developments in the Member States and in the Union as a whole, with a view to assessing the need to review this Directive. The report shall include a gender analysis, focusing on how the provisions of this Directive actually and potentially have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers.
2023/11/13
Committee: FEMM
Amendment 171 #

2023/0311(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall communicate to the Commission, at its request and in due time, all the information necessary for the Commission to draw up such a report. This information shall include, inter alia, a clear gender perspective on the implementation of the Disability Card.
2023/11/13
Committee: FEMM
Amendment 172 #

2023/0311(COD)

Proposal for a directive
Article 16 – paragraph 4
4. The Commission’s report shall take into account the viewpoints of persons with disabilities, economic stakeholders and relevant non-governmental organisations, including particular organisations representing persons with disabilities and organizations fighting for gender equality, as well as economic stakeholders.
2023/11/13
Committee: FEMM
Amendment 175 #

2023/0311(COD)

Proposal for a directive
Recital 35
(35) Member States should ensure that adequate and effective means exist to ensure compliance with this Directive and should therefore establish appropriate remedies, including checks on compliance and administrative and judicial procedures, to guarantee that persons with disabilities, person(s) accompanying or assisting them including personal assistant(s), as well as public bodies such as equality bodies or private associations, organisations in particular representative organisations of persons with disabilities or other legal entities which have a legitimate interest may take action on behalf of a person with disabilities under national law. Persons with disabilities should further have a right to redress, including adequate compensation, in case of infringements of their rights arising from this Directive. Member States should ensure these provisions comply with the principle of reasonable accommodation for persons with disabilities in their design and implementation in line with the UNCRPD.
2023/11/23
Committee: EMPL
Amendment 175 #

2023/0311(COD)

Proposal for a directive
Article 18 – paragraph 1
1. Member States shall adopt and publish, by dd/mm/yy [within 182 months after the entry into force of this Directive] at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.
2023/11/13
Committee: FEMM
Amendment 180 #

2023/0311(COD)

Proposal for a directive
Article 18 – paragraph 2
2. They shall apply those provisions from dd/mm/yy [3024 months from the date of entry into force of this Directive].
2023/11/13
Committee: FEMM
Amendment 187 #

2023/0311(COD)

Proposal for a directive
Article 1 – paragraph 1 – point a
(a) the rules governing the issuance of the European Disability Card and the European Parking Card for persons with disabilities as proof respectively of a disability status or of a right to parking conditions and facilities reserved for persons with disabilities, in view of promoting equal rights and freedom of movement for persons with disabilities and facilitating short stays of persons with disabilities in a Member State other than that of which they are a resident, by granting them access to any special conditions or preferential treatment with respect to services, activities or facilities, including when provided not for remuneration, or parking conditions and facilities offered to or reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s);
2023/11/23
Committee: EMPL
Amendment 214 #

2023/0311(COD)

Proposal for a directive
Article 2 – paragraph 4
4. This Directive does not impinge on national competences to grant or require to grant special benefits or specific, preferential conditions, such as free access, reduced tariffs, or preferential treatment for persons with disabilities and, where provided, for person(s) accompanying or assisting them including their personal assistant(s), guide dogs or assistance animals.
2023/11/23
Committee: EMPL
Amendment 217 #

2023/0311(COD)

Proposal for a directive
Article 2 – paragraph 5
5. This Directive shall be without prejudice to the rights that persons with disabilities or, person(s) accompanying or assisting them, including their personal assistant(s), or guide dogs and assistance animals may derive from other provisions of Union law or national law implementing Union law, including those granting specific benefits, special conditions, or preferential treatment.
2023/11/23
Committee: EMPL
Amendment 229 #

2023/0311(COD)

Proposal for a directive
Article 3 – paragraph 1 – point e
(e) “special conditions or preferential treatment” means specific conditions, including those related to financial conditions, or differentiated treatment related to assistance and support such as free access, reduced tariffs, priority access, offered to persons with disabilities and/or, when applicable, to person(s) accompanying or assisting them including personal assistant(s), guide dogs or assistance animals recognised in accordance with the national legislation or practices as such, irrespective whether provided on a voluntary basis or imposed by legal obligations;
2023/11/23
Committee: EMPL
Amendment 232 #

2023/0311(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) “parking conditions and facilities” means any parking space reserved for persons with disabilities or person(s) accompanying or assisting them including their personal assistant(s) in general as well as associated parking benefits for, or preferential conditions afforded to, persons with disabilities, such as free parking, reduced tariffs, reduced fees or user charges for toll roads/bridges/tunnels or extended parking spaces irrespective of whether provided on a voluntary basis or imposed by legal obligations.
2023/11/23
Committee: EMPL
Amendment 234 #

2023/0311(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f a (new)
(f a) “Reasonable accommodation” means necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights, fundamental freedoms and the rights provided under this Directive;
2023/11/23
Committee: EMPL
Amendment 264 #

2023/0311(COD)

Proposal for a directive
Article 5 – paragraph 3 – point a
(a) when special conditions or preferential treatment referred to in paragraph 1 of this Article include favourable conditions for person(s) accompanying or assisting them including personal assistant(s) or specific conditions for assistance animals, these favourable or specific conditions are granted on equal terms and conditions to the person(s) accompanying or assisting them, including personal assistant(s) or guide dogs or assistance animals of the holder of a European Disability Card;
2023/11/23
Committee: EMPL
Amendment 277 #

2023/0311(COD)

Proposal for a directive
Article 6 – paragraph 1
1. Each Member State shall introduce the European Disability Card following the common standardised and universally accessible format set out in Annex I. Member States shall introduce digital features in physical cards using electronic means addressing fraud- prevention as part of the European Disability Card, as soon as the requirements concerning the digital features referred to in Annex I, are laid down by the Commission in the technical specifications referred to in Article 8. The digital storage medium shall not contain more personal data than the data provided for the European Disability Card in Annex I.
2023/11/23
Committee: EMPL
Amendment 281 #

2023/0311(COD)

Proposal for a directive
Article 6 – paragraph 2
2. European Disability Cards issued by Member States shall be issues and renewed for free, be mutually recognised in all Member States and be compatible with national certificates or cards.
2023/11/23
Committee: EMPL
Amendment 342 #

2023/0311(COD)

Proposal for a directive
Article 7 – paragraph 7 a (new)
7 a. The Commission shall establish a publicly available Union database that contains relevant information related to the applicable parking conditions and facilities as defined at local, regional, or national level in each Member State. The database shall be available in all EU languages and the national sign languages of Member States as well as in accessible formats. Member States shall ensure public authorities upload this information to the database and update it where necessary.
2023/11/23
Committee: EMPL
Amendment 369 #

2023/0311(COD)

Proposal for a directive
Article 9 – paragraph 2 a (new)
2 a. Member States shall take appropriate measures to raise awareness among professionals in contact with the public, including in accessible ways, about the existence and rights conferred by the European Disability Card and the European Parking Card for persons with disabilities.
2023/11/23
Committee: EMPL
Amendment 417 #

2023/0311(COD)

Proposal for a directive
Article 15 – paragraph 1
1. Member States shall ensure that private operators or public authorities make information on any special conditions or preferential treatment pursuant to Article 5 publicly available in accessible formats clear, comprehensive, user-friendly and easily accessible way and in accessible formats. Member States shall establish a single dedicated website collating the special conditions or preferential treatment offered by their public authorities. Member States may also facilitate information concerning the special conditions or preferential treatment offered by private operators on the website where available. The website shall be in the official language(s) of the Member States, national sign language and English as well as any other relevant language(s) as determined by the Member State.
2023/11/10
Committee: EMPL
Amendment 421 #

2023/0311(COD)

Proposal for a directive
Article 15 – paragraph 2
2. Member States shall support and encourage private operators or public authorities to voluntarily provide special conditions or preferential treatment for persons with disabilities in as wide a range of services, other activities and facilities as possible. In particular Member States shall support and encourage private operators and public authorities through, inter alia, the provision of information and exchange of best practices on possible special conditions or preferential treatment to be offered and the provision of disability- mainstreaming and awareness training so as to ensure the relevance, effectiveness and inclusivity of any special conditions or preferential treatment offered. Member States shall ensure all such measures are carried out in partnership with persons with disabilities and their representative organisations.
2023/11/10
Committee: EMPL
Amendment 425 #

2023/0311(COD)

Proposal for a directive
Article 15 – paragraph 3
3. The information referred to in paragraph 1 of this article shall be made available free of charge in a clear, comprehensive, user-friendly and easily accessible way, including through the private operators or public authorities’ official website where available, or by other suitable means, in accordance with the relevant accessibility requirements for services set in Annex I of Directive (EU) 2019/882 without exceeding a level of complexity superior to level B1 (intermediate) of the Council of Europe’s Common European Framework of Reference for Languages, including in the national sign language(s).
2023/11/10
Committee: EMPL
Amendment 432 #

2023/0311(COD)

Proposal for a directive
Article 16 – paragraph 2
2. The report shall address, inter alia, in the light of social, economic and other relevant developments the use of the European Disability Card and European Parking Card for persons with disabilities with a view to assessing the need to review this Directive. The report shall include a gender equality analysis of how the provisions of this Directive have impacted the free movement of women and girls with disabilities. The report shall also evaluate the effectiveness of the incentivizing measures provided by Member States to service providers.
2023/11/10
Committee: EMPL
Amendment 451 #

2023/0311(COD)

Proposal for a directive
Annex I – paragraph 2
BACK SIDE National information in the national language or national languages to be decided by the issuing Member State. Member States shall provide the option to persons with disabilities, when applying for the card to the relevant authorities, to display relevant symbol(s) on the card in order to indicate their required reasonable accommodation.
2023/11/10
Committee: EMPL
Amendment 88 #

2023/0250(COD)

Proposal for a directive
Recital 4
(4) In order to ensure comprehensive channels of communication taking into account the complexity of victims’ needs in relation to their right to access information, all victims, independently of where in the EU and in what circumstances the crime took place, should be able to access victims’ helplines by using the EU- wide 116 006 telephone number or by connecting to the dedicated websites. Under such helplines, victims should be able to receive the information about their rights, emotional support and be referred to the police or other services, including other specialised helplines – if needed. Such helplines should also refer victims to other specialised helplines, referred to in Commission Decision 2007/116/EC56 , such as the harmonised number related to child helpline “116 111”, missing children “116 000” and gender-based violence “116 116”. The staff working on such helplines should be trained to work with victims and survivors in a victim-sensitive manner to ensure the quality and consistency of the service. _________________ 56 Commission Decision 2007/116/EC of 15 February 2007 on reserving the national numbering range beginning with 116 for harmonised numbers for harmonised services of social value (OJ L 049 17.2.2007, p. 30).
2023/12/18
Committee: LIBEFEMM
Amendment 97 #

2023/0250(COD)

Proposal for a directive
Recital 6
(6) Crime reporting in the Union should be improved to fight impunity, avoid repeated victimisation and ensure safer societies. It is necessary to fight public insensitivity towards crime, by encouraging people who witness the crime to report crimes and assist victims and by creating safer environments for victims to report crime. For victims who are irregular migrants in the Union, safe environment to report crime means reducing fear of return procedures being launched as a result of contacts with law enforcement authorities. The personal data of victims who are irregular migrants in the Union should not be transferred to the competent migration authorities at least until the completion of the first individual assessment as referred to in Article 22 of Directive 2012/29/EU. Reporting the crime and participating in criminal proceeding under Directive 2012/29/EU do not create any rights regarding the residence status of the victim, neither have any suspensive effect when determining their residence status. Third-party reporting should be offered as an option to victims in an effort to diversify reporting mechanisms at EU level, as it can also help address some of the reasons for underreporting of crimes in the European Union. All vulnerable victims, such as child victims or victims in detention, who are in a situation of intimidation, or are otherwise dependent from the offender or whose mobility is limited should be able to report crime in conditions that take into account their particular situation and in line with protocols specifically set up for this purpose.
2023/12/18
Committee: LIBEFEMM
Amendment 101 #

2023/0250(COD)

Proposal for a directive
Recital 7
(7) Targeted and integrated support services should be available to a broad range of victims with specific needs. Such victims may include not only victims of sexual violence, victims of gender-based violence and victims of domestic violence, but also victims of trafficking in human beings, victims of organised crimes, victims with disabilities, victims of exploitation, victims of hate crime, victims of terrorism or victims of core international crimes. Ensuring referral and access to sexual and reproductive healthcare services, including emergency contraception, post-exposure prophylaxis testing for sexually transmitted infections and access to abortion care, should be part of the targeted and integrated support services for these victims. In response to the shortcomings identified in the evaluation, Member States should set up specific protocols that will organise the actions of specialist support services to comprehensively address the multiple needs of victims with specific needs. Such protocols should be set up in coordination and cooperation between law enforcement, prosecution authorities, judges, detention authorities, restorative justice services and victim support services.
2023/12/18
Committee: LIBEFEMM
Amendment 118 #

2023/0250(COD)

Proposal for a directive
Recital 8
(8) To avoid serious consequences of victimisation in early age, that may negatively affect entire victims’ life, it is crucial to ensure that all child victims receive the highest standard of support and protection. Most vulnerable child victims, including child victims of sexual abuse, child victims of trafficking in human beings, children without parental care, and child victims who have otherwise been particularly affected by the crime due to the gravity of crime or to their particular circumstances should benefit from the targeted and integrated support and protection services that includes coordinated and cooperated approach of judicial and social services within the same premises. Such services should be provided in a dedicated space. To ensure that the child victim is effectively protected in cases where a crime involves the holder of parental responsibility, or there is a conflict of interest between the child and the holder of parental responsibility, a provision has been added to ensure that in cases such as reporting of a crime, medical or forensic interviews, referral to support services or psychological support, among others, these acts should not be conditional upon the consent of the holder of parental responsibility, always taking into account the best interests of the child.
2023/12/18
Committee: LIBEFEMM
Amendment 213 #

2023/0250(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 2
Directive 2012/29/EU
Article 5a – paragraph 2b (new)
2b. Member States shall take the necessary measures to ensure the possibility of third-party reporting mechanism
2024/01/08
Committee: LIBEFEMM
Amendment 24 #

2023/0155(COD)

Proposal for a regulation
Recital 6
(6) More flexible rules in the scheduling and distribution of the breaks and rest periods of drivers engaged in occasional road passenger transport services should in no wayallow drivers to better organise their working time, notably during periods of peak travel demand. In no way should it jeopardise the safety of drivers, or road safety, increase the level of fatigue or stress of drivers or lead to a deterioration in working conditions. Such flexibility should therefore not alter the current rules on the total minimum breaks, on maximum driving periods per day and per week and on the maximum fortnightly driving time.
2023/09/21
Committee: EMPL
Amendment 2 #

2022/2026(INI)

Motion for a resolution
Citation 2
— having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 3, 6, 14, 15, 21, 24, 26, 34, 35, 40, 41 and 47 thereof,
2022/09/07
Committee: LIBE
Amendment 3 #

2022/2026(INI)

Draft opinion
Citation 4 a (new)
— having regard to the UN's 2030 agenda and SDGs, in particular Goals 1, 8 and 10,
2022/06/28
Committee: EMPL
Amendment 11 #

2022/2026(INI)

— having regard to the report “Real rights of persons with disabilities to vote in European Parliament elections” of the European Economic and Social Committee of 20191a, _________________ 1a https://www.eesc.europa.eu/sites/default/fi les/files/qe-02-19-153-en-n.pdf
2022/09/07
Committee: LIBE
Amendment 12 #

2022/2026(INI)

Motion for a resolution
Citation 12 a (new)
— having regard to the General comment No. 5 (2017) on living independently and being included in the community by the Committee on the Rights of Persons with Disabilities,1b _________________ 1b http://docstore.ohchr.org/SelfServices/Fil esHandler.ashx?enc=6QkG1d%2FPPRiC AqhKb7yhsnbHatvuFkZ%2Bt93Y3D%2B aa2q6qfzOy0vc9Qie3KjjeH3GA0srJgyP8I RbCjW%2FiSqmYQHwGkfikC7stLHM9Y x54L8veT5tSkEU6ZD3ZYxFwEgh
2022/09/07
Committee: LIBE
Amendment 15 #

2022/2026(INI)

Motion for a resolution
Citation 18 a (new)
— having regard to the Commission Communication on the 'Digitalisation of justice in the European Union - A toolbox of opportunities' SWD(2020) 5401c, _________________ 1c https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:5202 0SC0540&from=EN
2022/09/07
Committee: LIBE
Amendment 16 #

2022/2026(INI)

Motion for a resolution
Citation 19 a (new)
— having regard to the Directive (EU) 2018/1808 of the European Parliament and of the Council of 14 November 2018 amending Directive 2010/13/EU 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) in view of changing market realities1d, _________________ 1d https://eur- lex.europa.eu/eli/dir/2018/1808/oj
2022/09/07
Committee: LIBE
Amendment 17 #

2022/2026(INI)

Motion for a resolution
Citation 19 b (new)
— having regard to the Commission recommendation (EU) 2019/786 of 8 May 2019 on building renovation1e, _________________ 1e https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:3201 9H0786&from=GA
2022/09/07
Committee: LIBE
Amendment 21 #

2022/2026(INI)

Motion for a resolution
Citation 26 a (new)
— having regard to the Council conclusions of 5 December 2019 on inclusive labour markets: Improving the employment of people in a vulnerable position in the labour market1f, _________________ 1f https://data.consilium.europa.eu/doc/docu ment/ST-14646-2019-INIT/en/pdf
2022/09/07
Committee: LIBE
Amendment 28 #

2022/2026(INI)

Motion for a resolution
Citation 41 a (new)
— having regard to its resolution 2022/2618(RSP)) adopted on 7 April 20221g, _________________ 1g https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0120_EN.html
2022/09/07
Committee: LIBE
Amendment 29 #

2022/2026(INI)

Draft opinion
Citation 14 a (new)
— having regard to Eurofound's publication (2021) Disability and labour market integration: Policy trends and support in EU Member States,
2022/06/28
Committee: EMPL
Amendment 29 #

2022/2026(INI)

Motion for a resolution
Citation 41 b (new)
— having regard to the mission conducted by the ad hoc delegation of the European Parliament to the Conference of state parties to the convention on the rights of persons with disabilities (COSP) between 14 - 16 June 2022 in New York on behalf of the Committee on Employment and Social Affairs, the Committee on Civil Liberties, Justice and Home Affairs and the Committee on Petitions,
2022/09/07
Committee: LIBE
Amendment 36 #

2022/2026(INI)

Draft opinion
Citation 14 b (new)
— having regard to Eurofound's publication (2022) People with disabilities and the COVID-19 pandemic: Findings from the Living, working andCOVID-19 e-survey,
2022/06/28
Committee: EMPL
Amendment 40 #

2022/2026(INI)

Draft opinion
Citation 14 c (new)
— having regard to Eurofound's publication (2018) The social and employment situation of people with disabilities,
2022/06/28
Committee: EMPL
Amendment 54 #

2022/2026(INI)

Motion for a resolution
Recital D a (new)
Da. whereas according to the European Disability Forum’s European Human Rights Report of 2022, a number of EU Member States automatically remove political rights of persons placed under total or partial guardianship; whereas this is in clear contradiction to article 39 and 40 of the Charter of the Fundamental Rights of the European Union1h; _________________ 1h https://www.edf- feph.org/content/uploads/2022/05/edf_hr_ report_issue_6_2022_compressed.pdf
2022/09/07
Committee: LIBE
Amendment 59 #

2022/2026(INI)

Motion for a resolution
Recital D b (new)
Db. whereas according to the EU's strategy for the rights of Persons with Disabilities 2021-2030, more than 1 million children and adults with disabilities below the age of 65 years old and more than 2 million aged 65 years and older live in institutions;
2022/09/07
Committee: LIBE
Amendment 64 #

2022/2026(INI)

Motion for a resolution
Recital D c (new)
Dc. whereas according to the EU's strategy for the rights of Persons with Disabilities 2021-2030, 50.8 % of persons with disabilities are in employment, as compared to 75 % without disabilities;
2022/09/07
Committee: LIBE
Amendment 66 #

2022/2026(INI)

Motion for a resolution
Recital D d (new)
Dd. whereas according to the EU's strategy for the rights of Persons with Disabilities 2021-2030, the evaluation of the Disability Strategy 2010-2020 “identified employment as one of the five top policy priorities for future actions.”;
2022/09/07
Committee: LIBE
Amendment 67 #

2022/2026(INI)

Draft opinion
Recital B a (new)
Ba. whereas between 70 and 90% of adults with autism are unemployed1a; _________________ 1a Autism-Europe’s presentation to the European Parliament’s Committee on Employment and Social Affairs on 5 November 2019, retrieved here: https://www.autismeurope.org/wp- content/uploads/2019/11/presentation_em ployment_autism_final2.pptx.pdf
2022/06/28
Committee: EMPL
Amendment 69 #

2022/2026(INI)

Draft opinion
Recital B b (new)
Bb. whereas the EU, its institutions and its Member States are party to the UNCRPD and are obliged to fully implement the fundamental rights therein, including Article 27 on work and employment; whereas the rights enshrined in the UNCRPD are far from a reality for millions of persons with disabilities in the EU;
2022/06/28
Committee: EMPL
Amendment 70 #

2022/2026(INI)

Motion for a resolution
Recital D e (new)
De. whereas according to the EU's strategy for the rights of Persons with Disabilities 2021-2030, approximately 87 million persons having some form of disability in the EU;
2022/09/07
Committee: LIBE
Amendment 72 #

2022/2026(INI)

Motion for a resolution
Recital D f (new)
Df. whereas only 22 out of the 27 Member States have signed and ratified the optional protocol of the Convention on the Rights of Persons with Disabilities1i; _________________ 1i https://ec.europa.eu/social/main.jsp?langI d=en&catId=1138
2022/09/07
Committee: LIBE
Amendment 74 #

2022/2026(INI)

Motion for a resolution
Recital D g (new)
Dg. whereas according to the report “Real rights of persons with disabilities to vote in European Parliament elections” of the European Economic and Social Committee of 2019, about 800 000 EU citizens from 16 Member States were, at the time of the production of the report, deprived of their right to cast their vote in the European Parliament elections due to a disability or mental health issues1j; _________________ 1j https://www.eesc.europa.eu/sites/default/fi les/files/qe-02-19-153-en-n.pdf
2022/09/07
Committee: LIBE
Amendment 76 #

2022/2026(INI)

Motion for a resolution
Recital D h (new)
Dh. whereas according to the report “Real rights of persons with disabilities to vote in European Parliament elections” of the European Economic and Social Committee of 2019, millions of EU citizens are also unable to cast their vote in European Parliament elections due to technical barriers or lack of proper organisational arrangements that fail to meet the needs resulting from one or several disabilities1k; _________________ 1k https://www.eesc.europa.eu/sites/default/fi les/files/qe-02-19-153-en-n.pdf
2022/09/07
Committee: LIBE
Amendment 77 #

2022/2026(INI)

Motion for a resolution
Recital D i (new)
Di. whereas according to its resolution 2022/2618(RSP)) adopted in April 2022, more than 100 000 children live in institutional care and boarding schools in Ukraine, and half of them have disabilities; whereas this points to a great need of the Union of providing those children who fled the war with extra support to accommodate their needs1m; _________________ 1m https://www.europarl.europa.eu/doceo/doc ument/TA-9-2022-0120_EN.html
2022/09/07
Committee: LIBE
Amendment 78 #

2022/2026(INI)

Motion for a resolution
Recital D j (new)
Dj. Whereas VET:s, as referred to in Council Recommendation (2020/C 417/01), can serve as a useful tool for labour market integration and social inclusion of persons with disabilities, particularly through apprenticeships1n; _________________ 1n https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32020 H1202%2801%29
2022/09/07
Committee: LIBE
Amendment 79 #

2022/2026(INI)

Draft opinion
Recital B c (new)
Bc. whereas Eurofound research shows that between 2011 and 2016 the gap in third-level education between persons with and without disabilities widened – from 7% to 9%;
2022/06/28
Committee: EMPL
Amendment 79 #

2022/2026(INI)

Motion for a resolution
Paragraph 1
1. Believes that the right to live independently and to be included in the community can only be guaranteed if alternatives to institutions are developed at EU and national levels; calls on the Commission and the Member States to phase out institutional care for persons with disabilities as soon as possible, as set out in General Comment no. 5 by the CRPD committee and to bring about a shift from institutional and other segregational settings to a system enabling social participation where services are provided in a community according to individual will and preference, including community-based care, as suggested by the European Commission in the European Disability Strategy 2010-20; emphasises that access to the labour market is essential to enable persons with disabilities to live an independent life and participate fully in society;
2022/09/07
Committee: LIBE
Amendment 81 #

2022/2026(INI)

Draft opinion
Recital B d (new)
Bd. whereas Eurofound research reveals that key obstacles to the employment of people with disabilities include disability-related stereotypes, bureaucratic difficulties in accessing available services, lack of strategic vision in governance, insufficient monitoring of policy implementation, limited training resources for employers and lack of specialist support;
2022/06/28
Committee: EMPL
Amendment 86 #

2022/2026(INI)

Draft opinion
Recital B e (new)
Be. whereas Eurofound research shows that entrepreneurship and self- employment support in the form of guidance, training and financial aid can provide opportunities for people with disabilities to be active in the open labour market, disincentivising their sole reliance on disability benefits, but emphasises that such support needs to be well targeted and adequately resourced;
2022/06/28
Committee: EMPL
Amendment 90 #

2022/2026(INI)

Draft opinion
Recital B f (new)
Bf. whereas Eurofound's research shows that during the pandemic on average 71% of respondents with disabilities were at risk of depression and 25% of respondents with disabilities indicated that they could not access mental healthcare, which was twice as high as compared to those without disabilities; whereas return-to-work plans are critical for workers suffering from mental ill-health;
2022/06/28
Committee: EMPL
Amendment 95 #

2022/2026(INI)

Draft opinion
Recital B g (new)
Bg. whereas Eurofound shows that lockdowns and restrictions of the COVID- 19 pandemic particularly affected young persons with disabilities aged 18 to 29, as 57% of respondents reported feeling lonely, 23% more than young people without disabilities;
2022/06/28
Committee: EMPL
Amendment 97 #

2022/2026(INI)

Motion for a resolution
Paragraph 2
2. Urges the Commission to improve its monitoring on the use of EU funds, including considering the suspension, withdrawal and recovery of payments if the obligation to respect fundamental rights is breached; stresses that segregational settings and small group homes, such as institutional homes, should not be financed with EU funds;
2022/09/07
Committee: LIBE
Amendment 106 #

2022/2026(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on those EU Member States who have not yet signed and ratified the optional protocol of the Convention on the rights of persons with disabilities to do so;
2022/09/07
Committee: LIBE
Amendment 121 #

2022/2026(INI)

Motion for a resolution
Paragraph 6
6. Exhorts the Commission and the Member States to raise awareness and carry out clearly structured consultations with the participation and involvement of the peoplersons directly affected in order to acquire a real understanding of disabilities at all levels of society;
2022/09/07
Committee: LIBE
Amendment 125 #

2022/2026(INI)

Draft opinion
Paragraph 1 a (new)
1a. Calls on the Commission and Member States to fully implement and mainstream the UNCRPD across all legislative, policy and funding measures, in particular as regards persons with disabilities’ social and labour market inclusion; calls for the EU and the Member States to ratify the Optional Protocol to the UNCRPD;
2022/06/28
Committee: EMPL
Amendment 133 #

2022/2026(INI)

Draft opinion
Paragraph 1 b (new)
1b. Calls on the Commission to conduct a cross-cutting, comprehensive review, and where necessary revise, all relevant EU legislation with a view to ensuring its full CRPD compliance in particular as regards accessibility of the built and digital environment and reasonable accommodation in employment;
2022/06/28
Committee: EMPL
Amendment 133 #

2022/2026(INI)

Motion for a resolution
Paragraph 7
7. Denounces the fact that some groups of persons with disabilities are at greater risk of being the victim of any kind of violence, such as women and girls, children, elderly peoplersons, homeless peoplersons, detainees, migrants and refugees, Roma people and LGBTIQ+ peoplersons; calls on the Commission and the Member States to address the specific challenges, rights and needs of these peoplersons through specialised measures to ensure access to victim support services and protection and to remove barriers to reporting violence;
2022/09/07
Committee: LIBE
Amendment 135 #

2022/2026(INI)

Draft opinion
Paragraph 1 c (new)
1c. Calls on the Council, in particular its upcoming Presidencies, to unblock negotiations on the horizontal anti- discrimination directive as it is a prerequisite to achieving equality in the EU;
2022/06/28
Committee: EMPL
Amendment 136 #

2022/2026(INI)

Draft opinion
Paragraph 1 d (new)
1d. Stresses the importance of involving persons with disabilities and their representative organisations in the development and implementation of all measures effecting them; stresses the importance of mainstreaming disability considerations in the workplace and the role of social dialogue and trainings for employers in this regard;
2022/06/28
Committee: EMPL
Amendment 148 #

2022/2026(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses that persons with disabilities should enjoy their right to free movement in the EU on an equal basis with others and calls for a harmonised definition of disability to facilitate their education, training and employment opportunities across borders; calls on Member States to facilitate persons with disabilities’ export of their disability benefits and entitlements, including support services where relevant, to further foster this right; calls on the Commission and Member States to deliver on their commitments under the EU Disability Strategy, in particular the promised European Disability Card ensuring disability status is recognised in all Member States as soon as possible;
2022/06/28
Committee: EMPL
Amendment 151 #

2022/2026(INI)

Draft opinion
Paragraph 2 a (new)
2a. Recalls that Article19 of the CRPD provides for the equal right of persons with disabilities to live independently and be included in the community; urges Member State, with the support of the Commission, to accelerate the deinstitutionalisation process and foster the transition to community-based care and support; stresses that EU funds should be used to promote inclusivity and accessibility and should be immediately discontinued where they support the institutionalisation of persons with disabilities;
2022/06/28
Committee: EMPL
Amendment 153 #

2022/2026(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on the Commission to set up a programme for financing the coverage of judicial proceedings related to court trials where governments of the Member States stand accused of discrimination of persons with disabilities; suggests that said financing should be taken from the existing financial framework of the ESF+ fund;
2022/09/07
Committee: LIBE
Amendment 157 #

2022/2026(INI)

Draft opinion
Paragraph 2 b (new)
2b. Recalls that persons with disabilities often work in sheltered employment; believes that such workshops should aim to foster skills development and support transitions to the open labour market; insists that persons with disabilities working in such environments should be protected by existing legal frameworks covering social protection and working conditions including minimum wage protection on an equal basis with others in line with Article 27 of the CRPD;
2022/06/28
Committee: EMPL
Amendment 167 #

2022/2026(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Deplores the fact that according to the 2019 report “Real rights of persons with disabilities to vote in European Parliament elections” of the European Economic and Social Committee, about 800 000 EU-citizens were unable to use their right to vote in the EU-elections; calls upon the European Parliament, the Council of the EU and the Commission to amend the electoral law of the elections to the European Parliament in a way that obliges all Member States to adapt voting stations to accommodate the needs of people with disabilities in order to render them fully able to cast their vote in the European Parliament elections;
2022/09/07
Committee: LIBE
Amendment 169 #

2022/2026(INI)

Draft opinion
Paragraph 3
3. Notes that teleworking could help increase the employment of persons with disabilities as a form of disability accommodation and a tool to achieve greater work-life balance and reduce pain- and fatigue-related barriers to the labour market; cautions, however, against the use of teleworking by employers to avoid making reasonable accommodations or creating inclusive workplace cultures for workers with disabilities11 ; highlights that future telework policies should be developed with a disability rights perspective and involve persons with disabilities in their design; _________________ 11 Schur, L.A., Ameri, M. & Kruse, D. ‘Telework After COVID: A ‘Silver Lining’ for Workers with Disabilities?’, J Occup Rehabil 30, pp. 521–536, 6 November 2020. https://doi.org/10.1007/s10926-020- 09936-5
2022/06/28
Committee: EMPL
Amendment 170 #

2022/2026(INI)

Motion for a resolution
Paragraph 11 b (new)
11b. Calls on the designated electoral authorities of the Member States to collect data on the accessibility of voting stations, including indications of whether they are adapted or not to accommodate the needs of people with disabilities and to report this to the Commission, the Council and the European Parliament at latest one year after an election to the European Parliament has been held;
2022/09/07
Committee: LIBE
Amendment 171 #

2022/2026(INI)

Motion for a resolution
Subheading 6
The need for an implementation plan for disability-inclusive disastercrisis risk management at EU level
2022/09/07
Committee: LIBE
Amendment 172 #

2022/2026(INI)

Motion for a resolution
Paragraph 12
12. Calls on the Commission to strengthen the participation of persons with disabilities and their representative organisations in the decision-making process for the design, management, resourcing and implementation of policies and programmes on disaster risk reduction; calls for the mainstreaming of the perspectives of persons with disabilities into the Union’s crisis management response;
2022/09/07
Committee: LIBE
Amendment 181 #

2022/2026(INI)

Motion for a resolution
Paragraph 15
15. Strongly believes that the EU Disability Card should be based on binding EU legislationpresented as a directive providing minimum requirements for accessibility of persons with disabilities and should cover a range of different areas beyond culture, leisure and sport; stresses that the Disability Card should also, by default, covebe usable for national, regional and local public transport, have a dedicated EU website and online database available in all EU languages, and be supported by an EU funding instrument that ensures continuity and a lasting legacy beyond the initial launchofficial EU languages, calls on the management of the implementation of the EU disability card to be funded within the current financial framework of the ESF+ fund;
2022/09/07
Committee: LIBE
Amendment 185 #

2022/2026(INI)

Draft opinion
Paragraph 4
4. ECalls on Member States to provide tailored support for people with disabilities as regards access to skills development, VET and employment to ensure inclusive active labour market policies; encourages public employment services to roll out personalised measures to improve the employability and retention of persons with disabilities in the labour market; calls on Member States to provide guidance, training and financial aid to support entrepreneurship and self- employment for persons with disabilities.;
2022/06/28
Committee: EMPL
Amendment 186 #

2022/2026(INI)

Motion for a resolution
Paragraph 16
16. Calls on the Commission to take measures to facilitate access to and the enjoyment of inclusive, quality education for all students with disabilities in line with the CRPD and include disability-specific indicators from the Europe 2020 strategy when pursuing the education target; emphasises the importance of ensuring equal access to education in class rooms for pupils and students, regardless of whether they have a disability or not;
2022/09/07
Committee: LIBE
Amendment 199 #

2022/2026(INI)

Draft opinion
Paragraph 4 a (new)
4a. Emphasises the need to protect persons with disabilities from discrimination by the use of artificial intelligence in recruitment, selection, promotion and termination decisions in employment;
2022/06/28
Committee: EMPL
Amendment 203 #

2022/2026(INI)

Draft opinion
Paragraph 4 b (new)
4b. Underlines the historical role the social economy has played in the employment of persons with disabilities; notes that social economy entities tend to provide a more equitable distribution of income for workers with disabilities than those entities outside the social economy2a; calls on Member States to set up incentives to encourage persons with disabilities to create social economy entities and to initiate income-generating activities; _________________ 2a Calderón-Milán, M.-J.; Calderón- Milán, B.; Barba-Sánchez, V. Labour Inclusion of People with Disabilities: What Role Do the Social and Solidarity Economy Entities Play? Sustainability 2020, 12, 1079. https://doi.org/10.3390/su12031079
2022/06/28
Committee: EMPL
Amendment 215 #

2022/2026(INI)

Draft opinion
Paragraph 4 c (new)
4c. Calls on the Commission to assess thoroughly the employment and pay gap rate of persons with disabilities in different types of employment, including sheltered employment, by providing data disaggregated by gender and impairment and ensure qualitative analysis;
2022/06/28
Committee: EMPL
Amendment 218 #

2022/2026(INI)

Draft opinion
Paragraph 4 d (new)
4d. Calls on Member States to support on-the-job training and mentoring in the workplace for persons with disabilities; stresses that measures to improve persons with disabilities’ inclusion and employment will not be truly effective without also tackling disability-related stereotypes and stigma in the workplace and wider society; in this regard stresses the importance of awareness raising and training for educators, employers and colleagues as well as the general public to tackle ableism, shift mindsets and ensure truly inclusive societies;
2022/06/28
Committee: EMPL
Amendment 15 #

2022/0806(NLE)

Draft legislative resolution
Recital A
A. whereas a fully functioning Schengen area and its enlargement to include the Schengen candidate countries remain key for further political, economic and social integration, fostering cohesion and bridging gaps between countries and regions, and a prerequisite for safeguarding the principle of freedom of movement whilst increasing security in the EU as a whole; whereas the Schengen area is one of the greatest achievements of the European Union; whereas this has been made possible through the creation of 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;
2022/10/14
Committee: LIBE
Amendment 34 #

2022/0806(NLE)

Draft legislative resolution
Recital D a (new)
Da. whereas there remain strong concerns regarding the fundamental rights situation at the external borders of Croatia; whereas there have been numerous well-documented reports and allegations of systematic pushbacks and violence towards migrants crossing into Croatia; whereas these practices are still ongoing;
2022/10/14
Committee: LIBE
Amendment 36 #

2022/0806(NLE)

Draft legislative resolution
Recital D b (new)
Db. whereas a border monitoring mechanism was set up in Croatia in July 2021 in response to these reports and allegations, whose mandate has recently ended after twelve months; whereas there have been serious doubts expressed about the financial and operational independence of the mechanism as well as its effectiveness, as it did not trigger any serious investigations into the complaints filed; whereas its mandate was widely considered to be too limited in scope;
2022/10/14
Committee: LIBE
Amendment 38 #

2022/0806(NLE)

Draft legislative resolution
Recital D c (new)
Dc. whereas the European Commission proposed to set up a fundamental rights monitoring mechanism in its New Pact for Migration and Asylum, which should be extended to all asylum and return procedures as well as to border surveillance and border crossings; whereas this mechanism should provide for a continuous monitoring and possible investigation of the situation at the external borders of Croatia;
2022/10/14
Committee: LIBE
Amendment 40 #

2022/0806(NLE)

Draft legislative resolution
Recital D d (new)
Dd. whereas the European Parliament shall remain informed about the progress of the fundamental rights situation at the external borders of Croatia, in form of an annual reporting back to the Parliament by the Croatian Ministry of the Interior and the European Commission;
2022/10/14
Committee: LIBE
Amendment 46 #

2022/0426(COD)

Proposal for a directive
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender perspectivand disability perspective, as well as the perspective of the best interest of the child, as set out in the 1989 United Nations Convention on the Rights of the Child. This includes both preventive measures, as well as protective and supportive ones for child victims of trafficking, in particular for unaccompanied children and children deprived of parental care. _________________ 28 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p. 1–11.
2023/07/07
Committee: LIBEFEMM
Amendment 47 #

2022/0426(COD)

Proposal for a directive
Recital 2
(2) Directive 2011/36/EU of the European Parliament and the Council28 constitutes the main Union legal instrument on preventing and combating trafficking in human beings and protecting the victims of this crime. That Directive sets out a comprehensive framework to address trafficking in human beings by establishing minimum rules concerning the definition of criminal offences and sanctions. It also includes common provisions to strengthen prevention and protection of victims, taking into account the gender perspectivand disability perspective, as well as the perspective of the best interest of the child, as set out in the 1989 United Nations Convention on the Rights of the Child. This includes both preventive measures, as well as protective and supportive ones for child victims of trafficking, in particular for unaccompanied children and children deprived of parental care. _________________ 28 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA, OJ L 101, 15.4.2011, p. 1–11.
2023/07/07
Committee: LIBEFEMM
Amendment 57 #

2022/0426(COD)

Proposal for a directive
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and institution-related trafficking in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. In addition, according to Europol, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings1b. Often, these children are exploited by forcing them into committing criminal activities. To this end, the trafficking of children into committing criminal activities should also be included in the forms of exploitation explicitly listed in the Directive. _________________ 1b https://www.europol.europa.eu/media- press/newsroom/news/fighting-child- trafficking-main-priority-for-eu-law- enforcement
2023/07/07
Committee: LIBEFEMM
Amendment 58 #

2022/0426(COD)

Proposal for a directive
Recital 4
(4) In order to tackle the steady increase of the number and relevance of offences concerning trafficking in human beings committed for purposes other than sexual or labour exploitation, it is necessary to include forced marriage and, illegal adoption and institution-related trafficking in the forms of exploitations explicitly listed in the Directive and to ensure that the Member States address within their national legal systems the widest range of forms of exploitation, insofar as these fulfil the constitutive elements of trafficking in human beings. In addition, according to Europol, children are considered to be one of the most vulnerable groups targeted by organised criminal groups involved in trafficking of human beings1a. Often, these children are exploited by forcing them into committing criminal activities. To this end, the trafficking of children into committing criminal activities should also be included in the forms of exploitation explicitly listed in the Directive. _________________ 1a https://www.europol.europa.eu/media- press/newsroom/news/fighting-child- trafficking-main-priority-for-eu-law- enforcement
2023/07/07
Committee: LIBEFEMM
Amendment 64 #

2022/0426(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Institution-related trafficking refers to when children are exploited by placing, keeping and accommodating them in institutional care settings against their will, with the purpose to profit from the exploitation of the children. The entity or entities performing the trafficking convert the institutions into profitable activities by setting up structures where they receive funds from governments of the Member State they are settled in or from others, as well as donors from third countries, to finance the operations of the institutions1a. Considering that where the purpose of involuntarily placing children in institutions is to enable gainful financial activities stemming from this exploitation, and that the funding of institutions originates from multiple sources, often located outside the Member State where the institutions are settled, trafficking of children into institutions should also be added as a form of exploitation explicitly listed in the Directive, as it has a clear cross-border element. _________________ 1a https://lumos.contentfiles.net/media/docu ments/document/2021/12/LUMOS_Cycles _of_exploitation.pdf
2023/07/07
Committee: LIBEFEMM
Amendment 65 #

2022/0426(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Institution-related trafficking refers to when children are exploited by placing, keeping and accommodating them in institutional care settings against their will, with the purpose to profit from the exploitation of the children. The entity or entities performing the trafficking convert the institutions into profitable activities by setting up structures where they receive funds from governments of the Member State they are settled in or from others, as well as donors from third countries, to finance the operations of the institutions1a. Considering that where the purpose of involuntarily placing children in institutions is to enable gainful financial activities stemming from this exploitation, and that the funding of institutions originates from multiple sources, often located outside the Member State where the institutions is settled, trafficking of children into institutions should also be added as a form of exploitation explicitly listed in the Directive, as it has a clear cross-border element. _________________ 1a https://lumos.contentfiles.net/media/docu ments/document/2021/12/LUMOS_Cycles _of_exploitation.pdf p. 7, 49, 80
2023/07/07
Committee: LIBEFEMM
Amendment 78 #

2022/0426(COD)

(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. When dealing with child victims, particularly girls, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
2023/07/07
Committee: LIBEFEMM
Amendment 79 #

2022/0426(COD)

Proposal for a directive
Recital 8
(8) In order to enhance the national capability to identify victims at an early stage, and to refer them to the appropriate protection, assistance and support services, it is necessary to establish by laws, regulations or administrative provisions National Referral Mechanisms in the Member States. Establishing formal national referral mechanisms and appointing national focal points for the referral of victims are essential measures to enhance cross-border cooperation. When dealing with child victims, the mechanisms should provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
2023/07/07
Committee: LIBEFEMM
Amendment 84 #

2022/0426(COD)

Proposal for a directive
Recital 8 a (new)
(8a) Refugees, asylum seekers, displaced persons and stateless persons are widely noted to be vulnerable to exploitation. Lack of income and material deprivation, isolation from family and other social support and lack of status are risk factors to become a victim of human trafficking. It is therefore crucial to ensure that these persons have adequate access to apply for asylum and are protected by the principle of non- refoulement.
2023/07/07
Committee: LIBEFEMM
Amendment 91 #

2022/0426(COD)

Proposal for a directive
Recital 9
(9) In order to further reinforce and harmonise the criminal justice efforts on demand reduction across Member States, it is important to criminalise the use of services which are the objects of exploitation with the knowledge that the person is a victim of an offence concerning trafficking in human beings. Establishing this as a criminal offence is part of a comprehensive approach to demand reduction, which aims to tackle the high levels of demand that fosters all forms of exploitation. However, considering that crimes of trafficking vary to a great extent, the provisions on the criminalisation of these crimes should also be adapted and differentiated accordingly. In particular, criminalising the purchase of sexual services which are the objects of exploitation with the knowledge that the person is a victim of an offence defined as an exploitation in Article 2 of this Directive would not achieve one of the main purposes of this Directive, namely to reduce demand. Considering that prostitution should be seen as an exploitation regardless of the circumstances under which the sexual service was provided to the person purchasing it, it is necessary to differentiate between the purchase of such services and the purchase of other services that are the objects of an exploitation with the knowledge that the person is a victim of trafficking.
2023/07/07
Committee: LIBEFEMM
Amendment 97 #

2022/0426(COD)

Proposal for a directive
Recital 9 a (new)
(9a) To the same end, exploitation through the removal of human organs from a living or deceased donor, in exchange for any type of remuneration or a non-financial nature, as well as exploitation through the use of services which derive from slavery, servitude or practices similar to slavery, should also be differentiated. Considering that the World Health Organisation has adopted the WHA63.221a resolution at the Sixty-Third World Health Assembly where it states its opposition to “the seeking of financial gain or comparable advantage in transactions involving human body parts, organ trafficking and transplant tourism”, removing and purchasing human organs from a living or a deceased donor should be criminalised, regardless of whether the person purchasing the organs removed from the victim has or does not have knowledge that the person is a victim of trafficking. This should also apply to the use of services deriving from slavery, servitude or practices similar to slavery, considering the very nature of this exploitation being exploitative regardless of whether the person using the services arising from the slavery has knowledge that the provider of the services is exploited under these conditions. _________________ 1a https://apps.who.int/iris/bitstream/handle/ 10665/3096/A63_R22- en.pdf?sequence=1&isAllowed=y
2023/07/07
Committee: LIBEFEMM
Amendment 98 #

2022/0426(COD)

Proposal for a directive
Recital 9 a (new)
(9a) Persons with any type of disability are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
2023/07/07
Committee: LIBEFEMM
Amendment 102 #

2022/0426(COD)

Proposal for a directive
Recital 9 b (new)
(9b) However, for other types of exploitation of victims of trafficking as set out in this Directive and not already mentioned in Recital 9 or 9a of this Directive, a person should only be liable of a criminal offence if they purchase services which are the objects of exploitation with knowledge that the person is a victim of trafficking.
2023/07/07
Committee: LIBEFEMM
Amendment 103 #

2022/0426(COD)

Proposal for a directive
Recital 9 c (new)
(9c) Persons with any type of disability, in particular girls with disabilities, are at an increased risk of becoming victims of trafficking. Perpetrators may view and target them in particular due to their increased vulnerability and the barriers they face in accessing justice. Considering that the Member States of the European Union are parties to the United Nations’ Convention on the rights of Persons with Disabilities, they should take extra consideration when providing support measures to victims of trafficking with disabilities, and that civil servants have received adequate training to assist the victims in a disability-friendly manner. Legal processes should also be adapted to meet the needs of victims of trafficking with disabilities, to ensure they can participate equally in the processes.
2023/07/07
Committee: LIBEFEMM
Amendment 126 #

2022/0426(COD)

Proposal for a directive
Recital 12
(12) The Directive respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the respect and protection of human dignity, the prohibition of slavery, forced labour and trafficking in human beings, the right to the integrity of the person, the prohibition of torture and inhuman or degrading treatment or punishment, the right to liberty and security, the protection of personal data, the freedom of expression and information, the freedom to choose an occupation and right to engage in work, thegender equality between women and men, the rights of the child, the rights of persons with disabilities, and the prohibition of child labour, the right to an effective remedy and to a fair trial, the principles of legality and proportionality of criminal offences and penalties. In particular, this Directive seeks to ensure full respect for these rights and principles, which are to be implemented accordingly.
2023/07/07
Committee: LIBEFEMM
Amendment 129 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption” is added at the end of the paragraph or trafficking of children into institutions” is added at the end of the paragraph, and "including exploitation of children to commit or participate in criminal activities" is added after "or the exploitation of criminal activities".
2023/07/07
Committee: LIBEFEMM
Amendment 130 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 1
Directive 2011/36/EU
Article 2 – paragraph 3
(1) in Article 2, paragraph 3, “or forced marriage, or illegal adoption” is added at the end of the paragraph or trafficking of children into institutions” is added at the end of the paragraph, and "including exploitation of children to commit or participate in criminal activities" is added after "or the exploitation of criminal activities".
2023/07/07
Committee: LIBEFEMM
Amendment 168 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Directive 2011/36/EU
Article 8
(3a) Article 8 is replaced by the following: Non-prosecution or non-application of penalties to the victim 1. Member States shall, in accordance with the basic principles of their legal systems, take the necessary measures to ensure that victims of human trafficking are not detained, charged, prosecuted or imposed fines upon for the illegality of their entry into or residence in Member States of transit or destination or other breaches of immigration law, or for their involvement in unlawful activities to the extent that such involvement is a direct consequence of being subjected to any of the acts referred to in Article 2. 2. Member States shall ensure that procedures and processes are in place for receipt and consideration of asylum claims from victims of human trafficking and that the principle of non-refoulement is respected and upheld at all times, regardless of the illegality of entry into or residence in Member States of transit or destination or other breaches of immigration law and regardless of the status of the person, such as undocumented or stateless.
2023/07/07
Committee: LIBEFEMM
Amendment 190 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
4. In Article 11, paragraph 4 is replaced by the following: Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. In addition, when dealing with child victims, in particular, girls, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive.
2023/07/07
Committee: LIBEFEMM
Amendment 193 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 paragraph 4
4. Member States shall take the necessary measures to establish by laws, regulations or administrative provisions, national referral mechanisms aimed at the early identification of, assistance to, and support for victims, in cooperation with relevant support organisations, and to appoint a national focal point for the referral of victims. In cases involving children and child victims, the referral mechanisms shall provide support in a manner that is particularly adapted to their vulnerability, as set out in the context of this Directive
2023/07/07
Committee: LIBEFEMM
Amendment 196 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 4
Directive 2011/36/EU
Article 11 – paragraph 4 a (new)
4a. In Article 11, the following paragraph is inserted: “4a. Member States shall take the necessary measures to ensure identification and referral of victims of human trafficking by relevant State authorities and officials such as police, border guards, immigration officials and others involved in the detection, detention, reception and processing of irregular migrants, refugees. asylum seekers, displaced persons and stateless persons, to permit the rapid and accurate identification of victims of human trafficking.
2023/07/07
Committee: LIBEFEMM
Amendment 246 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerning trafficking in human beingsrelated to the purchase of sexual services, the purchase of human organs, the purchase of services which derive from slavery
2023/07/07
Committee: LIBEFEMM
Amendment 249 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18 – paragraph 1
1. In order to make the preventing and combating of trafficking in human beings more effective by discouraging demand, Member States shall take the necessary measures to establish as a criminal offence the use of services which are the objects of exploitation as referred to in Article 2, with the knowledge that the person is a victim of an offence referred to in Article 2.the following as criminal offences;
2023/07/07
Committee: LIBEFEMM
Amendment 254 #

2022/0426(COD)

1a. Exploitation through the purchase of sexual services, as set out in Article 2 of this Directive. This includes soliciting, accepting or obtaining any sexual relation from a person in prostitution, in exchange for immediate or a promise of remuneration or any type of remuneration that is not of a financial nature, or the promise of such a remuneration;
2023/07/07
Committee: LIBEFEMM
Amendment 257 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
1b. Exploitation through the removal of human organs from a living or deceased donor, in exchange for a remuneration or any type of remuneration that is not of a financial nature, to the living donor or a third party, as set out in Article 2 of this Directive;
2023/07/07
Committee: LIBEFEMM
Amendment 258 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
1c. Exploitation through the purchase of services which derive from slavery, servitude or practices similar to slavery, as set out in Article 2 of this Directive;
2023/07/07
Committee: LIBEFEMM
Amendment 259 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
1d. Offences concerning the use of services which are the object of exploitation with knowledge that the person is a victim of an offence concerning trafficking in human beings
2023/07/07
Committee: LIBEFEMM
Amendment 260 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
1e. The purchase of services which are the objects of exploitation with knowledge that the person is a victim of trafficking as related to any type of exploitation referred to in Article 2, except for the provisions set out in subparagraph (a), (b) and (c) of this Article;
2023/07/07
Committee: LIBEFEMM
Amendment 261 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 6
Directive 2011/36/EU
Article 18
2. Member States shall take the necessary measures to ensure that an offence as established in accordance with paragraph 1 is(a), (b), (c), and (e) are punishable by effective, proportionate and dissuasive penalties and sanctions.
2023/07/07
Committee: LIBEFEMM
Amendment 278 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
(a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship, and form of exploitation and, if applicable, disability and other relevant vulnerabilities;
2023/07/07
Committee: LIBEFEMM
Amendment 279 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point a
(a) the number of registered victims of offences referred to in Article 2, disaggregated by registering organisation, sex, age groups (child/adult), if the victim was an unaccompanied minor, citizenship, and form of exploitation and, if applicable, disability and other relevant vulnerabilities;
2023/07/07
Committee: LIBEFEMM
Amendment 289 #

2022/0426(COD)

Proposal for a directive
Article 1 – paragraph 1 – point 7
Directive 2011/36/EU
Article 19 a – paragraph 2 – point g
(g) the number of suspects, persons prosecuted and convicted for offences referred to in Article 18a, 1(a), (b), (c), and (e) disaggregated by sex and age groups (child/adult).
2023/07/07
Committee: LIBEFEMM
Amendment 115 #

2022/0402(CNS)

Proposal for a regulation
Recital 36
(36) In order to facilitate the recognition of court decisions and authentic instruments on parenthood matters, this Regulation should lay down uniform jurisdiction rules for the establishment of parenthood with a cross-border element. This Regulation should also clarify the right of children below the age of 18 years to be provided with an opportunity to express their views in proceedings to which they are subject, as laid out in Article 12 of the United Nations Convention of the Rights of the Child.
2023/07/04
Committee: FEMM
Amendment 173 #

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 1
1. By [53 years from date of application of this Regulation], the Commission shall present to the European Parliament, the Council and the European Economic and Social Committee a report on the application of this Regulation, including an evaluation of any practical problems encountered, supported by information supplied by the Member States. The report shall be accompanied, where necessary, by a legislative proposal.
2023/07/04
Committee: FEMM
Amendment 174 #

2022/0402(CNS)

Proposal for a regulation
Article 70 – paragraph 2 – point a
(a) the number of applications for the refusal of recognition of a court decision or of an authentic instrument establishing parenthood with binding legal effect in the Member State of origin pursuant to Article 32, and the number of cases in which the refusal of recognition was granted, as well as on what grounds an application for refusal of recognition was granted, as set out in the provisions of Article 31 of this Regulation;
2023/07/04
Committee: FEMM
Amendment 218 #

2022/0400(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2a. This Directive is without prejudice to the competences and mandate of social partners, including their role in dispute resolution.
2023/09/08
Committee: EMPLFEMM
Amendment 226 #

2022/0400(COD)

Proposal for a directive
Article 3 – paragraph 1
1. Member States shall take measures to ensure that equality bodies are independent and free from external influence in performing their tasks and exercising their competences, in particular as regards their legal structure, accountability, budget and resources, staffing, and organisational matters. Equality bodies shall not be set up as part of a ministry or body taking or seeking instructions directly from the government.
2023/09/08
Committee: EMPLFEMM
Amendment 244 #

2022/0400(COD)

Proposal for a directive
Article 3 – paragraph 3
3. Member States shall ensure thatguarantee the autonomy of equality bodies in the determination of appropriate safeguards are in place, in particular in their internal structure of equality bodies, to guarantee the independent exercise of their competences, notably where some require impartiality and others focus on support to victims.
2023/09/08
Committee: EMPLFEMM
Amendment 305 #

2022/0400(COD)

Proposal for a directive
Article 7 – paragraph 1
Equality bodies or other existing dedicated entities shall be able to offer the parties the possibility to seek an amicabllternative resolution to their dispute. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity, in which case the equality body may formulate observations to that entity. The parties shall have the possibility to be assisted by designated representatives. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
2023/09/08
Committee: EMPLFEMM
Amendment 306 #

2022/0400(COD)

Proposal for a directive
Article 7 – paragraph 1
Equality bodies shall be able to offer the parties the possibility to seek an amicable resolution to their dispute. That process shall be subject to the agreement of the parties and may be led by the equality body itself or by another existing dedicated entity in accordance with national law or practice, in which case the equality body may formulate observations to that entity. Engaging in such a process shall not prevent the parties from exercising their right of access to court.
2023/09/08
Committee: EMPLFEMM
Amendment 49 #

2022/0278(COD)

Proposal for a regulation
Recital 1
(1) Past crises, especially the early days of the COVID-19 pandemic, have shown that the internal market (also referred to as the Single Market and its supply chains) can be severely affected by such crises, and appropriatethat the free movement of goods, services and people are not sufficiently safeguarded despite being laid down in Treaties and that appropriate, harmonised crisis management tools and coordination mechanisms are either lacking, legally unclear, do not cover all aspects of the Single mMarket or do not allow for a timely response to such impacts which can further exacerbate such crises’ impacts.
2023/04/03
Committee: EMPL
Amendment 58 #

2022/0278(COD)

Proposal for a regulation
Recital 3
(3) Actions by the Commission were delayed by several weeks due to the lack of any Union wide contingency planning measures and of clarity as to which partthe relevant departments of the national administration to contact to find rapid solutions to thecrisis- related impacts on the Single Market being cause by the crisis. In addition it became clear that uncoordinated restrictive actions taken by the Member States would further aggravated the impacts of the crisis on the Single market. It emerged that there is a need for arrangements between the Member States and Union authorities as regards contingency planning, technical level coordination and cooperation and information exchange.
2023/04/03
Committee: EMPL
Amendment 59 #

2022/0278(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) Social partners played a key role in supporting coordination efforts in particular as regards the dissemination of relevant information to workers and economic operators on the ground, as well as by addressing challenges arising from a Single Market Emergency through collective bargaining. Therefore, in order to safeguard incentives for social partners to negotiate and take responsibility for well-functioning labour markets also in times of crisis, it is crucial to ensure that all relevant legislation leaves sufficient room of manoeuvre for equal national social partners to adapt, complement or deviate from legislation by way of autonomous collective bargaining;
2023/04/03
Committee: EMPL
Amendment 61 #

2022/0278(COD)

Proposal for a regulation
Recital 4
(4) Representative organisations of economic operators, as well as social partners, have suggested that economic operators and workers did not have sufficient information on the crisis response measures of the Member States during the pandemics, partly due to not knowing where to obtain such information, partly due to language constraints and the administrative burden implied in making repeated inquiries in all the Member States, especially in a constantly changing regulatory environment. This prevented them from making informed business decisions as to what extent they may rely on their free movement rights and/or continue cross-border business operations during the crisis. It is necessary to improve the availability of information on national and Union level crisis response measures, but most of all it is crucial that Member States refrain from imposing restrictions on free movement at any time.
2023/04/03
Committee: EMPL
Amendment 63 #

2022/0278(COD)

Proposal for a regulation
Recital 5
(5) These recent events have also highlighted the need for the Union to be better prepared for possible future crises, especially as we consider the continuing effects of climate change and resulting natural disasters as well as global economic and geopolitical instabilities. Given the fact that it is not known which kind of crises could come up next and produce severe impacts on the Single Market and its supply chains in the future, it is necessary to provide for an instrument that would apply with regards to impacts ondisrupting the Single Market of a wide range of crises. by safeguarding the free movement of goods, services and persons and which facilitates access to crisis-relevant goods and services in the Single Market.
2023/04/03
Committee: EMPL
Amendment 69 #

2022/0278(COD)

Proposal for a regulation
Recital 7
(7) Since any specific aspects of future crises that would impact the Single Market and its supply chains are hard to predict, this Regulation should provide for a general framework for anticipating, preparing for, mitigating and minimising the negative impacts which any crisis may cause on the Single Market and its supply chains. , while ensuring that any crisis related emergency response measures are in line with the rights of free movement as laid down in the Treaties. In addition, such response should always respect fundamental rights.
2023/04/03
Committee: EMPL
Amendment 71 #

2022/0278(COD)

Proposal for a regulation
Recital 8
(8) The framework of measures set out under this Regulation should be deployed in a coherent, transparent, efficient, proportionate and timely manner, having due regard to the need to maintain vital societal functions, meaning including public security, public safety, public order, or public health while respecting, the responsibility of the Member States to safeguard national security and their power to safeguard other essential state functions, including ensuring the territorial integrity of the State and maintaining law and order. In addition, the framework should recognize the important role played by social partners in supporting the Member States’ contingency planning efforts, by ensuring inter alia full respect for collective bargaining rights and the autonomy of social partners.
2023/04/03
Committee: EMPL
Amendment 75 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 1
— the necessary means to ensure the continued functioning of the Single Market, also in times of crisis, both for the businesses that operate on the Single Market and itstheir strategic supply chains, including the free circulationmovement of goods, services and persons in times of crisis and the availability of crisis relevant goods and services to citizens, businesses and public authorities at the time of crisis;
2023/04/03
Committee: EMPL
Amendment 77 #

2022/0278(COD)

Proposal for a regulation
Recital 9 – indent 3
— the means for the timely accessibility and availability of the information which is needed for a targeted response and adequate market behaviour by businesses, workers and citizens during a crisis.
2023/04/03
Committee: EMPL
Amendment 83 #

2022/0278(COD)

Proposal for a regulation
Recital 18
(18) As regards the measures for re- establishensuring and facilitating free movement of persons and any other measures affecting the free movement of persons provided under this Regulation, they are based on Article 21 TFEU and complement Directive 2004/38/EC without affecting its application at the time of Single Market emergencies. Such measures should notever result in authorising or justifying restrictions to free movement contrary to the Treaties or other provisions of Union law.
2023/04/03
Committee: EMPL
Amendment 84 #

2022/0278(COD)

Proposal for a regulation
Recital 19
(19) Article 45 TFEU lays down the right to free movement of workers, subject to the limitations and conditions laid down in the Treaties and the measures adopted to give them effect. This Regulation contains provisions which complement the existing measures in order to reinforcesafeguard free movement of persons, increase transparency and provide administrative assistance during Single Market emergencies. Such measures include setting up and making available of the single points of contact to workers and their representatives in the Member States and at Union level during the Single Market vigilance and emergency modes under this regulation. Member States and the Commission are encouraged to use existing instruments for the set up and operation of these contact points. Such contact points should be active even outside the emergency mode and should help communication between the Member States and with the advisory board. The information provided by the contact point should be clear and understandable and accessible to persons with disabilities.
2023/04/03
Committee: EMPL
Amendment 91 #

2022/0278(COD)

Proposal for a regulation
Recital 20
(20) The free movement of goods, services and persons is established in the Treaties and constitutes a key principle of the European Union. Therefore, these freedoms should always be upheld. If Member States nevertheless adopt measures affecting free movement of goods, services or persons, goods or the freedom to provide services in preparation for and during Single Market emergencies, they should limit such measures to what is necessary and reose measures should be justified, non- discriminatory, limited in time and proportionate to address the emergency on the Single Market. All potential measures should be removed as soon as the situation allows it, and at the very latest when the emergency movde them as soon as the situation allows it. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions. has been deactivated. Any restriction that is still in place when the emergency mode has been deactivated should have no legal effect on neither persons nor economic operators. Such measures should respect the principles of proportionality and non- discrimination and should take into consideration the particular situation of border regions. In the light of digitalisation and recent technical developments, teleworking arrangements can be a suitable solution for many workers in situations where cross-border commuting to the workplace is not possible. However, in order to avoid discrimination, workers for whom cross- border telework is not feasible, for example due to the nature of their tasks and responsibilities, should not be subject to undue restrictions to their freedom of movement as long as their health and safety can be ensured.
2023/04/03
Committee: EMPL
Amendment 102 #

2022/0278(COD)

Proposal for a regulation
Recital 22
(22) When examining the compatibility of any notified draft or adopted measures with the principle of proportionality, the Commission should pay due regard to the evolving crisis situation and often limited information that is at the disposal of the Member States when they seek to reduce the emerging risks in the context of the crisis. Where justified and necessary in the circumstances, the Commission may consider based on any available information, including specialised or scientific information, the merits of Member State arguments relying on the precautionary principle as a reason for adoption of restrictions of free movement ofor persons restrictions. It is. However, given the task of the Commission to ensure that such measures comply with Union law and do not create unjustified obstacles to the functioning of the Single Market, the rule should always be free movement as laid down in the Treaties. The Commission should react to the notifications of Member States as quickly as possible, taking into account the circumstances of the particular crisis, and at the latest within the time-limits set out by this Regulation.
2023/04/03
Committee: EMPL
Amendment 103 #

2022/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure that the specific Single Market emergency measures provided for in this Regulation are used only where this is indispensable for responding to a particular Single Market emergency, such measures should require individual activation by means of Commission implementing acts, which indicate the reasons for such activation and, how the measures comply with the provisions laid down in the TFEU as well as the crisis-relevant goods or services that such measures apply to.
2023/04/03
Committee: EMPL
Amendment 106 #

2022/0278(COD)

Proposal for a regulation
Recital 24
(24) Furthermore, in order to ensure the proportionality of the implementing acts and due respect for the autonomy of social partners and the role of economic operators in crisis management, the Commission should only resort to the activation of the Single Market emergency mode, where economic operators are not able to provide a solution on a voluntary basis within a reasonable time. Why this is the case should be indicated in each such act, and in relation to all particular aspects of a crisis.
2023/04/03
Committee: EMPL
Amendment 117 #

2022/0278(COD)

Proposal for a regulation
Recital 36
(36) This Regulation respectssafeguards the fundamental rights as laid down in the Treaties and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’). In particular, it respects the right to privacy of the economic operators enshrined in Article 7 of the Charter, right to data protection set out in Article 8 of the Charter, the right to engage in work, protected by Article 15 of the Charter, the freedom to conduct business and the freedom of contract, which are protected by Article 16 of the Charter, the right to property, protected by Article 17 of the Charter, right to non-discrimination as protected by Article 21 by the Charter, right to collective bargaining and action protected by Article 26 of the Charter and the right to an effective judicial remedy and to a fair trial as provided for in Article 47 of the Charter. Since the objective of this Regulation cannot be sufficiently achieved by the Member States and can rather, by reason of the scale or effects of the action, 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. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective. The Regulation should not affect the autonomy of the social partners as recognised by the TFEU.
2023/04/03
Committee: EMPL
Amendment 123 #

2022/0278(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes a framework of measures to anticipate, prepare for and respond toaddress the impacts of crises ondisrupting the Single Market, with the purpose of safeguarding the free movement of goods, services and persons and of ensuring the availability of goods and services of strategic importance andfacilitating access to crisis- relevant goods and services in the Single Market.
2023/04/03
Committee: EMPL
Amendment 129 #

2022/0278(COD)

Proposal for a regulation
Article 1 a (new)
Article 1 a General principles 1. In order to ensure fulfilment of the obligations arising from the Treaty, and, in particular, to ensure the proper functioning of the internal market, Member States shall, on the one hand, abstain from adopting measures or engaging in conduct liable to constitute an obstacle to trade and, on the other hand, take all necessary and proportionate measures with a view to facilitating the free movement of goods, services and persons in their territory. A Member State on the territory of which obstacles to the free movement of goods, services or persons occur shall take all necessary and proportionate measures to restore as soon as possible the free movement in their territory in order to avoid the risk that the disruption or loss in question will continue, increase or intensify and that there may be a breakdown in trade and in the contractual relations which underlie it. The Member State shall inform the Commission and, if requested, other Member States of the measures it has taken or intends to take in order to fulfil this objective. 2. This Regulation shall not be interpreted as affecting in any way the exercise of fundamental rights as recognised in Member States, including the right or freedom to strike. These rights may also include the right or freedom to take other actions covered by the specific industrial relations systems in Member States.
2023/04/03
Committee: EMPL
Amendment 131 #

2022/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1
1. The measures set out in this Regulation apply in relation to significant impacts of a crisis on the functioning of the Single Market and its supply chai, in order to safeguard the rights as laid down in the Treaties, in particular the right to free movement of goods, services and persons.
2023/04/03
Committee: EMPL
Amendment 137 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 1
(1) ‘crisis’ means an exceptional unexpected and sudden, natural or man- made event of extraordinary nature and scale that takes place inside or outside of the Union which creates or risks creating a significant adverse impact on the free movement of goods, services or persons on the Single Market;
2023/04/03
Committee: EMPL
Amendment 139 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 2
(2) ‘Single Market vigilance mode’ means a framework for addressing a threat of significant disruption of the supplythe free movement of goods and, services of strategic importance r persons and which has the potential to escalate into a Single Market emergency within the next six months;
2023/04/03
Committee: EMPL
Amendment 142 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 3
(3) ‘Single Market emergency’ means a wide-ranging impact of a crisis on the Single Market that severely disrupts the free movement of goods, services or persons on the Single Market or the functioning of the supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/04/03
Committee: EMPL
Amendment 144 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 4
(4) ‘strategcritically important areas’ means those areas with critical importance to the Union and its Member States, in that they are of systemic and vital importance for public security, public safety, public order or public health, and the disruption, failure, loss or destruction of which would have a significant impact on the functioning of the Single Market;
2023/04/03
Committee: EMPL
Amendment 146 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
(5) ‘goods and services of strategiccritical importance’ means goods and services that are indispensable for ensuring the functioning of the Single Market in strategcritically important areas and which cannot be substituted or diversified;
2023/04/03
Committee: EMPL
Amendment 148 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7
(7) ‘strategiccritical reserves’ means a stock of goods of strategiccritical importance for which building a reserve may be necessary to prepare for a Single Market emergency, under the control of a Member State.
2023/04/03
Committee: EMPL
Amendment 149 #

2022/0278(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
(7 a) ‘economic operator’ means the manufacturer, the authorised representative, the importer and the distributor as defined in Regulation 765/2008/EC or a provider who offers or provides a service as defined in Directive 2006/123/EC;
2023/04/03
Committee: EMPL
Amendment 151 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. The Commission shall chair the advisory group and ensure its secretariat. The Commission mayadvisory group shall invite a representative of the European Parliament, representatives of EFTA States that are contracting parties to the Agreement on the European Economic Area49, representatives of economic operators, stakeholder organisations, the Europeansocial partners and experts, to attend meetings of the advisory group as observers. It shall invite the representatives of other crisis-relevant bodies at Union level as observers to the relevant meetings of the advisory group. _________________ 49 OJ L 1, 3.1.1994, p. 3.
2023/04/03
Committee: EMPL
Amendment 160 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 5 – point c a (new)
(c a) consulting the European social partners on the impact of the threat referred to in Article 3(2) on the labour markets of the Member States and the free movement of workers particularly cross- border workers;
2023/04/03
Committee: EMPL
Amendment 163 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point a a (new)
(a a) consulting the representatives of economic operators, including SMEs, and industry to collect market intelligence and assess the impact of the emergency as referred to in Article 3(3);
2023/04/03
Committee: EMPL
Amendment 164 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 6 – point a b (new)
(a b) consulting the European social partners on the impact of the emergency on the labour markets of the Member States and the free movement of workers particularly cross-border workers;
2023/04/03
Committee: EMPL
Amendment 167 #

2022/0278(COD)

Proposal for a regulation
Article 4 – paragraph 9
9. The advisory group mayshall adopt opinions, recommendations or reports in the context of its tasks set out in paragraphs 4 to 6. Opinions, recommendations or reports shall be made public, in accordance with Directive 2016/943.
2023/04/03
Committee: EMPL
Amendment 169 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – introductory part
1. The Commission taking into consideration the opinion of the advisory group and the input of relevant Union level bodies, is empowere and after consulting the Member States, is empowered to adopt a delegated act to supplement this Regulation with a framework setting out crisis protocols regarding crisis cooperation, exchange of information and crisis communication for the Single Market vigilance and emergency modes, in particular:
2023/04/03
Committee: EMPL
Amendment 170 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1 – point c
(c) a coordinated approach to risk and crisis communication also vis-à-viswith both economic operators and the public with a coordinating role for the Commission;
2023/04/03
Committee: EMPL
Amendment 175 #

2022/0278(COD)

Proposal for a regulation
Article 6 – paragraph 2 – point b
(b) consultation of the representatives of economic operators and social partners, including SMEs, onand their initiatives and actions to mitigate European social partners to collect market intelligence regarding their capacity and prespond to potential supply chain disruptions and overcome potential shortages of goods and serviceparedness to manage potential disruption of the free movement of goods, services or persons particularly workers, and overcome potential supply chain disruptions in the Single Market;,
2023/04/03
Committee: EMPL
Amendment 180 #

2022/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
(a a) the impact of the disruption on the labour markets of the Member States and the free movement of workers particularly cross-border workers;
2023/04/03
Committee: EMPL
Amendment 197 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
(d a) the impact on the labour markets of the Member States and the free movement of workers particularly cross- border workers;
2023/04/03
Committee: EMPL
Amendment 199 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point g
(g) the geographic area that is and could be affected, including any cross- border impacts on free movement of goods, services or persons or the functioning of supply chains that are indispensable in the maintenance of vital societal or economic activities in the Single Market;
2023/04/03
Committee: EMPL
Amendment 202 #

2022/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point i
(i) the absence or shortages of substitute goods, inputs or services.
2023/04/03
Committee: EMPL
Amendment 208 #

2022/0278(COD)

Proposal for a regulation
Part IV – title II – Chapter I – title
I Measures for re-establishensuring and facilitating free movement
2023/04/03
Committee: EMPL
Amendment 209 #

2022/0278(COD)

Proposal for a regulation
Article 16 – title
16 GenerEssential requirements forto limit measures restricting free movement to address a Single Market emergency
2023/04/03
Committee: EMPL
Amendment 213 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 1
1. When adopting and applyingre a Member States introduces national measures in response to a Single Market emergency and the underlying crisis, the Member States shall ensure that their actionsuch measures fully comply with the Treaty and Union law and, in particular, with the requirements laid down in this Article.
2023/04/03
Committee: EMPL
Amendment 214 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 2
2. Any restriction shall be limited in time and removed as soon as the situation allows itjustified, non-discriminatory, limited in time and proportionate to address the emergency on the Single Market. It shall be removed as soon as the situation allows it, and at the very latest when the emergency mode has been deactivated. Any restriction that is still in place when emergency mode has been deactivated shall have no legal effect on natural persons nor economic operators. Additionally, any restriction should take into account the situation of border regions.
2023/04/03
Committee: EMPL
Amendment 220 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 3
3. Any requirement imposed on citizens, workers and businesses shall not create an undue or unnecessary administrative burden.
2023/04/03
Committee: EMPL
Amendment 222 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 4
4. Member States shall inform citizens, consumers, businesses, workers and their representatives about measures that affect their free movement rights in a clear and unambiguous manner,unambiguous and timely manner. Such information should be accessible for persons with disabilities and made available in relevant languages in particular in cross-border areas.
2023/04/03
Committee: EMPL
Amendment 226 #

2022/0278(COD)

Proposal for a regulation
Article 16 – paragraph 5
5. Member States shall ensure that all affected stakeholders are informed of measures restricting free movement of goods, services and persons, including workers and service providers, before their entry into force, as well as the foreseen timeline for its deactivation. Member States shall ensure a continuous dialogue with stakeholders, including communication with social partners and international partners. Member States shall also involve social partners to the greatest extent possible in the elaboration of measures that could have an impact on labour mobility.
2023/04/03
Committee: EMPL
Amendment 229 #

2022/0278(COD)

Proposal for a regulation
Article 17 – title
17 Prohibited restrictions of free movement rights including during a Single Market emergency
2023/04/03
Committee: EMPL
Amendment 230 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – introductory part
1. During the Single Market emergency mode and when respondMember States shall refrain from introducing at any time including during to ahe Single Market emergency, Member States shall refrain from introducing mode any of the following:
2023/04/03
Committee: EMPL
Amendment 233 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point c
(c) discrimination between Member States or between citizens, including in their role as service providers or workers, based directly or indirectly on nationality or, in the case of companies, the location of the registered office, central administration or principal place of business;
2023/04/03
Committee: EMPL
Amendment 236 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 1 – point d – point ii
(ii) are directly or indirectly discriminatory based on nationality of the person.
2023/04/03
Committee: EMPL
Amendment 237 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 2 – introductory part
2. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain from any of the following, unless to do so is inherent to the nature of the crisisMember States shall refrain from introducing at any time including during the Single Market emergency mode any of the following:
2023/04/03
Committee: EMPL
Amendment 238 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 3 – introductory part
3. During the Single Market emergency mode and when responding to a Single Market emergency, Member States shall refrain from any of the following unless to do so is inherent to the nature of the crisis/Single Market emergencyMember States shall refrain from introducing at any time including during the Single Market emergency mode any of the following:
2023/04/03
Committee: EMPL
Amendment 239 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – introductory part
4. During the Single Market emergency mode and when responding to the Single Market emergency, Member States shall refrain fromMember States shall refrain from introducing at any time including during the Single Market emergency mode any of the following:
2023/04/03
Committee: EMPL
Amendment 240 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point a
(a) applying of more generous rules to travel to or from one Member State to or from another Member State or group of Member States, as compared to travel to and from other Member States unless to do so is inherent to the nature of the crisis/Single Market emergency;
2023/04/03
Committee: EMPL
Amendment 243 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point d
(d) imposing prohibitions on travel, including travel for imperative family reasons, which are not appropriortionate for the achievement of any legitimate public interest purportedly pursued by such measures or which manifestly go beyond what is necessary to achieve that aim;
2023/04/03
Committee: EMPL
Amendment 245 #

2022/0278(COD)

Proposal for a regulation
Article 17 – paragraph 4 – point e
(e) imposing restrictions on workers and service providers and their representatives, unless to do so in inherent to the nature of the crisis/Single Market emergency and it does not manifestly go beyond what is necessary for that purpose which are not proportionate for the achievement of any legitimate public interest purportedly pursued by such measures, or which manifestly go beyond what is necessary to achieve the aim. Due regard shall be given to the situation of different types of workers, for example mobile workers.
2023/04/03
Committee: EMPL
Amendment 262 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 1
During the Single Market emergency, Member States shall notify to the Commission any crisis-relevant draft measures restricting free movement of goods and the freedom to provide services as well as any proposed crisis-relevant restrictions of free movement of persons, including workers together with the reasons for those measures.
2023/04/03
Committee: EMPL
Amendment 263 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 1 – subparagraph 2
Such notification shall not prevent Member States from adopting the measures in question in case immediate action is needed due to reasons occasioned by serious and unforeseeable circumstances. Member States shall notify the adopted measure immediately together with a justification for the need to immediately adopt the measure.deleted
2023/04/03
Committee: EMPL
Amendment 265 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Member States shall provide to the Commission a statement of the reasons which makesubstantiating that the enactment of such measure justified and proportionate, where those reasons have not already been made clear in the notified measurs or restrictions are justified, non- discriminatory and proportionate. Member States shall communicate to the Commission the full text of the national legislative or regulatory provisions which contain or are modified by the measure.
2023/04/03
Committee: EMPL
Amendment 267 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 6
6. The Commission shall ensure that citizens and, businesses are informed of the notified measures, unless Member States request that the measure, workers, the social partners and other affected stakeholders aremain confidential, or the Commission deems disclosure of those measures would affect the security and public order of the European Union or its Member States, as well as of the decisions and Member States’ comments adopted in accordance with this Articl informed of the notified measures, in a clear and unambiguous matter before their entry into force.
2023/04/03
Committee: EMPL
Amendment 272 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 11
11. If the Commission finds that the measures communicated by the notifying Member State are still not in accordance with Union law, it may issue within 310 days of that communication, a decision requiring that Member State to refrain from adopting the notified draft measure. The notifying Member State shall communicate the adopted text of a notified draft measure to the Commission without delay.
2023/04/03
Committee: EMPL
Amendment 273 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 12
12. If the Commission finds that an already adopted measure that has been notified to it, is not in accordance with Union law, it may issue within 310 days of that notification a decision requiring the Member State to abolish it. The notifying Member State shall communicate the text of a revised measure in case it modifies the notified adopted measure without delay.
2023/04/03
Committee: EMPL
Amendment 275 #

2022/0278(COD)

Proposal for a regulation
Article 19 – paragraph 13
13. The period of 310 days referred to in paragraphs 11 and 12 may be exceptionally extended by the Commission in order to take account of a change of circumstances, in particular to receive scientific advice, evidence or technical expertise in the context of an evolving situation. The Commission shall set out the reasons justifying any such extension and shall set a new deadline and shall inform the Member States about the new deadline and the reasons for the extension without delay.
2023/04/03
Committee: EMPL
Amendment 276 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 1 – introductory part
1. Member States shall operate national single points of contact that shall provide citizens, civil society organizations, consumers, economic operators and workers and their representatives with the following assistance:
2023/04/03
Committee: EMPL
Amendment 278 #

2022/0278(COD)

Proposal for a regulation
Article 21 – paragraph 2
2. Member States shall ensure that it is possible for citizens, consumers, civil society organisations, economic operators and workers and their representatives to receive, at their request and via the respective single points of contact, information from the competent authorities on the way in which the respective national crisis response measures are generally interpreted and applied. Where appropriate, such information shall include a step-by- step guide. The information shall be provided in clear, understandable and intelligible language and shall be accessible to persons with disabilities. It shall also be easily accessible at a distance and by electronic means and shall be kept up to date.
2023/04/03
Committee: EMPL
Amendment 280 #

2022/0278(COD)

Proposal for a regulation
Article 22 – paragraph 2 – introductory part
2. The Union level single point of contact shall provide citizens, civil society organizations, consumers, economic operators, workers and their representatives with the following assistance:
2023/04/03
Committee: EMPL
Amendment 356 #

2022/0277(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 17 – point j – point 1 (new)
1) “Recipients” means any natural or legal person for whom a “media service”, as set out in subparagraph 1 of this paragraph, is intended for.
2023/05/09
Committee: LIBE
Amendment 551 #

2022/0277(COD)

Proposal for a regulation
Article 9 – paragraph 1
The Board shall act in full independence when performing its tasks or exercising its powers. In particular, the Board shall, in the performance of its tasks or the exercise of its powers, neither seek nor take instructions from any government, institution, person or body, and, to to the extent possible, from the Commission. This shall not affect the competences of the Commission or the national regulatory authorities or bodies in conformity with this Regulation.
2023/05/09
Committee: LIBE
Amendment 29 #

2022/0269(COD)

Proposal for a regulation
Recital 1
(1) As recognised in the Preamble to the 2014 Protocol to Convention No. 29 on forced labour (‘ILO Convention No. 29’) of the International Labour Organization (‘ILO’), forced labour constitutes a serious violation of human dignity and fundamental human rights. The ILO declared the elimination of all forms of forced or compulsory labour as a principle concerning the fundamental rights. The ILO classifies ILO Convention No. 29, the 2014 Protocol to Convention No. 29 and the ILO Convention No.105 on the abolition of forced labour (‘ILO Convention No.105’) as fundamental ILO Conventions16. Forced labour covers a wide variety of coercive labour practices where work or service is exacted from persons that have not offered it themselves voluntarily.17 The ILO indicators used to investigate and identify cases of forced labour are abuse of vulnerability, deception, restriction of movement, isolation, physical and sexual violence, intimidation and threats, retention of identity documents, withholding of wages, debt bondages, abusive working and living conditions and excessive overtime.18a _________________ 16 https://www.ilo.org/global/standards/introd uction-to-international-labour- standards/conventions-and- recommendations/lang--en/index.htm. 17 The ILO definition of forced labour according to the ILO Forced Labour Convention, 1920 (No. 29), What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org). 18a https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- declaration/documents/publication/wcms_ 203832.pdf
2023/05/05
Committee: EMPL
Amendment 31 #

2022/0269(COD)

Proposal for a regulation
Recital 2
(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not The vast majority of forced labour cases was estimated to be imposed by private actors, in particular through forced labour exploitation (17.3 million people). This implies that notwithstanding the severity of state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators, the main problem lies within the private sector which accounts for 86% of all forced labour cases.18Therefore this Regulation must address economic operators in a way that clarifies what is expected from them, by laying out predictable and clear legislation. At the same time, economic operators who do not comply with this Regulation and continue to benefit from forced labour must be held responsible. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf.
2023/05/05
Committee: EMPL
Amendment 36 #

2022/0269(COD)

Proposal for a regulation
Recital 2 a (new)
(2a) Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performing forced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators and a demonstration of a state's failure to handle this type of economic operators.
2023/05/05
Committee: EMPL
Amendment 37 #

2022/0269(COD)

Proposal for a regulation
Recital 2 b (new)
(2b) The ILO Convention No. 29 as well as follow-up reports by the ILO Committee of Experts19aand the United Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules)19baddress the use of prison labour. The ILO states that prison labour is not incompatible per se with its Conventions, but that additional requirements are needed for this type of work. For it to be considered work of free consent, prison labour should approximate the conditions of a free labour relationship, regarding inter alia wages, safety and health measures and daily working hours. In addition, the work should be undertaken voluntarily without threat of menace or penalty. It is therefore absolutely imperative that where states engage prisoners in work, this must be done on a voluntary basis for the benefit of the prisoner. _________________ 19a General Survey on Forced Labour, ILO Committee of Experts, 2007: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- relconf/documents/meetingdocument/wcm s_089199.pdf 19b The United Nations Standard Minimum Rules for the Treatment of Prisoners: https://www.unodc.org/documents/justice- and-prison- reform/Nelson_Mandela_Rules-E- ebook.pdf
2023/05/05
Committee: EMPL
Amendment 38 #

2022/0269(COD)

Proposal for a regulation
Recital 2 c (new)
(2c) Where states use community work as an alternative penal sanction to imprisonment, it should always be work that is useful and in the general interest of society as a whole. Such work is normally undertaken for the State or its administrative authorities.19cIt must also ensure dignity and respect for human life for the convicted person and should be proportionate to the national minimum age of criminal responsibility. It shall in no way be used as a means to degrade the convicted person or deprive the person of their dignity. If the State uses community work for this purpose, it should be deemed forced labour. _________________ 19c General Survey on Forced Labour, ILO Committee of Experts, 2007: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- relconf/documents/meetingdocument/wcm s_089199.pdf
2023/05/05
Committee: EMPL
Amendment 42 #

2022/0269(COD)

Proposal for a regulation
Recital 3
(3) The European Union is a global leader on responsible business conduct and business and human rights. The eradication of forced labour is a priority for the Union. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
2023/05/05
Committee: EMPL
Amendment 45 #

2022/0269(COD)

Proposal for a regulation
Recital 4
(4) All Member States have ratified the fundamental ILO Conventions on forced labour and child labour.20They are therefore legally obliged to prevent and eliminate the use of forced labour and to report regularly to the ILO. Nevertheless, the ILO estimates that there are 880 000 forced labour victims in the EU - in addition to the forced labour involved inter alia in the EU’s imports from the rest of the world.20a _________________ 20 https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/publication/wcms_195 135.pdf. 20a ILO 2012 Global Estimate of Forced Labour: https://www.ilo.org/wcmsp5/groups/public /---europe/---ro-geneva/---ilo- brussels/documents/genericdocument/wc ms_184975.pdf
2023/05/05
Committee: EMPL
Amendment 46 #

2022/0269(COD)

Proposal for a regulation
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union. This is crucial since forced labour exists in every region of the world. ILO estimates that the highest number of people in forced labour are in Asia in Pacific region, followed by the region of Europe and Central Asia. Meanwhile, this estimate is largely driven by the size of the population in those regions. When calculating forced labour as proportion of the population, the highest number is in the MENA region21awith an estimated 5.3 cases per thousand people.21b _________________ 21a Covers the following countries and territories: Bahrain, Iraq, Jordan, Kuwait, Lebanon, Occupied Palestinian Territory, Oman, Qatar, Saudi Arabia, Syrian Arab Republic, United Arab Emirates and Yemen. 21b ILO 2021 Global Estimates of Modern Slavery: https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733 .pdf
2023/05/05
Committee: EMPL
Amendment 51 #

2022/0269(COD)

Proposal for a regulation
Recital 17
(17) The prohibitionmarketing ban, which enables the prohibition of import and export of products and services made with forced labour, should contribute to the international efforts to abolish forced labour. The definition of ‘forced labour’ should therefore be aligned with the definition laid down in ILO Convention No. 29. The definition of ‘forced labour applied by state authorities’ should be aligned with ILO Convention No. 105, which prohibits specifically the use of forced labour as punishment for the expression of political views, for the purposes of economic development, as a means of labour discipline, as a punishment for participation in strikes, or as a means of racial, religious or other discrimination.31 The Commission should support the efforts to eradicate forced labour by providing a database, with the help of external expertise inter alia from the ILO, OECD, EEAS, social partners and civil society organisations. The database should provide regularly updated and verifiable information on forced labour risks in specific geographic areas where the existence of forced labour is known. Economic operators who continue trade with those regions should be able to prove that their business partners in those regions do not use forced labour. _________________ 31 What is forced labour, modern slavery and human trafficking (Forced labour, modern slavery and human trafficking) (ilo.org) and the ILO Conventions No. 29 and No. 105 referred therein.
2023/05/05
Committee: EMPL
Amendment 63 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operators to identify and assess risks in their supply chains and prevent and address those risks by implementing mandatory requirements, in accordance with relevant Union legislation and voluntary guidelines, recommendations or practices to identify, prevent, mitigate or bring to an endfrom international standards in order to eradicate the use of forced labour with respect to products and services that are to be made available on the Union market or to be exported;
2023/05/05
Committee: EMPL
Amendment 66 #

2022/0269(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
(ca) ‘vulnerable stakeholders’ means affected stakeholders that find themselves in marginalised situations and situations of vulnerability, due to specific contexts or intersecting factors, including among others, sex, gender, age, race, ethnicity, class, caste, education, indigenous peoples, migration status, disability, as well as social and economic status, and includes stakeholders living in conflict- affected and high risk areas, which are the causes of diverse and often disproportionate adverse impacts, and create discrimination and additional barriers to participation and access to justice;
2023/05/05
Committee: EMPL
Amendment 75 #

2022/0269(COD)

Proposal for a regulation
Article 4 – paragraph 3 – point c
(c) due diligence guidelines or recommendations of the UN, ILO, OECD or other relevant international organisations, as well as the social partners;
2023/05/05
Committee: EMPL
Amendment 95 #

2022/0269(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. The Commission shall call upon external expertise to provideprovide, with the help of external expertise inter alia from the ILO, OECD, EEAS, social partners and civil society organizations, an indicative, non-exhaustive, verifiable and regularly updated database of forced labour risks in specific geographic areas or with respect to specific products or services including with regard to forced labour imposed by state authorities. The database shall be based on the guidelines referred to in Article 23, points (a), (b) and (c), and relevant external sources of information from, amongst others, international organisations and third country authorities and it should pay particular attention to the presence of vulnerable stakeholders in the specific product or service. Information listed in the database shall be evidence-based. When an economic operator trades with geographic areas listed in this database as high-risk of forced labour, the economic operator must be able to prove that no forced labour has been used.
2023/05/05
Committee: EMPL
Amendment 105 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 1
1. A Union Network Against Forced Labour Products (‘the Network’) is established. The Network is chaired by the Commission and shall serve as a platform for structured coordination and cooperation between the competent authorities of the Member States and the Commission, and to streamline the practices of enforcement of this Regulation within the Union, thereby making enforcement more effective and coherent.
2023/05/05
Committee: EMPL
Amendment 110 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point a
(a) facilitate the identification of common priorities for enforcement activities, to exchange information, expertise and best practices, including by involving external actors where applicable, such as social partner organisations or civil society organisations;
2023/05/05
Committee: EMPL
Amendment 112 #

2022/0269(COD)

(b) conduct joint investigations, inside the European Union as well as in third- countries, in accordance with international law;
2023/05/05
Committee: EMPL
Amendment 117 #

2022/0269(COD)

Proposal for a regulation
Article 24 – paragraph 3 – point f a (new)
(fa) coordinate and cooperate with third-country authorities, where applicable.
2023/05/05
Committee: EMPL
Amendment 60 #

2022/0212(BUD)

Draft opinion
Paragraph 9 a (new)
9a. Calls on the European Commission to ensure that the EU budget, including the RRF, is socially inclusive and that gender and disability are mainstreamed in the 2023 general budget, not least by providing a monitoring system tracking the budgetary allocations which promote the equal participation and independent living of women and people with disabilities in line with the EU’s commitments under the European Gender Equality and Disability Rights Strategies and the UNCRPD;
2022/07/18
Committee: EMPL
Amendment 109 #

2022/0165(NLE)


Annex – Guideline 5 – paragraph 1
Member States should actively promote a competitive, innovative and sustainable social market economy and facilitate and support investment in the creation of quality jobs, also taking advantage of the potential linked to the digital and green transitions, in light ofwith a view to reaching the 2030 EU headline target on employment. To that end, they should reduce the barriers that businesses face in hiring people, ensure skills and training which help provide opportunities for workers and anticipate labour market shortages, foster responsible entrepreneurship and genuine self-employment and, in particular, support the creation and growth of micro, small and medium-sized enterprises, including through access to finance, capacity building supports and relevant guidance. Member States should actively promote the development and tap the full potential of the social economy, foster social innovation and social enterprises, and encourage those business models creating quality job opportunities in particular for underrepresented groups often furthest from the labour market and generating social benefits at local level, in particular in the circular economy and in areas most affected by the transitions to a green and digital economy due to their sectoral specialisation,.
2022/08/29
Committee: EMPL
Amendment 496 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 1
This Regulation lays down uniform rules to address the misuse of relevant information society services for online child sexual abuse in the internal market. by persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
2023/07/28
Committee: LIBE
Amendment 515 #

2022/0155(COD)

Proposal for a regulation
Article 1 – paragraph 1 – subparagraph 2 – point d a (new)
(da) obligations on providers of online search engines and any other artificial intelligence systems to delist or disable specific items of child sexual abuse, or both;
2023/07/28
Committee: LIBE
Amendment 555 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point e a (new)
(ea) “online search engine” means an intermediary service as defined in Article 3, point (j), of Regulation (EU) 2022/2065;
2023/07/28
Committee: LIBE
Amendment 569 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point f – point iv a (new)
(iva) an online search engine;
2023/07/28
Committee: LIBE
Amendment 581 #

2022/0155(COD)

(j) ‘child user’ means a natural person who uses a relevant information society service and who is a natural person below the age of 178 years;
2023/07/28
Committee: LIBE
Amendment 594 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q a (new)
(qa) “person suspected of being involved in child sexual abuse” means an identified individual person about whom verifiable adequate evidence exists, which gives rise to the suspicion that that person has committed a child sexual abuse offence, attempted to commit a child sexual abuse offence, or prepared by committing a criminal offence to commit a child sexual abuse offence;
2023/07/28
Committee: LIBE
Amendment 596 #

2022/0155(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point q b (new)
(qb) 'person disqualified from exercising activities involving children' means an identified individual person, who, in line with Article 10 of Directive 2011/93/EU, is temporarily or permanenently disqualified from exercising activities involving direct and regular contacts with children;
2023/07/28
Committee: LIBE
Amendment 613 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of use of the service for the purpose of online child sexual abuse., which requires a targeted and tailor-made response;
2023/07/28
Committee: LIBE
Amendment 628 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – introductory part
(b) the existence and implementation by the provider of a policy and the availability of functionalities to prevent and address the risk referred to in paragraph 1, including through the following:
2023/07/28
Committee: LIBE
Amendment 634 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2 a (new)
- - implementing functionalities and protocols to prevent and reduce the risk of online child sexual abuse; - information and awareness campaigns educating and warning users of the risk of online child sexual abuse;
2023/07/28
Committee: LIBE
Amendment 693 #

2022/0155(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2a. When providers of hosting services and providers of interpersonal communication services put forward age assurance or age verification systems as mitigating measures, they shall meet the following criteria: (a) Protect the privacy of users and do not disclose data gathered for the purposes of age assurance for any other purpose; (b) Do not collect data that is not necessary for the purposes of age assurance; (c) Be proportionate to the risks associated to the product or service that presents a risk of misuse for child sexual abuse; (d) Provide appropriate remedies and redress mechanisms for users whose age is wrongly identified.
2023/07/28
Committee: LIBE
Amendment 734 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonable mitigation measures, tailored to their specific service and the risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:
2023/07/28
Committee: LIBE
Amendment 741 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
(aa) Designing educational and awareness-raising campaigns aimed at informing and alerting users about the risks of online child sexual abuse, including child-appropriate information;
2023/07/28
Committee: LIBE
Amendment 804 #

2022/0155(COD)

Proposal for a regulation
Article 4 – paragraph 3
3. Providers of interpersonal communications services that have identified, pursuant to the risk assessment conducted or updated in accordance with Article 3, a risk of use of their services for the purpose of the solicitation of children, shall take the necessary and proportionate age verification and age assessment measures to reliably identify childdifferentiate between child users and adult users on their services, enabling them to take the mitigation measures and protect child users. Age assurance or age verification systems as mitigation measure shall be implemented only if they meet the criteria set in Article 3, paragraph 2a of this Regulation.
2023/07/28
Committee: LIBE
Amendment 870 #

2022/0155(COD)

Proposal for a regulation
Article 6 – paragraph 1 a (new)
1a. Providers of software applications who have been informed that in relation to their software applications a significant risk of use of the service concerned for the purpose of the solicitation of children has been identified, shall take reasonable and proportionate mitigation measures.
2023/07/28
Committee: LIBE
Amendment 890 #

2022/0155(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detection order requiring a provider of hosting services or a provider of interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detect online child sexual abuse on a specific service in the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
2023/07/28
Committee: LIBE
Amendment 1128 #

2022/0155(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Providers of hosting services and providers of interpersonal communication services that have received a detection order concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children shall execute it by installing and operating technologies to detect the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, using the corresponding indicators provided by the EU Centre in accordance with Article 46.
2023/07/28
Committee: LIBE
Amendment 1266 #

2022/0155(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hosting services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1)courts identified as constituting child sexual abuse material.
2023/07/28
Committee: LIBE
Amendment 1332 #

2022/0155(COD)

Proposal for a regulation
Article 19 a (new)
Article19a Respect to Privacy Nothing in this Regulation shall be interpreted as a requirement to 1. break cryptography; 2. scan content on users’ devices; 3. restrict anonymous access to online services and software applications.
2023/07/28
Committee: LIBE
Amendment 1340 #

2022/0155(COD)

Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
PersonVictims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where they reside, information and the referral to support regarding any instances where the dissemination of known child sexual abuse material depicting them is reported to the EU Centre pursuant to Article 12. Persons with disabilities shall have the right to ask and receive such an information in a manner accessible to them.
2023/07/28
Committee: LIBE
Amendment 1363 #

2022/0155(COD)

Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
PersonVictims residing in the Union shall have the right to receive, upon their request, from the Coordinating Authority designated by the Member State where the person resides, support from the EU Centre when they seek to have a provider of hosting services remove or disable access to one or more specific items of known child sexual abuse material depicting them taking into account the vulnerabilities of the person depicted. Persons with disabilities shall have the right to ask and receive any information relating to such support in a manner accessible to them. All professionals likely to come into contact with child victims of sexual abuse online should be adequately trained and able to recognise and address the specific needs of victims.
2023/07/28
Committee: LIBE
Amendment 1391 #

2022/0155(COD)

Proposal for a regulation
Article 23 – paragraph 1
1. PAs referred to in Article 12 of the Digital Service Act Regulation, providers of relevant information society services shall establish a single point of contact allowing for direct communication, by electronic means, with the Coordinating Authorities, other competent authorities of the Member States, the Commission and the EU Centre, for the application of this Regulation.
2023/07/28
Committee: LIBE
Amendment 1580 #

2022/0155(COD)

Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b a (new)
(ba) Referring victims to the appropriate national child protection services;
2023/07/28
Committee: LIBE
Amendment 1593 #

2022/0155(COD)

(6a) support Member States in designing preventive measures, such as awareness-raising campaigns to combat child sexual abuse, with a specific focus on girls and other prevalent demographics, including by: (a) Acting on behalf of victims in liaising with other relevant authorities of the Member States for reparations and all other victim support programmes; (b) Referring victims to the appropriate child protection services, and to pro bono legal support services; (c) Facilitating access to care qualified health support services, including mental health and psychological support;
2023/07/28
Committee: LIBE
Amendment 1698 #

2022/0155(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 1
The EU Centre shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detection orders in accordance with Article 10(1) concerning the online activities of persons suspected of being involved in child sexual abuse and persons disqualified from exercising activities involving children.
2023/07/28
Committee: LIBE
Amendment 1701 #

2022/0155(COD)

Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
To that aim, the EU Centre shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2) and Article 19a (new).
2023/07/28
Committee: LIBE
Amendment 1711 #

2022/0155(COD)

Proposal for a regulation
Article 50 – paragraph 2 – point c
(c) information resulting from research or other activities conducted by Member States’ authorities, other Union institutions, bodies, offices and agencies, the competent authorities of third countries, international organisations, research centres, hotlines and civil society organisations.
2023/07/28
Committee: LIBE
Amendment 1761 #

2022/0155(COD)

Proposal for a regulation
Article 54 – paragraph 2 a (new)
2a. The EU Centre shall cooperate with other organisations and bodies carrying out similar functions in other jurisdictions, such as the National Centre for Missing and Exploited Children (‘NCMEC’) and the Canadian Centre for Child Protection, among others, which serve the same purpose of this Regulation, as well as in order to avoid potential duplication of reporting obligations for providers.
2023/07/28
Committee: LIBE
Amendment 505 #

2022/0140(COD)

Proposal for a regulation
Article 2 – paragraph 2 – point a
(a) ‘personal electronic health data’ means data concerning health and genetic data as defined in Regulation (EU) 2016/679, as well as data referring to determinants of health, or data processed in relation to the provision of healthcare services, processed in an electronic form;
2023/03/30
Committee: ENVILIBE
Amendment 868 #

2022/0140(COD)

(o a) promote public awareness and understanding of the benefits, risks, rules, safeguards and rights in relation to the EHDS system;
2023/03/30
Committee: ENVILIBE
Amendment 1174 #

2022/0140(COD)

Proposal for a regulation
Article 33 – paragraph 1 – point f
(f) person generated electronic health data, including from medical devices, wellness applications or other digital health applications;
2023/03/30
Committee: ENVILIBE
Amendment 1264 #

2022/0140(COD)

Proposal for a regulation
Article 33 – paragraph 5
5. Where the consent of the natural person is required by national law, health data access bodies shall rely on the obligations laid down in this Chapter to provide access to electronic health dataNatural persons that are subjects to secondary use of health data shall be asked for explicit consent prior to the processing of their health data. Health data access bodies shall provide for an accesible and easily understandable opt-in mechanism.
2023/03/30
Committee: ENVILIBE
Amendment 1346 #

2022/0140(COD)

Proposal for a regulation
Article 34 – paragraph 1 – point h
(h) providing personalised healthcare consisting in assessing, maintaining or restoring the state of health of natural persons, based on the health data of other natural persons.deleted
2023/03/30
Committee: ENVILIBE
Amendment 1690 #

2022/0140(COD)

Proposal for a regulation
Article 44 – paragraph 1
1. The health data access body shall ensure that access is only provided to requested electronic health data relevant for the purpose of processing indicated in the data access application by the data user from natural persons who have explicitly given access to their right data under Article 33(5) and in line with the data permit granted.
2023/03/30
Committee: ENVILIBE
Amendment 13 #

2022/0135(COD)

Proposal for a regulation
Recital 3 a (new)
(3 a) Furthermore, an official and encompassing human rights and security dialogue should be pursued with Kuwait and Qatar, which should take place at least on an annual basis. This dialogue should lead to significant and tangible improvements and achievements, in particular in the field of gender equality, LGBTQ+ rights, worker's and labour rights, freedom of religion, freedom of speech, media freedom, the abolishment of the death penalty, prohibition of torture and the right to assembly. The security aspect of the dialogue should in particular focus on cooperation on combatting terrorism. The bilateral agreements on visa waiver between the Union and Kuwait and between the Union and Qatar should include explicit and concrete commitments to these aims.
2022/10/18
Committee: LIBE
Amendment 17 #

2022/0135(COD)

Proposal for a regulation
Recital 3 b (new)
(3 b) The bilateral agreements on visa waiver between the Union and Kuwait and the Union and Qatar should also be evaluated on an annual basis by the Commission, with regards to the potential progress and achievements within the human rights and security dimension as referred to in paragraph 3a, as well as other relevant improvements linked to the reciprocal exemption of the visa requirement. The Commission shall also transmit this evaluation in a timely manner to the European Parliament and to the Council.
2022/10/18
Committee: LIBE
Amendment 30 #

2022/0135(COD)

Proposal for a regulation
Recital 6 a (new)
(6 a) Those agreements should not apply until the effective start of operation of the European Travel Information and Authorisation System (ETIAS)1a _________________ 1a https://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:3201 8R1240&from=EN
2022/10/18
Committee: LIBE
Amendment 44 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point i Regulation (EU) 2018/1806
Kuwait (*)(**)(***)” (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 45 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point i
Regulation (EU) 2018/1806
Article 1
(***) The exemption from the visa requirement shall not enter into force before The European Travel Information and Authorisation System (ETIAS - Regulation (EU) 2018/1240) is operational. This shall be indicated by the Commission through a publication in the Official Journal of the European Union. (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 46 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point ii
Regulation (EU) 2018/1806
Article 1
Qatar (*)(**)(***)” (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 47 #

2022/0135(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point b – point ii
Regulation (EU) 2018/1806
Article 1
(***) The exemption from the visa requirement shall not enter into force before The European Travel Information and Authorisation System (ETIAS - Regulation (EU) 2018/1240) is operational. This shall be indicated by the Commission through a publication in the Official Journal of the European Union. (This amendment only applies to the proposal for a visa waiver with Kuwait and Qatar, and shall not be interpreted as an amendment to the visa waiver regulation ((EU) 2018/1806) in general.)
2022/10/18
Committee: LIBE
Amendment 143 #

2022/0134(COD)

Proposal for a directive
Recital 8
(8) To prevent the risk of abusive acquisition of EU long-term resident status, Member States should ensure that the requirement of legal and continuous residence is duly monitored for all categories of third-country nationals. To this risk is particularly relevantend, this Directive should not apply for those third- country nationals who hold a residence permit granted on the basis of any kind of investment in a Member State, as the issue of these residence permits is not always subject to the requirement of continuous physical presence in the Member State where the holder of such a permit acquired it or is merely subject to the requirement of the investors’ presence in the Member State for a limited time. To prevent this risk, Member States should strengthen checks on the requirement of legal and continuous residence with particular regard to applications for, and should not further examine applications submitted as soon as it has become evident that the applicant of an EU long- term resident status submitted by third-country nationals who resideis residing or has previously resided through a residence permit in a Member State in exchange of any kind of investment, such as capital transfers, purchase or renting of property, investment in government bonds, investment in corporate entities, donation or endowment of an activity contributing to the public good and contributions to the state budget.
2022/12/08
Committee: LIBE
Amendment 146 #

2022/0134(COD)

Proposal for a directive
Recital 9
(9) TIn order to further promote the attractiveness of the Long-term Resident Status, the required period of residence for the acquisition of EU long-term resident status should be reduced to three years, of which at least one year of residence should be completed in the same Member State of application. However, in order to promote the intra-EU mobility of third- country nationals, Member States should allow third-country nationals to cumulate periods of residence in different Member States. With the aim to limit the attractiveness of investor residence schemes and in account of the fact that not all Member States have regulated this category of residence permits, Member States should not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in anothery Member State for the purpose of cumulating periods.
2022/12/08
Committee: LIBE
Amendment 150 #

2022/0134(COD)

Proposal for a directive
Recital 10
(10) Any period of residence spent by a holder of a long-stay visa or residence permit issued under Union or national law should be counted for acquiring the EU long-term resident status, including periods of residence under a status or in a capacity that is excluded from the scope of the Directive, such as residence for study purposes or vocational training, residence as beneficiary of national or temporary protection, or residence initially based solely on temporary grounds or residence as a seasonal worker under Directive 2014/36/EU. Where the third-country national concerned has acquired a title of residence which will enable him/her to be granted EU long-term resident status, these periods should be taken into account fully in the calculation of the period required to acquire EU long- term resident status, provided that the overall residence has been legal and continuous.
2022/12/08
Committee: LIBE
Amendment 153 #

2022/0134(COD)

Proposal for a directive
Recital 11
(11) To acquire EU long-term resident status, third-country nationals should prove that they have adequate resources and sickness insurance, to avoid becoming a burden for the Member State. Member States may indicate a certain sum as a reference amount, but they may not impose a minimum income level below which all applications for EU long-term resident status will be refused, irrespective of an actual examination of the situation of each applicant. When making an assessment of the possession of stable and regular resources, Member States may take into account factors such as contributions to the pension system and fulfilment of tax obligations. The concept of ‘resources’ should not concern solely the ‘own resources’ of the applicant for EU long- term resident status, but may also cover the resources made available to that applicant by a third party provided that, in the light of the individual circumstances of the applicant concerned, they are considered to be stable, regular and sufficient. In addition, Member States shall ensure that provisions requiring the applicant to hold adequate resources and sickness insurance to acquire the EU Long-term residence status should be on equal terms with any provisions set out to acquire a national residence permit.
2022/12/08
Committee: LIBE
Amendment 161 #

2022/0134(COD)

Proposal for a directive
Recital 12
(12) Member States shouldmay be able to require applicants for EU long-term resident status to comply with reasonable and proportionate integration conditions, for example by requiring them to pass a civic integration or language examination. However, the means for implementing this requirement should not be liable to jeopardisehindering or preventing the objective of promoting the integration of third-country nationals, having regard, in particular, to the level of knowledge required to pass a civic integration examination, to the accessibility of the courses and material necessary to prepare for that examination, to the amount of fees applicable to third- country nationals as registration fees to sit that examination, or to the consideration of specific individual circumstances, such as age, illiteracy or level of education. Furthermore, the Member States shall not require the EU long-term residence permit applicant to comply with conditions for the acquisition of the permit that are stricter than those imposed on applicants for such national residence permits, such as conditions and requirements related to resources, integration or administrative application procedures.
2022/12/08
Committee: LIBE
Amendment 164 #

2022/0134(COD)

Proposal for a directive
Recital 13
(13) Moreover, third-country nationals who wish to acquire and maintain EU long- term resident status should not constitute a threat to public policy or public security. The notion of public policy may cover a conviction for committing a serious crime. The decision whether a third-country national constitutes a threat to public policy or public security shall be made in accordance with procedures enshrined in national legislation, with the right to appeal by the applicant in national court.
2022/12/08
Committee: LIBE
Amendment 173 #

2022/0134(COD)

Proposal for a directive
Recital 20
(20) Professional qualificationsand occupational diplomas, certificates and other qualifications, as well as skills and competences, 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 Council35 . This Directive should be without prejudice to the conditions set out under national law for the exercise of regulated professions. For the validation and recognition of the skills, competences and qualifications of third-country nationals in occupational professions, including vocational training, a common Union framework should be developed based on objective and uniform criteria, to support Member States and to facilitate the integration of third-country nationals into the labour market as well as to support intra-EU labour mobility. _________________ 35 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).
2022/12/08
Committee: LIBE
Amendment 177 #

2022/0134(COD)

Proposal for a directive
Recital 22
(22) EU long-term residents should enjoy reinforced protection against decisions ending their legal stay . Member States should provide for effective legal redress against such decisions . Member States should not be allowed to revoke the status of such residents and remove them from their territory, unless the resident concerned has been given the possibility to appeal. Under no circumstances are Member States permitted to revoke the residency rights from persons with EU long-term residency status, resulting in the person being removed from the territory unless all possibilities for appeal have been exhausted.
2022/12/08
Committee: LIBE
Amendment 185 #

2022/0134(COD)

Proposal for a directive
Recital 26
(26) In order to promote better integration of EU long-term residents, rules on favourable conditions for family reunification and access to work for spousefamily members should be introduced. Thus specific derogations from Council Directive 2003/86/EC should be provided for. Family reunification should not be subject to conditions relating to integration, as EU long-term residents and their families are deemed to be integrated in the host society. Furthermore, given that respect for family life and its protection is an essential element for the integration of EU long-term residents, the residence permit for the children of EU long-term residents should be interconnected to their residence permit. When a person acquires EU long-term resident status, his or her dependent children who are residing with them should acquire the EU long-term resident status automatically in the territory of the EU Member State having issued the EU long-term residence permit to that person, in particular without being subject to the requirement of prior residence.
2022/12/08
Committee: LIBE
Amendment 192 #

2022/0134(COD)

Proposal for a directive
Recital 27
(27) As family life should be respected and its protection is an essential element of the integration of EU long-term residents, children of EU long-term residents who are born or adopted in the territory of the EU Member State having issued to the latter the EU long-term residence permit should acquire the EU long-term resident status in that Member State automatically, in particular without being subject to the requirement of prior residence.deleted
2022/12/08
Committee: LIBE
Amendment 201 #

2022/0134(COD)

Proposal for a directive
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures and access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower than the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, and training programmes provided to the competent migration authorities. Member States should not be permitted to change the conditions for the renewal of the EU long-term residency for those persons who have acquired the status in the past or introduce additional requirements.
2022/12/08
Committee: LIBE
Amendment 202 #

2022/0134(COD)

Proposal for a directive
Recital 29
(29) Member States should ensure a level playing field between EU long-term residence permits and national residence permits of permanent or unlimited validity, in terms of procedural and equal treatment rights, procedures andto obtain the respective statuses as well as access to information. In particular, Member States should ensure that the level of procedural safeguards and rights granted to EU long- term residents and their family members is not lower thanequal to the level of procedural safeguards and rights enjoyed by holders of national residence permits of permanent or unlimited validity. Member States should also ensure that applicants for an EU long- term residence permit are not required to pay higher fees for the processing of their application than applicants for national residence permits. Finally, Member States should engage in the same level of information, promotion and advertisement activities with respect to the EU long-term residence permit as they do for national residence permits of permanent or unlimited validity, for example with regard to information on national websites on legal migration and information campaigns, including the provision of that information indifferent languages, including English, and training programmes provided to the competent migration authorities.
2022/12/08
Committee: LIBE
Amendment 204 #

2022/0134(COD)

Proposal for a directive
Recital 30
(30) Residence of EU long-term residents in other Member States should be facilitated and promoted. Establishing the conditions subject to which the right to reside in another Member State may be acquired by third-country nationals who are EU long- term residents should contribute to the effective attainment of an internal market as an area in which the free movement of persons is ensured. The occupational and geographical mobility of third-country nationals who are already EU long-term residents in one Member State should be recognised as an important contributor to improving labour market efficiency across the Union, to addressing skills shortages and to offsetting regional imb, to supporting sustainable economic growth and to rebalancing disparities within and between regions. Furthermore, the intra-EU mobility of EU long-term residents and their family members can have social ancd cultural added value for EU Member States.
2022/12/08
Committee: LIBE
Amendment 208 #

2022/0134(COD)

Proposal for a directive
Recital 34
(34) In order to facilitate the intra-EU mobility of EU long-term residents for the exercise of an economic activity in an employed or self-employed capacity, noLabour market checks constitute a barrier to effective intra-EU mobility. Therefore, Member States should not carry out any check of the labour market situation should be carried outin a second Member State when examining applications for residence in athat second Member State for the exercise of an economic activity in an employed or self-employed capacity.
2022/12/08
Committee: LIBE
Amendment 211 #

2022/0134(COD)

Proposal for a directive
Recital 35
(35) As soon as an EU long-term resident submits a complete application for residence in a second Member State within the deadline provided for in this Directive, it should be possible for that Member State to allow the EU long-term resident to begin employment or study. EU long-term residents should be entitled to begin employment or study at the latest 30 days after submitting the application for residenceAt the latest 30 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that he or she is entitled to begin employment or study in the second Member State.
2022/12/08
Committee: LIBE
Amendment 215 #

2022/0134(COD)

Proposal for a directive
Recital 36
(36) Where EU long-term residents intend to apply for residence in a second Member State in order to exercise a regulated profession, their professional diplomas, certificates and other qualifications should be recognised in the same way as those of Union citizens exercising the right to free movement, in accordance with Directive 2005/36/EC and other applicable Union and national law.
2022/12/08
Committee: LIBE
Amendment 222 #

2022/0134(COD)

Proposal for a directive
Recital 40
(40) In order to ensure that the criteria for residence in the second Member State continue to be fulfilled, the second Member State should be allowed to require that EU long-term residents and their family members communicate to the competent authorities anythe changes of employer or economic activity which materially affect their financial circumstances. The communication procedure should not suspend the right of the persons concerned to pursue the economic activity in an employed or self- employed capacity, and nothe Member State should not carry out any check of the labour market situation should be carried outwhen assessing the information submitted.
2022/12/08
Committee: LIBE
Amendment 224 #

2022/0134(COD)

Proposal for a directive
Recital 41
(41) Third-country nationalEU long-term residents should be granted the possibility of acquiring EU long-term resident status in the Member State where they have moved and have decided to settle under the same conditions as those required for its acquisition in the first Member State. However, the required period of residence in the second Member State should be three years and it should not be possible to cumulate periods of residence in different Member States. In that case, iIt should be left to the second Member State to decide whether it will grant social assistance, or maintenance assistance for studies, including vocational training, to EU long-term residents other than those who are workers or self- employed persons or their family members, prior to the completion of five years of legal and continuous residence in its territory, bearing in mind that Union citizens who have exercised free movement rights in a capacity other than that of workers or self-employed persons in accordance with Directive 2004/38/EC or Article 21 TFEU, or their family members, may also be refused such benefits prior to the completion of five years of legal and continuous residence. The second Member State may decide to grant such assistance to EU long-term residents prior to the completion of five years of legal and continuous residence, provided that it ensures the same treatment to Union citizens exercising free movement rights in accordance with Directive 2004/38/EC or Article 21 TFEU, other than workers, self- employed persons or persons who retain such status, their family members, as well as third-country nationals enjoying the right of free movement equivalent to that of Union citizens under an agreement between the Union and its Member States, on the one hand, and third countries on the other, and their family members. Notwithstanding the above, Member States should, in accordance with national law or practice, provide social assistance to an EU long-term resident in the case of injury, accident or disease that is due to work and which results in the EU long-term resident’s incapacity to work. Furthermore, prior to the completion of five years of legal and continuous residence in that Member State, where an EU long-term resident has ceased an employed or self-employed activity and he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover within six months, his or her legal stay may be ended on that ground so as not to become an unreasonable burden on the social assistance system of the second Member State, his/her legal stay may be ended on that ground, bearing in mind that Union citizens who have exercised free movement rights and their family members may be expelled in such a situation.
2022/12/08
Committee: LIBE
Amendment 229 #

2022/0134(COD)

Proposal for a directive
Article 3 – paragraph 2 – point e
(e) reside solely on temporary grounds such as au pair or seasonal worker, or as workers posted by a service provider for the purposes of cross- border provision of services, or as cross- border providers of services ;
2022/12/08
Committee: LIBE
Amendment 231 #

2022/0134(COD)

Proposal for a directive
Article 3 – paragraph 2 – point f a (new)
(fa) resides in a Member State solely through the acquisition of a residence permit granted through any kind of investment scheme, or who is currently residing under another residence permit other than one granted through investment schemes, but has previously resided in a Member state through a permit granted from any kind of investment schemes;
2022/12/08
Committee: LIBE
Amendment 236 #

2022/0134(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Notwithstanding paragraph 3 of this article, Member States shall grant EU long- term resident status to third-country nationals who have resided legally and continuously within its territory for fivthree years immediately prior to the submission of the relevant application.
2022/12/08
Committee: LIBE
Amendment 246 #

2022/0134(COD)

Proposal for a directive
Article 4 – paragraph 3
3. Member States shall allow third- country nationals to cumulate periods of residence in different Member States in order to fulfil the requirement concerning the duration of residence, provided that they have accumulated twoone years of legal and continuous residence within the territory of the Member State where the application for EU long-term resident status is submitted immediately prior to the submission of the application. For the purpose of cumulating periods of residence in different Member States, Member States shall not take into account periods of residence as a holder of a residence permit granted on the basis of any kind of investment in another Member State.
2022/12/08
Committee: LIBE
Amendment 266 #

2022/0134(COD)

Proposal for a directive
Article 5 – paragraph 4
4. Where Member States issue national residence permits in accordance with Article 14, they shall not require EU long-term resident permit applicants to comply with stricter resources and integration conditions than those imposed on applicants for such national residence permits. conditions and requirements that are stricter than those imposed on applicants for such national residence permits, such as conditions and requirements related to resources, integration or administrative application procedures. Integration conditions shall not be set out with the purpose of hindering or preventing the objective of promoting the integration of third-country nationals.
2022/12/08
Committee: LIBE
Amendment 277 #

2022/0134(COD)

Proposal for a directive
Article 6 – paragraph 1 a (new)
1a. The decision made on the basis of paragraph 1 shall be duly substantiated and communicated to the person concerned, specifying the procedure to appeal the decision.
2022/12/08
Committee: LIBE
Amendment 281 #

2022/0134(COD)

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
The competent national authorities shall give the applicant written notification of the decision as soon as possible and in any event no later than sixthree months from the date on which the complete application was lodged. Any such decision shall be notified to the third-country national concerned in accordance with the notification procedures under the relevant national legislation.
2022/12/08
Committee: LIBE
Amendment 283 #

2022/0134(COD)

Proposal for a directive
Article 7 – paragraph 2 – subparagraph 2
Where the documents presented or information provided in support of the application are inadequate or incomplete, the competent authorities shall notify the applicant of the additional documents or information that are required and shall set a reasonable deadline for presenting or providing them. The reasonable deadline shall not be stricter than the equivalent deadline imposed on applicants for national permits. The period referred to in the first subparagraph shall be suspended until the authorities have received the additional documents or information required. If the additional documents or information required have not been provided within that deadline, the application may be rejected. In addition, the competent authority should accept documentary evidence to determine by national law that he/she meets the conditions set out in Articles 4 and 5 in any of the official EU languages, and, at the latest 30 days after the submission of the application for residence by an EU long-term resident, Member States should ensure that he or she is entitled to begin employment or to study.
2022/12/08
Committee: LIBE
Amendment 291 #

2022/0134(COD)

Proposal for a directive
Article 8 – paragraph 1 a (new)
1a. Member States are prohibited from introducing any conditions for the renewal of the EU long-term residency status to those persons that have acquired the status.
2022/12/08
Committee: LIBE
Amendment 341 #

2022/0134(COD)

Proposal for a directive
Article 12 – paragraph 7
7. Where Member States issue national residence permits in accordance with Article 14, they shall grant EU long- term resident permit holders the same equal treatment rights as those granted to holders of national residence permits, where such equal treatment rights are more favourable than those provided for in this Articlewhich grant equal treatment rights that are more favourable than those provided for in this Article, Member States shall ensure that EU long- term residents are also granted those equal treatment rights.
2022/12/08
Committee: LIBE
Amendment 344 #

2022/0134(COD)

Proposal for a directive
Article 13 – paragraph 1 a (new)
1a. Where a decision ending the legal stay of an EU long-term resident has been adopted, the national authorities shall duly inform the person concerned in written communication. The judicial redress mechanism as well as the right of the person to reside on the territory until all appeals have been exhausted, as specified in Article 7, shall be included in the written communication.
2022/12/08
Committee: LIBE
Amendment 355 #

2022/0134(COD)

Proposal for a directive
Article 13 – paragraph 7
7. Where a decision ending the legal stay of an EU long-term resident has been adopted, a judicial redress procedure shall be available to the EU long-term resident in the Member State concerned. The legal stay cannot be ended before all appeals have been exhausted before the court of law.
2022/12/08
Committee: LIBE
Amendment 363 #

2022/0134(COD)

Proposal for a directive
Article 15 – paragraph 1
1. TheDependent children ofresiding with an EU long-term resident who are born or adopted in the territoryin of the Member State that issued him/her the EU long-term residence permit shall acquire EU long- term resident status automatically in the territory of the Member State that issued the parent the EU long-term residence permit, without being subject to the conditions set out in Articles 4 and 5. The EU long-term resident shall lodge an application with the competent authorities of the Member State in which he/she resides to obtain the EU long-term resident permit for his/her child.
2022/12/08
Committee: LIBE
Amendment 369 #

2022/0134(COD)

Proposal for a directive
Article 15 – paragraph 4
4. By way of derogation from Article 14(2) of Directive 2003/86/EC, Member States shall not examine the situation of their labour market in relation to the family members concerned.
2022/12/08
Committee: LIBE
Amendment 385 #

2022/0134(COD)

Proposal for a directive
Article 17 – paragraph 3 – subparagraph 3
Without prejudice to the second subparagraph, the persons concerned may be required to attend language courses. However, Member States shall not require the EU long-term residence permit applicant to comply with conditions for the acquisition of the permit that are stricter than those imposed on applicants for such national residence permits in the second Member State, such as conditions and requirements related to resources, integration or administrative application procedures.
2022/12/08
Committee: LIBE
Amendment 389 #

2022/0134(COD)

Proposal for a directive
Article 17 – paragraph 4 – subparagraph 1
The application shall be accompanied by documentary evidence, to be determined by national law, that the persons concerned meet the relevant conditions, as well as by their long-term resident permit and a valid travel or identification document or their certified copies.
2022/12/08
Committee: LIBE
Amendment 392 #

2022/0134(COD)

Proposal for a directive
Article 17 – paragraph 4 – subparagraph 3
With regard to the exercise of an economic activity in a regulated profession as defined in Article 3(1), point (a), of Directive 2005/36/EC, for the purpose of applying for a residence permit in a second Member State, EU long-term residents shall enjoy equal treatment with Union citizens as regards recognition of professional diplomas, certificates and other qualifications, in accordance with applicable Union and national law.
2022/12/08
Committee: LIBE
Amendment 393 #

2022/0134(COD)

Proposal for a directive
Article 17 – paragraph 5
5. The EU long-term resident shall be allowed to commence work or study in the second Member State not later than 30 days after the date of submission of the complete application. At the latest 30 days after the submission of the complete application by an EU long-term resident, Member States shall ensure that he or she is entitled to begin employment or study in the second Member State. Furthermore, the authorities of the Second Member state shall not examine the situation of their labour market when assessing the application of a Long-Term Residence permit.
2022/12/08
Committee: LIBE
Amendment 409 #

2022/0134(COD)

Proposal for a directive
Article 24 – paragraph 2 – subparagraph 2
Member States may provide that the EU long-term residents and their family members who exercise an economic activity in an employed or self-employed capacity communicate to the competent authorities anythe changes of employer or economic activity which materially affect their financial circumstances. Such requirement shall not affect the right of the persons concerned to take up and carry out the new activity.
2022/12/08
Committee: LIBE
Amendment 424 #

2022/0134(COD)

Proposal for a directive
Article 26 – paragraph 2
2. By way of derogation from Article 4(1) and (3), the second Member State shall grant EU long-term resident status to third- country nationals who, after have acquiringed the right to reside in accordance with this Chapter, have legally and continuously resided within its territory for three years immediately prior to the submission of the relevant application.
2022/12/08
Committee: LIBE
Amendment 429 #

2022/0134(COD)

Proposal for a directive
Article 26 – paragraph 3 – subparagraph 2 a (new)
By way of derogation from the first subparagraph, the second Member State shall, in accordance with national law or practice, provide social assistance to an EU long-term resident in the case of injury, accident or disease that is due to work and which results in the EU long- term resident’s incapacity to work.
2022/12/08
Committee: LIBE
Amendment 432 #

2022/0134(COD)

Proposal for a directive
Article 26 – paragraph 4
4. By way of derogation from Article 13(2), and solely prior to the completion of five years of legal and continuous residence in its territory, the second Member State may take a decision to end the legal stay of an EU long-term resident who has ceased an employed or self- employed activity, where he/she does not have sufficient resources for himself/herself and his/her family members and comprehensive sickness insurance cover within six months so as not to become an unreasonable burden on its social assistance system.
2022/12/08
Committee: LIBE
Amendment 438 #

2022/0134(COD)

Proposal for a directive
Article 28 – paragraph 2
In the aforementioned report, the Commission shall specifically assess the impacts of the required residence period set out in Article 4(1) on the integration of third-country nationals, including the possible benefits of reducing this period, taking into account, inter alia, the different factors relevant for the integration of third- country nationals across Member States. The Commission shall also assess the possibility of establishing a network between the Member States’ labour ministries, for the purpose of sharing information on national labour market forecasts and anticipated shortages in sectors for which cooperation with third countries and the development of talent partnerships should be considered.
2022/12/08
Committee: LIBE
Amendment 62 #

2022/0131(COD)

Proposal for a directive
Recital 6
(6) This Directive should cover employment relationships between third- country workers and employers. Where a Member State’s national law allows admission of third-country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such agencies should notalso be exincluded fromin the scope of this Directive.
2022/11/16
Committee: EMPL
Amendment 70 #

2022/0131(COD)

Proposal for a directive
Recital 13
(13) The deadline for adopting a decision on the application should include both the time required for issuing a visa, where needed, and the time required to comply with the checks of the labour market situations.
2022/11/16
Committee: EMPL
Amendment 90 #

2022/0131(COD)

Proposal for a directive
Recital 29
(29) Union law does not, and should not, limit the power of the Member States to organise their social security schemes. It is for each Member State to lay down the conditions under which social security benefits are granted, as well as the amount of such benefits and the period for which they are granted. However, when exercising that power, Member States should comply with Union law.
2022/11/16
Committee: EMPL
Amendment 97 #

2022/0131(COD)

Proposal for a directive
Recital 32
(32) To ensure the proper enforcement of this Directive, Member States should ensure that appropriate mechanisms are in place for the monitoring of employers and that, where appropriate, effective and adequate inspections in accordance with national law or practices, are carried out on their respective territories. The selection of employers to be inspected should be based primarily on a risk assessment to be carried out by the competent authorities in the Member States taking into account factors such as the sector in which a company operates and any past record of infringement.
2022/11/16
Committee: EMPL
Amendment 99 #

2022/0131(COD)

Proposal for a directive
Recital 4
(4) A set of rules governing the procedure for examination of the application for a single permit should be laid down. That procedure should be effective and manageable, taking account of the normal workload of the Member States’ administrations, as well as transparent and fair, in order to offer appropriate legal certainty to those concerned. Member States should also make sure that the application procedure itself is as harmonised and coordinated as possible.
2022/12/09
Committee: LIBE
Amendment 100 #

2022/0131(COD)

Proposal for a directive
Recital 33
(33) Member States should also put in place effective mechanisms through which third-country workers may seek legal redress and lodge complaints directly or through third parties having, in accordance wcompetent authorities. When granting the single permith, the criteria laid down by the national law, a legitimmechanisms for legal redress and lodging complaints should be communicated interest in ensuring compliance with this Directive, such as trade un an accessible way to the third-country workers including the provisions or other associations, or competent authoritif that information in relevant languages. That is considered necessary to address situations where third-country workers are unaware of the existence of enforcement mechanisms or hesitant to use them in their own name, for example out of fear of possible consequences. Where provided for in accordance with the criteria laid down by the national law, practices or applicable collective agreements, it should also be possible that complaints be lodged, with the consent of the third-country worker, by third parties having a legitimate interest in ensuring that this Directive is complied with.
2022/11/16
Committee: EMPL
Amendment 104 #

2022/0131(COD)

Proposal for a directive
Recital 6
(6) This Directive should cover employment relationships between third- country workers andor third country nationals undergoing an apprenticeship and the employers. Where a Member State’s national law allows admission of third- country nationals through temporary work agencies established on its territory and which have an employment relationship with the worker, such agencies should not be excluded from the scope of this Directive.
2022/12/09
Committee: LIBE
Amendment 109 #

2022/0131(COD)

Proposal for a directive
Recital 12
(12) The provisions of this Directive on the single application procedure and on the single permit should not concern uniform or long-stay visas , with the exception of the obligation for Member States to issue the requisite visa within the deadline of four month90 days set out to adopt a decision on the Single Permit .
2022/12/09
Committee: LIBE
Amendment 111 #

2022/0131(COD)

Proposal for a directive
Recital 34
(34) The single permit should authorise the third-country national to change the employer during the period of its validity. Member States should be able to require a notification of the change and to check the labour market situation where a cha. In the event of the unemployment of the single of employer takes place. The singlpermit holder, the permit should not be withdrawn during a period of at least three months in the event of the unemployment of its holdersix months.
2022/11/16
Committee: EMPL
Amendment 114 #

2022/0131(COD)

Proposal for a directive
Recital 14
(14) To this end, Member States should only carry out one substantial check of the documentation submitted by the applicant for the issuing of both a single permit and the requisite visa in order to avoid duplication of work and prolonging the procedures. Furthermore, Member States should require applicants to submit the relevant documentation only once. Documents can be submitted in electronic or in paper format. The application can be made in the language of the Member State, or in the English language if the employer agrees.
2022/12/09
Committee: LIBE
Amendment 117 #

2022/0131(COD)

Proposal for a directive
Recital 16
(16) The deadline for adopting a decision on the application should, however , not include the time required for the recognition of professional qualifications . This Directive should be without prejudice to national procedures on the recognition of diplomas.deleted
2022/12/09
Committee: LIBE
Amendment 119 #

2022/0131(COD)

Proposal for a directive
Article 2 – paragraph 1 – point c
(c) ‘employer’ means any natural person or any legal entity, including temporary work agencies, for or under the direction and/or supervision of whom the employment is undertaken;, as defined by the national law, collective agreements or practice in force in each Member State.
2022/11/16
Committee: EMPL
Amendment 123 #

2022/0131(COD)

Proposal for a directive
Recital 20
(20) The conditions and criteria on the basis of which an application to issue, amend or renew a single permit can be rejected, or on the basis of which the single permit can be withdrawn, should be objective, proportionate and should be laid down in national law including the obligation to respect the principle of Union preference as expressed in particular in the relevant provisions of the 2003 and 2005 Acts of Accession. Rejection and withdrawal decisions should be duly reasoned and communicated in writing to the third country national concerned or to the employer filing on his/her behalf.
2022/12/09
Committee: LIBE
Amendment 128 #

2022/0131(COD)

Proposal for a directive
Recital 26
(26) A Member State should recognise occupational, regulated and unregulated professional qualifications acquired by a third-country national in another Member State in the same way as those of citizens of the Union and should take into account qualifications acquired in a third country in accordance with Directive 2005/36/EC of the European Parliament and of the Council47 . The right to equal treatment accorded to third-country workers as regards recognition of diplomas, certificates and other professional qualifications in accordance with the relevant national procedures should be without prejudice to the competence of Member States to admit such third-country workers to their labour market. _________________ 47 Directive 2005/36/EC on the recognition of professional qualifications (OJ L 255, 30.9.2005, p. 22).
2022/12/09
Committee: LIBE
Amendment 147 #

2022/0131(COD)

Proposal for a directive
Article 5 – paragraph 2 – subparagraph 2
The time limit referred to in the first subparagraph shall cover checking the labour market situation and issuing the requisite visa referred to in Article 4(3). The time limit may be extended in exceptional circumstances, linked to the complexity of the examination of the application.
2022/11/16
Committee: EMPL
Amendment 148 #

2022/0131(COD)

Proposal for a directive
Article 3 – paragraph 1 – point c a (new)
(c a) third country nationals who apply to reside in a Member State for the purpose of optaining an apprenticeship
2022/12/09
Committee: LIBE
Amendment 178 #

2022/0131(COD)

Proposal for a directive
Article 5 – paragraph 4
4. If the information or documents in support of the application are incomplete according to the criteria specified in national law, the competent authority shall notify the applicant in writing of the additional information or documents required, setting a reasonable deadline to provide them. The time limit referred to in paragraph 2 shall be suspended until the competent authority or other relevant authorities have received the additional information required. If the additional information or documents is not provided within the deadline set, the competent authority may reject the applicationThird country nationals or employers filing the single permit may submit additional information or documents required in an electronic format and in the English language, if agreed by the employer.
2022/12/09
Committee: LIBE
Amendment 181 #

2022/0131(COD)

Proposal for a directive
Article 6 – paragraph 1 – subparagraph 1
Member States shall issue a single permit using the uniform format as laid down in Regulation (EC) No 1030/2002 and shall indicate the information relating to the permission to work in accordance with points (a)12 and 16 of the Annex thereto. The permit shall have a minimum period of validity equivalent to the duration of the employment contract or of two years, if the employment contract is shorter.
2022/12/09
Committee: LIBE
Amendment 189 #

2022/0131(COD)

Proposal for a directive
Article 8 – paragraph 3
3. An application may be considered as inadmissible on the grounds of volume of admission of third-country nationals coming from third countries for employment and, on that basis, need not to be processed.deleted
2022/12/09
Committee: LIBE
Amendment 190 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Within the period of validity referred to in paragraph 1, Member States may: require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law.
2022/11/16
Committee: EMPL
Amendment 194 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law,deleted
2022/11/16
Committee: EMPL
Amendment 194 #

2022/0131(COD)

Proposal for a directive
Article 9 – paragraph 1 – introductory part
Member States shall make easily accessible, and provide free of charge upon request:
2022/12/09
Committee: LIBE
Amendment 197 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) require that a change of employer be subject to a check of the labour market situation.deleted
2022/11/16
Committee: EMPL
Amendment 198 #

2022/0131(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a
(a) adequate information to the third- country national and the futurprospective employer on all the documentary evidence needed for an application as well as the applicable fees;
2022/12/09
Committee: LIBE
Amendment 201 #

2022/0131(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b
(b) information on entry and residence conditions, including the rights, obligations and procedural safeguards of the third- country nationals and of their family members, as well as information on mechanisms for filing complaints and seeking legal redress.
2022/12/09
Committee: LIBE
Amendment 205 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 2
The right of the single permit holder to pursue such a change of employer may be suspended for a maximum of 30 days while the Member State concerned checks the labour market situation and verifies that the requirements laid down by Union or national law are fulfilled. The Member State concerned may oppose the change of employment within those 30 days, if the Member State considers that there is a risk of labour exploitation.
2022/11/16
Committee: EMPL
Amendment 208 #

2022/0131(COD)

Proposal for a directive
Article 10 – paragraph 1
Member States may require applicants to paythe payment of fees, where appropriate, for processing applications in accordance with this Directive. The level of such fees shall be proportionate, not excessive, and shall be based on the services actually provided for the processing of applications and the issuance of permits. Where the fee for the application is paid for by the employer, the employer shall not be entitled to recover the fee from the third country national afterwards.
2022/12/09
Committee: LIBE
Amendment 209 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 4
4. Within the period of validity referred to in paragraph 1, the single permit shall not be withdrawn during a period of at least threesix months in the event of unemployment of its holder. Member States shall allow the third-country national to stay in their territory until the competent authorities have taken a decision in accordance with paragraph 3, point (b), as relevant, even if that period of at least threesix months expired.
2022/11/16
Committee: EMPL
Amendment 212 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 1 – point a
(a) to enter, re-enter and reside in the territory of the Member State issuing the single permit, provided that the holder meets all admission requirements in accordance with national law;
2022/12/09
Committee: LIBE
Amendment 214 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a
(a) working conditions, including pay and dismissalremuneration, working time, leave entitlements, dismissal procedures as well as health and safety at the workplace;
2022/11/16
Committee: EMPL
Amendment 214 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 1 – point b
(b) have free access to the entire territory of the Member State issuing the single permitEuropean Union within the limits provided for by national law;
2022/12/09
Committee: LIBE
Amendment 221 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Within the period of validity referred to in paragraph 1, Member States shall allow a single permit holder to be employed by a different employers than the first employer with whom the permit holder concluded a contract of employment, including in different Member States.
2022/12/09
Committee: LIBE
Amendment 222 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point c
(c) education and training including where applicable occupational training entitlements;
2022/11/16
Committee: EMPL
Amendment 223 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other professional qualificationand occupational qualifications as well as skills and competences in accordance with the relevant national procedures;
2022/11/16
Committee: EMPL
Amendment 224 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – introductory part
Within the period of validity referred to in paragraph 1, Member States may require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law:
2022/12/09
Committee: LIBE
Amendment 225 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point e
(e) access to branches of social security, as defined in Regulation (EC) No 883/2004;
2022/11/16
Committee: EMPL
Amendment 225 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point a
(a) require that a change of employer be communicated to the competent authorities in the Member State concerned, in accordance with procedures laid down in national law,deleted
2022/12/09
Committee: LIBE
Amendment 228 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point g
(gi) access to goods and services and, in particular public services, and (ii) the supply of goods and services made available to the public including access to private housing and to procedures for obtaining access to public and private housing as provided by national law, without prejudice to the freedom of contract in accordance with Union and national law;
2022/11/16
Committee: EMPL
Amendment 229 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point h
(h) individualised advice services and support afforded by employment offices.
2022/11/16
Committee: EMPL
Amendment 229 #

2022/0131(COD)

Proposal for a directive
Article 11 – paragraph 3 – subparagraph 1 – point b
(b) require that a change of employer be subject to a check of the labour market situation.deleted
2022/12/09
Committee: LIBE
Amendment 238 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 2 – point d – point ii
(ii) restricting access to public housing;deleted
2022/11/16
Committee: EMPL
Amendment 239 #

2022/0131(COD)

Proposal for a directive
Article 12 – subparagraph 1 a (new)
Member States shall inform third country nationals of any such restrictions applicable when they issue the single permit.
2022/11/16
Committee: EMPL
Amendment 240 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 4
4. Third-country workers moving to a third country, or their survivors who reside in a third country and who derive rights from those workers, shall receive, in relation to old age, invalidity and death, statutory pensions based on those workers’ previous employment and acquired in accordance with the legislation referred to in Article 3 of Regulation (EC) No 883/2004, under the same conditions and at the same rates as the nationals of the Member States concerned when they move to a third country. In cases where no bilateral social security agreement exists between the Member State and the third country in question, any resulting difficulty for former single permit holders to receive their pension entitlements shall be addressed by the Member State in a timely and effective manner.
2022/11/16
Committee: EMPL
Amendment 242 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point a
(a) working conditions, including payremuneration, working time, leave entitlements and dismissal as well as health and safety at the workplace;
2022/12/09
Committee: LIBE
Amendment 243 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point c
(c) education and trainingincluding where applicable occupational training entitlements;
2022/12/09
Committee: LIBE
Amendment 244 #

2022/0131(COD)

Proposal for a directive
Article 12 – paragraph 1 – point d
(d) recognition of diplomas, certificates and other occupational and professional qualifications in accordance with the relevant national procedures;
2022/12/09
Committee: LIBE
Amendment 253 #

2022/0131(COD)

Proposal for a directive
Article 13 – paragraph 3
3. Member States shall ensure that services in charge of inspection of labour or other competent authorities and, wre sufficiently resourced and have access to the workplace. Where provided for under national law in respect of national workersor practice, organisations representing workers’ interests havemay also be granted access to the workplace.
2022/11/16
Committee: EMPL
Amendment 257 #

2022/0131(COD)

Proposal for a directive
Article 14 – paragraph 1 – introductory part
1. Member States shall ensure that there are effective mechanisms through which third-country workers may lodge complaints against their employers: directly, or through a designated competent authority of the Member State when provided for by national law. Where provided for in accordance with the criteria laid down by the national law, practices or applicable collective agreements, complaints may also be lodged, with the consent of the third- country worker, by third parties having a legitimate interest in ensuring that this Directive is complied with.
2022/11/16
Committee: EMPL
Amendment 261 #

2022/0131(COD)

Proposal for a directive
Article 14 – paragraph 1 – point a
(a) directly; ordeleted
2022/11/16
Committee: EMPL
Amendment 263 #

2022/0131(COD)

Proposal for a directive
Article 14 – paragraph 1 – point b
(b) through third parties which have, in accordance with the criteria laid down by their national law, a legitimate interest in ensuring compliance with this Directive; ordeleted
2022/11/16
Committee: EMPL
Amendment 265 #

2022/0131(COD)

Proposal for a directive
Article 14 – paragraph 1 – point c
(c) through a competent authority of the Member State when provided for by national law.deleted
2022/11/16
Committee: EMPL
Amendment 266 #

2022/0131(COD)

Proposal for a directive
Article 14 – paragraph 2
2. When provided for in accordance with the criteria laid down by the national law, practices, or applicable collective agreements, Member States shall ensure that third parties referred to in paragraph 1, point (b) may engage either on behalf of or in support of a third-country worker, with his or her approval, in any judicial and/or administrative procedures aimed at enforcing compliance with this Directive.
2022/11/16
Committee: EMPL
Amendment 272 #

2022/0131(COD)

Proposal for a directive
Article 14 – paragraph 3 – point a
(a) measures protecting against dismissal or other adverse treatment or consequences by the employer as a reaction to a complaint within the undertaking; orand to
2022/11/16
Committee: EMPL
Amendment 185 #

2022/0066(COD)

Proposal for a directive
Recital 1
(1) The purpose of this Directive is to provide a comprehensive framework to effectively combat violence against women and domestic violence throughout the Union. It does so by strengthening and introducing measures in the following areas: the definition of relevant criminal offences and penalties, the protection of victims and access to justice, victim support, prevention, coordination and cooperation at national and EU-level by ensuring a multi-agency and multi- disciplinary approach and enhanced data collection on violence against women and domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 213 #

2022/0066(COD)

Proposal for a directive
Recital 2 a (new)
(2 a) Gender-based violence is a serious obstacle to the participation of women and girls and other victims in in all spheres of private and public life and make them unable to fully enjoy their rights and fundamental freedoms.
2023/02/02
Committee: LIBEFEMM
Amendment 215 #

2022/0066(COD)

Proposal for a directive
Recital 3
(3) Violence against women and domestic violence violate fundamental rights such as the right to human dignity, the right to life and integrity of the person, the prohibition of inhuman or degrading treatment or punishment, the right to respect for private and family life, personal data protectionthe right to liberty and security, personal data protection, the right to freedom from discrimination, including on the grounds of sex, and the rights of the child, as enshrined in the Charter of Fundamental Rights of the European Union.
2023/02/02
Committee: LIBEFEMM
Amendment 217 #

2022/0066(COD)

Proposal for a directive
Recital 3 a (new)
(3a) The possibility to have a common EU framework gender-based violence and protecting its victims is currently limited due to the available legal basis. In order to finally have a comprehensive EU framework for fighting against all forms of gender-based violence and properly protecting victims, it is imperative to urgently extend the areas of crime in accordance with Article 83(1) of the Treaty on the Functioning of the EU to include gender-based violence.
2023/02/02
Committee: LIBEFEMM
Amendment 218 #

2022/0066(COD)

Proposal for a directive
Recital 3 b (new)
(3b) The Council of Europe Convention on preventing and combating violence against women (‘Istanbul Convention’) is the first legally binding international instrument on preventing and combating violence against women and girls at international level. Although six Member States - Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia - have not ratified the Convention, the European Court of Justice clarified in its Opinion of 6 October 2021 that the Council may not make finding a 'common accord' a prerequisite for the decision on accession to the Convention by the EU, which should be made based on a qualified majority. The Council should therefore abide by the ruling of the Court and ratify the Istanbul Convention as soon as possible by qualified majority.
2023/02/02
Committee: LIBEFEMM
Amendment 220 #

2022/0066(COD)

Proposal for a directive
Recital 4
(4) This Directive should apply to criminal conduct which amounts to violence against women or domestic violence, as criminalised under Union or national law. This includes the criminal offences defined in this Directive, namely rape, female genital mutilation, forced sterilisation, forced prostitution, the non- consensual sharing of intimate or manipulated material, cyber stalking, cyber harassment, cyber incitement to violence or hatred and criminal conduct covered by other Union instruments, in particular Directives 2011/36/EU36 and 2011/93/EU37 of the European Parliament and of the Council, which define criminal offences concerning the sexual exploitation of children and trafficking of human beings for the purpose of sexual exploitation. Lastly, certain criminal offences under national law fall under the definition of violence against women. This includes crimes such as femicide, sexual harassment, sexual abuse, stalking, early and forced marriage, forced abortion, forced sterilisation , so-called “honour crimes”, and different forms of cyber violence, such as online sexual harassment, cyber bullying or the unsolicited receipt of sexually explicit material material, as well as the denial of sexual and reproductive health and rights, including the right to safe and legal abortion. Domestic violence is a form of violence which may be specifically criminalised under national law or covered by criminal offences which are committed within the family or domestic unit or between former or current spouses or partners. _________________ 36 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1–11. 37 Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA, OJ L 335, 17.12.2011, p. 1– 14.
2023/02/02
Committee: LIBEFEMM
Amendment 230 #

2022/0066(COD)

Proposal for a directive
Recital 4 a (new)
(4a) Sexual and reproductive health and rights (SRHR), including safe and legal abortion care, constitute a fundamental right. Criminalising, delaying and denying access to SRHR constitutes a form of violence against women and girls. These restrictions and bans do not reduce the number of abortions, but only force people to travel long distances or to resort to unsafe abortions and affect the people who are most lacking in resources and information. Despite general progress in SRHR protection, backsliding on the right to access safe and legal abortion is currently a grave concern, including in some Member States, such as Poland, Slovakia, Hungary. Therefore, to protect fundamental rights, the right to safe and legal abortion should be included in the Charter of Fundamental Rights of the EU, as already called for by the European Parliament.1a _________________ 1a European Parliament’s resolution of 7th July 2022 on the US Supreme Court decision to overturn abortion rights in the United States and the need to safeguard abortion rights and women’s health in the EU
2023/02/02
Committee: LIBEFEMM
Amendment 247 #

2022/0066(COD)

Proposal for a directive
Recital 6
(6) Due to their vulnerability, children who witness violence against women or domestic violence suffer a direct emotional, the so called “witness violence”, and psychological harm, which impacts their development. Therefore, such children should always be considered victims and benefit from targeted protection measures.
2023/02/02
Committee: LIBEFEMM
Amendment 251 #

2022/0066(COD)

Proposal for a directive
Recital 6 a (new)
(6a) Special attention should also be paid to children orphans due to violence against women and domestic violence, as they are faced by a situation of special vulnerability, with the psychological and emotional impact that this entails. These children must have targeted protection measures and support, particularly during relevant criminal and civil proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 262 #

2022/0066(COD)

Proposal for a directive
Recital 7
(7) Violence against women is a violation of human rights and a persisting manifestation of structural discrimination against women, resulting from historically unequal power relations between women and men. It is a form of gender-based violence, which is inflicted primarily on women and girls, by men. It is rooted in the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men, generally referred to under the term ‘gender’.
2023/02/02
Committee: LIBEFEMM
Amendment 269 #

2022/0066(COD)

Proposal for a directive
Recital 8
(8) Domestic violence is a serious social problem which often remains hidden. It can lead to serious psychological and physical trauma with severe consequences because the offender typically is a person known to the victims, whom they would expect to be able to trust. Such violence can take on various forms, including physical, sexual, psychological, emotional, and economic and can occur within a range of relationships. Victims of domestic violence include not only partners, but also children or other relatives. Domestic violence may occur whether or not the offender shares or has shared a household with the victim.
2023/02/02
Committee: LIBEFEMM
Amendment 282 #

2022/0066(COD)

Proposal for a directive
Recital 10
(10) This Directive supports the international commitments the Member States have undertaken to combat and prevent violence against women and domestic violence, in particular the United Nations Convention on the Elimination of all forms of Discrimination Against Women (CEDAW)39 and, where relevant, the Council of Europe Convention on preventing and combating violence against women and domestic violence (‘Istanbul Convention’)40 and the International Labour Organization’s Convention concerning the elimination of violence and harassment in the world of work, signed on 21 June 2019 in Geneva, as well as the United Nations Convention on the Rights of Persons with Disabilities (CRPD). _________________ 39 Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), UNGA, 1979. 40 Convention on preventing and combating violence against women and domestic violence (Istanbul Convention),Council of Europe, 2011.
2023/02/02
Committee: LIBEFEMM
Amendment 292 #

2022/0066(COD)

Proposal for a directive
Recital 11
(11) Violence against women and domestic violence can be exacerbated where it intersects with discrimination based on sex and other grounds of discrimination prohibited by Union law, namely nationality, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. Member States should therefore pay due regard to victims affected by such intersectional discrimination, through providing specific measures where intersecting forms of discrimination are present. In particular, lesbian, bisexual, trans, non-binary, intersex and queer (LBTIQ) women, women with disabilities, women with dependent residence status or permit, and women with a minority racial or ethnic background are at a heightened risk of experiencing gender- based violence.
2023/02/02
Committee: LIBEFEMM
Amendment 330 #

2022/0066(COD)

Proposal for a directive
Recital 15
(15) With regard to offences amounting to rape, offenders who have been previously convicted of offences of the same nature should be obliged to participate in intervention programmes toOffenders convicted of offences of violence against women and domestic violence should be obliged to participate in intervention programmes to help them understand and recognise their responsibility, change their harmful attitudes and behaviours as well as to adopt non-violent behaviour in interpersonal relationships and thus mitigate the risk of recidivism.
2023/02/02
Committee: LIBEFEMM
Amendment 344 #

2022/0066(COD)

Proposal for a directive
Recital 16 a (new)
(16a) Forced sterilisation is another form of violence against women and a gross violation of human and fundamental rights, such as the rights to dignity, physical integrity, privacy and free and informed consent. It is a harmful and exploitative practice that removes the capacity of sexual reproduction of the victims and that is performed for the purpose of exerting social control over the victims. Roma women and girls, women and girls with disabilities and transgender people are particularly at risk of such violence, especially those with intellectual and psychosocial disabilities, and living in institutions. To combat this long-lasting practice, which perpetuates discrimination, stereotypes, violence and control over the person’s body, forced sterilisation should be specifically addressed by criminal law. Currently, only 9 EU Member States explicitly criminalise forced sterilisation as a distinct offence in their criminal code and at least 13 EU Member States still allow some forms of forced sterilisation in their legislation.1a This points out the divergences and gaps in national legislation and therefore justifies the introduction of the offence of forced sterilisation in this Directive. Specific emphasis should be given to the prior and informed consent of the woman or girl to undergo such procedure, which should not be substituted by the consent of a legal guardian. _________________ 1a https://www.edf- feph.org/content/uploads/2022/09/EDF_F S_0909-accessible.pdf
2023/02/02
Committee: LIBEFEMM
Amendment 361 #

2022/0066(COD)

Proposal for a directive
Recital 17
(17) It is necessary to provide for harmonised definitions of offences and penalties regarding certainall forms of cyber violence. Cyber violence particularly targets and impacts women and girls, LGBTIQ people, politicians, journalists and human rights defenders. It can have the effect of silencing women and hindering their societal participation on an equal footing with men. Cyber violence also disproportionately affects women and girls in educational settings, such as schools and universities, with detrimental consequences to their further education and to their mental health, which may, in extreme cases, lead to suicide. The investigation of offences related to cyber violence should therefore be carried out diligently to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
2023/02/02
Committee: LIBEFEMM
Amendment 373 #

2022/0066(COD)

Proposal for a directive
Recital 19
(19) Especially due to its tendency for easy, swift and broad distribution and perpetration, as well as its intimate nature, the non-consensual making accessible of intimate images or videosterial and material that depict sexual activities, to a multitude ofof sexual nature to other end-users, by means of information and communication technologies, can be very harmful for the victims. The offence provided for in this Directive should cover all types of such material, such as images, photographs and videos, including sexualized images, audio clips and video clips. It should relate to situations where the making accessible of the material to a multitude ofother end-users, through information and communication technologies, occurs without the victim’s consent, irrespective of whether the victim consented to the generation of such material or may have transmitted it to a particular person. The offence should also include the non-consensual production or manipulation, for instance by image editing, of intimate material that makes it appear as though another person is engaged in sexual activitiesin it, insofar as the material is subsequently made accessible to a multitude ofother end-users, through information and communication technologies, without the consent of that person. Such production or manipulation should include the fabrication of ‘deepfakes’, where the material appreciably resembles an existing person, objects, places or other entities or events, depicting sexual activitiesintimate material or material of sexual nature of another person, and would falsely appear to others to be authentic or truthful. In the interest of effectively protecting victims of such conduct, threatening to engage in such conduct should be covered as well, regardless of the motives of the offender. Moreover, since the so-called “cyber-flashing” is a very common method of intimidating and silencing women, the non-consensual sending of intimate material, including images or videos of genitalia, of the sender or what appears to be the sender, to another person in private conversation, by means of information and communication technologies, should be also considered an offence.
2023/02/02
Committee: LIBEFEMM
Amendment 386 #

2022/0066(COD)

Proposal for a directive
Recital 21
(21) Minimum rules concerning the offence of cyber harassment should be laid down to counter initiating an attack with third parties or participating in such an attack directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users. Such broad attacks, including coordinated online mob attacks, may morph into offline assault or cause significant psychological injury and in extreme cases lead to suicide of the victim. They often target prominent (female) politicians, journalists or otherwise well- known persons, but they can also occur in different contexts, for instance on campuses or in schools. Such online violence should be addressed especially where the attacks occur on a wide-scale, for example in the form of pile- on harassment by a significant amount of people. Moreover, repeated sending of threatening and insulting messages in private conversations is a very common form of violence against women, therefore it should also be covered, since such a conduct is still not properly addressed in some Member States. This should help advance the victims the access to justice.
2023/02/02
Committee: LIBEFEMM
Amendment 396 #

2022/0066(COD)

Proposal for a directive
Recital 23
(23) The offence of cyber incitement to violence or hatred presupposes that the incitement is not expressed in a purely private context, but publicly through the use of information and communication technologies. Therefore, it should require dissemination to the public, which should be understood as entailing the making accessible, through information and communications technologies, of a given item of material inciting to violence or hatred to a potentially unlimited number of persons, namely making the material easily accessible to users in general, without requiring further action by the person who provided the material, irrespective of whether those persons actually access the information in question. Accordingly, where access to the material requires registration or admittance to a group of users, that information should be considered to be disseminated to the public only where users seeking to access the material are automatically registered or admitted without a human decision or selection of whom to grant access. In assessing whether material qualifies as amounting to incitement to hatred or violence, the competent authorities should take into account the fundamental rights to freedom of expression as enshrined in Article 11 of the Charter as well as the criteria of the UN Rabat Plan for Action, especially, the social and political context of the message, status of the speaker, content and form of the speech act, intent, the likelihood of harm, including imminence. The assessment should be carried out on a case-by-case basis.
2023/02/02
Committee: LIBEFEMM
Amendment 400 #

2022/0066(COD)

Proposal for a directive
Recital 24
(24) According to an EU-wide FRA survey in 2014, 67% of women did not report partner violence to the police or any other organisation. Victims should be able to report crimes of violence against women or domestic violence easily without being subject to secondary or repeat victimisation, especially those with disabilities and living in institutions, including through the use of Braille and sign language. To this end, Member States should provide the possibility to submit complaints online or through other accessible and secure information and communication technologies for the reporting of such crimes. Victims of cyber violence should be able to upload materials relating to their report, such as screenshots of the alleged violent behaviour. Victims should have access to legal aid and assistance, free of charge and in a language they can understand, when reporting criminal offences and during judicial proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 411 #

2022/0066(COD)

Proposal for a directive
Recital 25
(25) In the case of domestic violence and violence against women, especially when committed by close family members or intimate partners, victims may be under such duress by the offender that they fear to reach out to the competent authorities, even if their lives are in danger. Therefore, Member States should ensure their confidentiality rules do not constitute an obstacle for relevant professionals, such as healthcare professionals, to report to the competent authorities, where they have reasonable grounds to believe that the life of the victim is at an imminent risk of serious physical harm. Similarly, instances of domestic violence or violence against women affecting children are often only intercepted by third parties noticing irregular behaviour or physical harm to the child. Children need to be effectively protected from suchall forms of violence and adequate measures promptly taken. Therefore, relevant professionals coming in contact with child victims or potential child victims, including healthcare or education professionals, should equally not be constrained by confidentiality and should act where they have reasonable grounds to believe that serious acts of violence under this Directive have been committed against the child or further serious acts are to be expected. Where professionals report such instances of violence, Member States should ensure that they are not held liable for breach of confidentiality.
2023/02/02
Committee: LIBEFEMM
Amendment 414 #

2022/0066(COD)

Proposal for a directive
Recital 26
(26) In order to tackle underreporting in the cases when the victim is a child, safe and child-friendly reporting procedures should be established. This can include questioning by competent authorities in simple and accessible language, paying special attention to child’s vulnerability.
2023/02/02
Committee: LIBEFEMM
Amendment 415 #

2022/0066(COD)

Proposal for a directive
Recital 27
(27) Delays in processing complaints of violence against women and domestic violence can bear particular risks to victims thereof, given that they might still be in immediate danger given that offenders might often be close family members or spouses. Therefore, treported offences of violence against women or domestic violence should be processed and transferred without delay to the competent authorities for prosecution and investigation. The competent authorities should have the sufficient specialised staff, expertise and effective investigative tools to investigate and prosecute such crimes without undue delay.
2023/02/02
Committee: LIBEFEMM
Amendment 423 #

2022/0066(COD)

Proposal for a directive
Recital 28
(28) Victims of domestic violence and violence against women are typically in need of immediate protection orand specific support, for example in the case of intimate partner violence, where the rate of recidivism tends to be high. Therefore, an individual assessment to identify the victim’s protection needs should be conducted upon the very first contact of competent authorities with the victim or as soon as suspicion arises that the person is a victim of violence against women or domestic violence. This can be done before a victim has formally reported an offence or proactively if a third party reports the offence.
2023/02/02
Committee: LIBEFEMM
Amendment 426 #

2022/0066(COD)

Proposal for a directive
Recital 29
(29) When assessing the victim’s protection and support needs, the primary concern should lie in safeguarding the victim’s safety as well as the safety of other potential victims, such as children and other dependants, and providing tailored support, taking into account, among other matters, the individual circumstances of the victim. Such circumstances requiring special attention could include the victim’s pregnancy or the victim’s dependence on or relationship to the offender, victim´s disability or disability of their dependants.
2023/02/02
Committee: LIBEFEMM
Amendment 438 #

2022/0066(COD)

Proposal for a directive
Recital 30 a (new)
(30a) The individual assessment should be updated at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation
2023/02/02
Committee: LIBEFEMM
Amendment 450 #

2022/0066(COD)

Proposal for a directive
Recital 32 a (new)
(32a) Relevant authorities and specialised services should ensure the provision of coordinated protection and support measures.
2023/02/02
Committee: LIBEFEMM
Amendment 451 #

2022/0066(COD)

Proposal for a directive
Recital 32 b (new)
(32b) Ensuring the presence of specialised staff within Member States’ law enforcement authorities, prosecutors and judicial authorities is of great importance. The establishment of specialist courts or chambers and the designation of specialised prosecutors on violence against women and domestic violence should be encouraged as another option for Member States to ensure a holistic approach to combat these offences.
2023/02/02
Committee: LIBEFEMM
Amendment 453 #

2022/0066(COD)

Proposal for a directive
Recital 33
(33) Member States should take the necessary measures to ensure the availability of emergency barring, restraining and protection orders as well as the use of arrest and detention to ensure effective protection of victims and their dependants.
2023/02/02
Committee: LIBEFEMM
Amendment 460 #

2022/0066(COD)

Proposal for a directive
Recital 35
(35) PRestraining and protection orders may include prohibiting the offender or suspect to access certain localities; to approach the victim or dependant closer than a prescribed distance or to contact them, including through the use of online interfaces and to possess firearms or deadly weapons, where necessary.
2023/02/02
Committee: LIBEFEMM
Amendment 461 #

2022/0066(COD)

Proposal for a directive
Recital 35 a (new)
(35a) Restraining and protection orders should be adopted whenever the situation of risk to the victim makes it advisable, regardless of whether the victim has filed a complaint. Member States should encourage the use of electronic monitoring to ensure the enforcement of restraining and protection orders.
2023/02/02
Committee: LIBEFEMM
Amendment 465 #

2022/0066(COD)

Proposal for a directive
Recital 36
(36) In order to safeguard the effectiveness of emergency barring, restraining and protection orders, breaches of such orders should be subject to effective, proportionate and dissuasive penalties. Those penalties can be of a criminal law or other legal nature and may include prison sentences, fines or any other legal penalty that is effective, proportionate and dissuasive.
2023/02/02
Committee: LIBEFEMM
Amendment 472 #

2022/0066(COD)

Proposal for a directive
Recital 38
(38) Given the complexities and gravity of offences of violence against women and domestic violence and specific support needs of victims, Member States should ensure additional support and prevention of such offences is provided by designated specialised national bodies. Given their expertise in matters of discrimination on grounds of sex, national equality bodies, set up in accordance with Directives 2004/113/EC42 , 2006/54/EC43 and 2010/41/EU44 of the European Parliament and of the Council, arcould be well placed to fulfil these tasks. Such bodiespecialised national bodies or other specialised relevant actors should in addition have legal standing to act on behalf or in support of victims of all forms of violence against women or domestic violence in judicial proceedings, including for the application for compensation and removal of online illegal content, with the victims’ approval. This should include the possibility of acting on behalf or in support of several victims together. To enable these bodiespecialised national bodies or other specialised relevant actors to effectively carry out their tasks, Member States should ensure that they are provided with sufficient human and financial resources. _________________ 42 Council Directive 2004/113/EC of 13 December 2004 implementing the principle of equal treatment between men and women in the access to and supply of goods and services, (OJ L 373, 21.12.2004, p. 37). 43 Directive 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast), (OJ L204, 26.7.2006, p. 23). 44 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the applicationof the principle of equal treatment between men and women engaged in an activity in a self-employed capacity and repealing Council Directive 86/613/EEC, (OJ L 180, 15.7.2010, p. 1).
2023/02/02
Committee: LIBEFEMM
Amendment 487 #

2022/0066(COD)

Proposal for a directive
Recital 42
(42) The provisions of this Directive on orders and other measures for the removal and disabling access to relevant material should leave the relevant rules contained in Regulation XX/YYYY [proposed DSA Regulation]2022/2065 unaffected. In particular, those orders should comply with the prohibition of imposing general obligations of monitoring or active fact- finding and with the specific requirements of that Regulation regarding orders to remove illegal content online.
2023/02/02
Committee: LIBEFEMM
Amendment 501 #

2022/0066(COD)

Proposal for a directive
Recital 46
(46) Specialised support services should provide support, advice and information on any relevant legal and practical matters as well as referrals to medical forensic examinations and comprehensive healthcare services to victims of all forms of violence against women and domestic violence, including sexual violence, female genital mutilation, forced marriage, forced abortion and sterilisation, sexual harassment and of various forms of cyber violence. All services and assistance should be organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims, with particular attention to rural and remote areas.
2023/02/02
Committee: LIBEFEMM
Amendment 519 #

2022/0066(COD)

Proposal for a directive
Recital 48
(48) Victims of domestic violence and violence against women typically have multiple protection and support needs. In order to address these effectively, Member States should provide such services at the same premises, or have such services coordinated through a central contact point. To ensure also victims in remote areas or unable to physically reach such centres are reached, Member States should provide for online access to such services. This should entail setting up a single and updated website where all relevant information on and access to available support and protection services is provided (one-stop online access). The website should follow accessibility requirements for persons with disabilities, such as those set out in annex I of Directive (EU) 2019/882 on the accessibility requirements for products and services.
2023/02/02
Committee: LIBEFEMM
Amendment 525 #

2022/0066(COD)

Proposal for a directive
Recital 49
(49) Specialist support services, including shelters and, rape crisis centres, helplines and victims’ advice centres should be considered essential during crises and states of emergency, including during health crises. These services should continue to be offered in these situations, where instances of domestic violence and violence against women tend to surge. Taking stock of the lessons learned of the COVID-19 pandemic, when gender-based violence was considered the “shadow pandemic”, Member States should work towards a specific EU protocol on violence against women in times of crisis and emergency.
2023/02/02
Committee: LIBEFEMM
Amendment 532 #

2022/0066(COD)

Proposal for a directive
Recital 50
(50) The traumatic nature of sexual violence, including rape, requires a particularly sensitive response by trained and specialised staff. Victims of this type of violence need immediate medical care, comprehensive and long-lasting medical care, including sexual and reproductive healthcare as part of the clinical management of rape, emergency contraception, post-exposure prophylaxis, access to safe and legal abortion, and trauma support combined with immediate forensic examinations to collect the evidence needed for prosecution. Rape crisis centres or sexual violence referral centres should be available in sufficient numbers and adequately spread over the territory of each Member State. Similarly, victims of female genital mutilaWhere a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, whto are often girls, typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victimfuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the ‘conscience’ clause does not put women’s timely access to SRH care at risk, by providing viable, effective and accessible alternative abortion services.
2023/02/02
Committee: LIBEFEMM
Amendment 539 #

2022/0066(COD)

Proposal for a directive
Recital 50 a (new)
(50a) Similarly, victims of female genital mutilation, who are often girls, as well as victims of forced sterilisation typically are in need of targeted support. Therefore, Member States should ensure they provide dedicated support tailored to these victims and that those specialist support services are carried out with the highest standards of privacy, intimacy and confidentiality.
2023/02/02
Committee: LIBEFEMM
Amendment 540 #

2022/0066(COD)

Proposal for a directive
Recital 50 b (new)
(50b) Specialist support services for victims of cyberviolence should be appropriately equipped and easily accessible to offer psychological support, legal counselling and assistance for obtaining judicial orders for removal or disabling access to certain online material, assisting in the communication with relevant online intermediary service providers, including using notice and action mechanisms, and where relevant, assisting in the preservation and documentation of evidence. Cyber- violence is believe to be a more significant problem than what data currently suggest due to underreporting and its normalisation, therefore, it is of the highest importance for Member States to be equipped to be able to offer adequate support services to victims and counter this trend.
2023/02/02
Committee: LIBEFEMM
Amendment 547 #

2022/0066(COD)

Proposal for a directive
Recital 52
(52) Member States should ensure that national helplines are operated under the EU-harmonised number [116016] and this number is widely advertised as a public numberavailable for the victims of violence against women and domestic violence, free of charge and available round-the-clock. The support provided should include crisis counselling and should be able to refer to face-to-face services, such as shelters, counselling centres or the police. Member States should continue supporting existing specialised helplines on violence against women and domestic violence, run by non-governmental organisations or specialist support services, already playing a key role in counselling as well as supporting, advising and informing victims. Member States should ensure that their national helpline or helplines are connected to the EU harmonised number 116016 and that the end-users are adequately informed of the existence and use of such number. Member States may choose to keep their national helpline number or numbers and link it with the EU harmonised number. Member States shall ensure that national helplines are equipped to provide support also to persons not speaking the national language or languages, including through the option of telephone interpretation.
2023/02/02
Committee: LIBEFEMM
Amendment 560 #

2022/0066(COD)

Proposal for a directive
Recital 53
(53) Shelters play a vital role in protecting victims from acts of violence. Beyond providing a safe place to stay, shelters should provide the necessary support concerning interlocking problems related to victims’ health, financial situationincluding psychological health, financial situation, support in court proceedings and the well- being of their children, ultimately preparing victims for an autonomous life. Member States should ensure availability of women-only shelters, guaranteeing their sufficient geographical distribution and capacity. Shelters should also be adequately equipped to provide accommodation for victims with children.
2023/02/02
Committee: LIBEFEMM
Amendment 569 #

2022/0066(COD)

Proposal for a directive
Recital 54 a (new)
(54a) Member States should ensure that in the legal process determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including when the child is a witness, as well as any restraining or protection orders issued. Criminal proceedings arising from a complaint about violence against women or domestic violence should be dealt in coordination with separation and custody proceedings to avoid situations where shared custody of the children is ordered and/or visitation rights imposed, endangering the rights and safety of both victims and their children. Risk assessments should also be carried out in the process of determining custody and rights of access of children, including for avoiding cases of vicarious violence.
2023/02/02
Committee: LIBEFEMM
Amendment 570 #

2022/0066(COD)

Proposal for a directive
Recital 54 b (new)
(54b) During legal proceedings in relation to custody or access rights of children of victims of violence against women and domestic violence, courts and professionals should not use the ‘parental alienation syndrome’ or other similar concepts to deny child custody to the mother and grant it to a father accused of domestic violence, disregarding the possible risks for the child. GREVIO has noted that, for example, non-specialist courts have less understanding of the traumatic consequences for children of witnessing violence, often wrongfully attributing the children’s trauma response to ‘parental alienation syndrome’1a. _________________ 1a https://rm.coe.int/prems-055022-gbr- 2574-rapportmultiannuelgrevio-texte- web-16x24/1680a6e183
2023/02/02
Committee: LIBEFEMM
Amendment 576 #

2022/0066(COD)

Proposal for a directive
Recital 55
(55) In order to ensure the safety of children during possible visits with an offender or suspect who is a holder of parental responsibility with rights of access, Member States should ensure that supervised neutral places, including child protection or welfare offices, are made available so that such visits can take place there in the best interests of the child. If needed, tThe visits should take place in the presence of child protection or welfare officials. Where it is necessary to provide for interim accommodation, children should as a priority be accommodated together with the holder of parental responsibility who is not the offender or suspect, such as the child’s mother. The best interest of the child should be always taken into accouprevail over a request of shared custody or rights of access of the violent parent.
2023/02/02
Committee: LIBEFEMM
Amendment 589 #

2022/0066(COD)

Proposal for a directive
Recital 56
(56) Victims with specific needs and groups at risk of violence against women or domestic violence, such as women with disabilities, women with dependant residence status or permit, undocumented migrant women, women applicants for international protection, women fleeing armed conflict, women affected by homelessness, with no or low income, with a minority racial or ethnic background, living in rural areas, women sex workers, sexual or gender-identity minorities, detainees, or older women, should receive specific protection and support.
2023/02/02
Committee: LIBEFEMM
Amendment 600 #

2022/0066(COD)

Proposal for a directive
Recital 58
(58) Member States should ensure that preventive measures, such as awareness- raising campaigns, are taken to counter violence against women and domestic violence. P are based on a three- pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. Primary preventive measures should aim to prevent violence from ever occurring, including through awareness-raising campaigns. Primary prevention should also take place in both in and outside formal education, in particular, through strengthening sexage-appropriate comprehensive sexuality and relationship education, equality education and socio- emotional competencies, empathy and developing healthy and respectful relationships. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation.
2023/02/02
Committee: LIBEFEMM
Amendment 621 #

2022/0066(COD)

Proposal for a directive
Recital 60
(60) In order to ensure victims of violence against women and domestic violence are identified and receive appropriate support, Member States should ensure that professionals likely to come into contact with victims receive adequate and tailored training and targeted information. Trainings should cover the risk and prevention of intimidation, repeat and secondary victimisation and the availability of protection and support measures for victims. Specific attention should be given to specialised training of competent authorities entering in contact with the victims, especially with the aim of facilitating the reporting of such offences and enabling swift and appropriate follow-up actions. Trainings should also cover elements on gender equality and discrimination, including intersectional discrimination, as well as prevention and identification of sexual harassment of the most marginalised groups, who are often the less believed when reporting, such as women with disabilities. To prevent and appropriately address instances of sexual harassment at work, persons with supervisory functions should also receive training. These trainings should also cover assessments regarding sexual harassment at work and associated psychosocial safety and health risks as referred to under Directive 89/391/EEC of the European Parliament and of the Council45 . Training activities should also cover the risk of third party violence. Third party violence refers to violence which staff may suffer at the workplace, not at the hands of a co-worker, and includes cases, such as nurses sexually harassed by a patient. Training materials and activities should be regularly reviewed in consultation with victims, specialist services and other relevant actors. _________________ 45 Council Directive 89/391/EEC of the European Parliament and of the Council of 12 June 1989 on the introduction of measures to encourage improvements in the safety and health of workers at work (OJ L 183, 29.6.1989, p. 1).
2023/02/02
Committee: LIBEFEMM
Amendment 629 #

2022/0066(COD)

Proposal for a directive
Recital 61
(61) In order to counteract underreporting, Member States should also liaise with law enforcement and judicial authorities in the development of trainings in particular regarding harmful gender stereotypes, but also in the prevention of offences, given their typical close contact with groups at risk of violence and victims. Specific guidelines for law enforcement and judicial authorities concerning the proceedings in cases of violence against women and domestic violence should also be developed by Member States.
2023/02/02
Committee: LIBEFEMM
Amendment 640 #

2022/0066(COD)

Proposal for a directive
Recital 62
(62) Intervention programmes should be set up, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of (repeated) offences of violence against women or domestic violence. The programmes should specifically aim at teaching offenders or those at risk of offending how to adopt non-violent behaviour in interpersonal relationships and how to counter violent behavioural patterns. Programmes should encourage offenders to take responsibility for their actions and examine their attitudes and beliefs towards women.
2023/02/02
Committee: LIBEFEMM
Amendment 642 #

2022/0066(COD)

Proposal for a directive
Recital 62 a (new)
(62a) The commitment of Member States in preventing and combatting violence against women and domestic violence should be shown by the development of national strategies in this regard. All Member States should have national strategies on preventing and combatting violence against women and domestic violence. These strategies should lay down their priorities, roles and coordination between competent authorities, specialist support services and civil society, coordination between criminal and civil proceedings in this area, among other topics. National strategies should be reviewed and updated regularly.
2023/02/02
Committee: LIBEFEMM
Amendment 643 #

2022/0066(COD)

Proposal for a directive
Recital 62 b (new)
(62b) All measures included in this Directive need to be accompanied by sufficient, predictable and sustainable funding. This is especially important to ensure that national authorities and specialised support service providers, including non-governmental women´s specialist services, have sufficient funding and human, technical and technological resources for the effective and comprehensive implementation of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 655 #

2022/0066(COD)

Proposal for a directive
Recital 65
(65) Member States should ensure that the data collected are limited to what is strictly necessary in relation to supporting thefor monitoring of the prevalence and trends of violence against women and domestic violence, as well as the adequacy of responses and efficiency of law enforcement processes in this regard, and design new policy strategies in this field. When sharing the data collected, no personal data should be included. Publishing on a regular basis and making available in an accessible manner national data in relation to violence against women and domestic violence is of outmost importance.
2023/02/02
Committee: LIBEFEMM
Amendment 669 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b
(b) the rights of victims of all forms of violence against women or domestic violence before, during or after criminal proceedingthe offence occurs;
2023/02/02
Committee: LIBEFEMM
Amendment 673 #

2022/0066(COD)

Proposal for a directive
Article 1 – paragraph 1 – point c
(c) victims’ protection and, victims’ support. and prevention and early intervention;
2023/02/02
Committee: LIBEFEMM
Amendment 686 #

2022/0066(COD)

Proposal for a directive
Article 2 – paragraph 1
1. When implementing the measures under this Directive, Member States shall take into consideration the increased risk of violence faced by victims experiencing discrimination based on a combination of sex and other grounds, such as those referred to in Article 35(1), so as to cater to their enhanced protection and support needs, as set out in Article 18(4), Article 27(5) and Article 37(7).
2023/02/02
Committee: LIBEFEMM
Amendment 698 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point a
(a) “violence against women” is understood as a violation of human rights and a form of discrimination against women and means gender-based violence, that is directed against a woman or a girl because she is a woman or a girl or that affects women or girls disproportionately, including all acts of such violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
2023/02/02
Committee: LIBEFEMM
Amendment 714 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point b
(b) “domestic violence” means all acts of violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering,violence that occur within the family or domestic unit, irrespective of biological or legal family ties, or between former or current spouses or partners, whether or not the offender shares or has shared a residence with the victim;
2023/02/02
Committee: LIBEFEMM
Amendment 734 #

2022/0066(COD)

Proposal for a directive
Article 4 – paragraph 1 – point f
(f) “providers of intermediary services” means providers of the intermediary services as defined in Article 23 point (fg) of Regulation (EU) YYYY/XXX2022/2065 of the European Parliament and of the Council51 [Regulation on a Single Market for Digital Services]; _________________ 51 Regulation (EU) YYYY/XXX of the European Parliament and of the Council on a Single Market for Digital Services (OJ L …).
2023/02/02
Committee: LIBEFEMM
Amendment 759 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) engaging with a woman in any non- consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object;, or engaging in any other non-consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
2023/02/02
Committee: LIBEFEMM
Amendment 763 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 1 – point b
(b) causing a woman to engage with another person in any non-consensual act of vaginal, anal or oral penetration of a sexual nature, with any bodily part or object, or engaging in any other non- consensual act of a sexual nature that is, in view of the gravity of the act, comparable to penetration.
2023/02/02
Committee: LIBEFEMM
Amendment 772 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 2
2. Member States shall ensure that a non-consensual act is understood as an act which is performed without the woman’s explicit consent given voluntarily or where the woman is unable to form and express a free will due to her physical or mental condition, thereby exploiting her incapacity to form and express a free will, such as in a state of unconsciousness, intoxication, sleep, illness, bodily injury or disability.
2023/02/02
Committee: LIBEFEMM
Amendment 777 #

2022/0066(COD)

Proposal for a directive
Article 5 – paragraph 3
3. Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the woman’s silence, verbal or physical non-resistance or past sexual conduct, or existing or past relationship with the offender, including marital or any other partnership status. Consent shall be given for each separate act.
2023/02/02
Committee: LIBEFEMM
Amendment 802 #

2022/0066(COD)

Proposal for a directive
Article 6 a (new)
Article 6 a Forced sterilisation 1. Member States shall ensure that the following intentional conduct is punishable as a criminal offence: (a) performing surgery which has the purpose or effect of terminating a woman’s or girl´s capacity to naturally reproduce without her prior and informed consent or understanding of the procedure; (b) coercing or procuring a woman or a girl to undergo the acts referred to in point (a). 2. Member States shall ensure that the prior and informed consent of the woman to undergo the procedure referred to in point (a) cannot be substituted by the consent of a legal guardian.
2023/02/02
Committee: LIBEFEMM
Amendment 811 #

2022/0066(COD)

Proposal for a directive
Article 6 b (new)
Article 6 b Forced prostitution Member States shall ensure that the following conduct is punishable as a criminal offence: a) causing a woman to involuntarily offer and/ or provide sexual services against any form of remuneration for the profit of a third party.
2023/02/02
Committee: LIBEFEMM
Amendment 813 #

2022/0066(COD)

Proposal for a directive
Article 6 c (new)
Article 6 c Denial of safe and legal abortion Member States shall ensure that the following conduct is punishable as a criminal offence: a) denial by health institutions to provide health services related to sexual and reproductive health of patients, including safe and legal abortion and/or post- abortion care, putting the patient´s physical integrity, reproductive health or life at risk.
2023/02/02
Committee: LIBEFEMM
Amendment 824 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) making intimate images, or videos or other material depicting sexual activitiesterial or material of sexual nature, of another person without that person’s consent accessible to a multitude ofother end-users by means of information and communication technologies;
2023/02/02
Committee: LIBEFEMM
Amendment 836 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) producing or manipulating and subsequently making accessible to a multitude ofother end-users, by means of information and communication technologies, images, videos or other materialntimate material or material of sexual nature, making it appear as though another person is engaged in sexual activitiesin it, without that person’s consent;
2023/02/02
Committee: LIBEFEMM
Amendment 842 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point c
(c) threatening to engage in the conduct referred to in points (a) and (b) in order to coerce another person to do, acquiesce or refrain from a certain act or to cause direct harm or distress.
2023/02/02
Committee: LIBEFEMM
Amendment 844 #

2022/0066(COD)

Proposal for a directive
Article 7 – paragraph 1 – point c a (new)
(c a) non-consensual sending of intimate material to another person by means of information and communication technologies.
2023/02/02
Committee: LIBEFEMM
Amendment 862 #

2022/0066(COD)

Proposal for a directive
Article 8 a (new)
Article 8 a Doxing Member States shall ensure that making personal data or material containing personal data of another person, without that person’s consent, accessible to other end-users, by means of information and communication technologies, for the purpose of inciting those end-users to cause physical, psychological harm to the person is punishable as a criminal offence.
2023/02/02
Committee: LIBEFEMM
Amendment 871 #

2022/0066(COD)

Proposal for a directive
Article 9 – paragraph 1 – point a
(a) initiating an attack with third parties directed at another person, by making threatening or insulting material accessible to a multitude ofother end- users, by means of information and communication technologies, with the effect of causing significant psychological harm to the attacked person;
2023/02/02
Committee: LIBEFEMM
Amendment 877 #

2022/0066(COD)

Proposal for a directive
Article 9 – paragraph 1 – point b a (new)
(b a) repeatedly sending threatening or insulting material or messages to another person in private communications, with the effect of causing psychological harm to the attacked person;
2023/02/02
Committee: LIBEFEMM
Amendment 888 #

2022/0066(COD)

Proposal for a directive
Article 10 – paragraph 1 a (new)
In order to assess whether a conduct referred to in paragraph 1 qualifies as incitement to violence or hatred, Member States shall encourage the use of the following criteria: the social and political context of the message, status of the speaker, content and form of the speech act as well as the likelihood of harm, including imminence.
2023/02/02
Committee: LIBEFEMM
Amendment 893 #

2022/0066(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that inciting and aiding and abetting the commission of any of the criminal offences referred to in Articles 5 to 910 are punishable as criminal offences.
2023/02/02
Committee: LIBEFEMM
Amendment 896 #

2022/0066(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall ensure that an attempt to commit any of the criminal offences referred to in Articles 5 and 6, 6a and 6b is punishable as a criminal offence.
2023/02/02
Committee: LIBEFEMM
Amendment 901 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 2
2. Member States shall ensure that the criminal offence referred to in Article 5 is punishable by a maximum penalty of at least 810 years of imprisonment and at least 105 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 903 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 3
3. Member States shall ensure that an offender of the criminal offence referred to in Article 5, who has previously been convicted of offences of the same nature,s under the scope of this directive mandatorily participates in an intervention programme referred to in Article 38.
2023/02/02
Committee: LIBEFEMM
Amendment 913 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 4
4. Member States shall ensure that the criminal offence referred to in Article 6 and 6a is punishable by a maximum penalty of at least 5 years of imprisonment and at least 710 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 915 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 4 a (new)
4 a. Member States shall ensure that the criminal offence referred to in Article 6b is punishable by a maximum penalty of at least 6 years of imprisonment and at least 8 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 916 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 4 b (new)
4 b. Member States shall ensure that the criminal offence referred to in Article 6c is punishable by a maximum penalty of at least 6 years of imprisonment and at least 10 years of imprisonment if the offence was committed under aggravating circumstances referred to in Article 13.
2023/02/02
Committee: LIBEFEMM
Amendment 918 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 5
5. Member States shall ensure that the criminal offences referred to in Articles 87, 8, 8a, 9 and 10 are punishable by a maximum penalty of at least 2 years of imprisonment.
2023/02/02
Committee: LIBEFEMM
Amendment 920 #

2022/0066(COD)

Proposal for a directive
Article 12 – paragraph 6
6. Member States shall ensure that the criminal offences referred to in Articles 7 and 9 are punishable by a maximum penalty of at least 1 year of imprisonment.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 928 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point b
(b) the offence was committed against a person made vulnerable by particular circumstances, such as a situation of dependence, including with reference to residence status, or a state of physical, mental, intellectual or sensory disability, or living in institutional care facilities, including retirement homes, children´s homes, reception centres for migrants or asylum seekers and detention facilities;
2023/02/02
Committee: LIBEFEMM
Amendment 936 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point g
(g) the offence was committed with the use or threat of using a weapon; against the victim or their relatives or persons in close relationship with the victim;
2023/02/02
Committee: LIBEFEMM
Amendment 938 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point h
(h) the offence was committed with the use of force or threats to use force, including against the victim´s relatives or persons in close relationship with the victim, or coercion;
2023/02/02
Committee: LIBEFEMM
Amendment 945 #

2022/0066(COD)

Proposal for a directive
Article 13 – paragraph 1 – point k
(k) the offence was committed against a former or current spouse or partnerintimate partner or cohabitant;
2023/02/02
Committee: LIBEFEMM
Amendment 972 #

2022/0066(COD)

Proposal for a directive
Article 15 – paragraph 3
3. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Article 6, 6a, 6b and 6c of at least 10 years from the time when the offence was committed.
2023/02/02
Committee: LIBEFEMM
Amendment 976 #

2022/0066(COD)

Proposal for a directive
Article 15 – paragraph 4
4. Member States shall take the necessary measures to provide for a limitation period for criminal offences referred to in Articles 7, 8, 8a, 9 and 910 of at least 57 years after the criminal offence has ceased or the victim has become aware of it.
2023/02/02
Committee: LIBEFEMM
Amendment 977 #

2022/0066(COD)

Proposal for a directive
Article 15 – paragraph 5
5. Member States shall take the necessary measures to provide for a limitation period for the criminal offences referred to in Articles 8 and 10, of at least 7 years after the criminal offence has ceased or the victim has become aware of it.deleted
2023/02/02
Committee: LIBEFEMM
Amendment 987 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 1
1. In addition to the rights of victims when making a complaint under Article 5 of Directive 2012/29/EU, Member States shall ensure that all victims, including those referred to in Article 35(1), can report criminal offences of violence against women or domestic violence to the competent authorities in an easy, safe and accessible manner. This shall include the possibility of reporting criminal offences online or through other accessible and secure information and communication technologies, including the possibility to submit evidence, in particular concerning reporting of criminal offences of cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1006 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 3
3. Member States shall ensure that the confidentiality rules imposed by national law on relevant professionals, such as healthcare and education professionals, do not constitute an obstacle to their reporting to the competent authorities if they have reasonable grounds to believe that there is an imminent risk that serious physical harm will be inflicted on a person due to their being subject to any of the offences covered under this Directive. If the victim is a child, the relevant professionals shall be able to report to the competent authorities if they have reasonable grounds to believe that a seriousn act of violence covered under this Directive has been committed or further serious acts of violence are to be expected.
2023/02/02
Committee: LIBEFEMM
Amendment 1009 #

2022/0066(COD)

Proposal for a directive
Article 16 – paragraph 3 a (new)
3 a. Member States shall ensure that an adequate individual assessment of the victim´s risk and protection and support needs is carried out to ensure the safety of the victim and their dependants.
2023/02/02
Committee: LIBEFEMM
Amendment 1026 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 1
1. Member States shall ensure that persons, units or services investigating and prosecuting violence against women or domestic violence have sufficient resources, expertise and effective investigative tools to effectively investigate and prosecute such crimes, especially to gather, analyse and secure electronic evidence in cases of cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1029 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 2
2. Member States shall ensure that reported offences of violence against women or domestic violence are processed and transferred without delay to the competent authorities for the adoption of prostecution and investigameasures for the victim, investigation and prosecution.
2023/02/02
Committee: LIBEFEMM
Amendment 1039 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 4
4. The competent authorities shall promptly refer victims to relevant health care professionals or specialist support services referred to in Articles 27, 28, 29 and 29a to assist in securing evidence, in particular in cases of sexual violence, w. Where the victim does not wishes to bring charges and make use of such services. immediately, they shall be provided with all relevant information on the options of securing and storing evidence for an eventual future criminal proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 1046 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5
5. Investigations into or prosecution of offences referred to in Articles 5 to 10 shall not be dependent on reporting or accusation by a victim or by their representative, and c. Criminal proceedings related to offences referred to in Articles 5, 6, 6a shall continue even if the report or accusation has been withdrawn.
2023/02/02
Committee: LIBEFEMM
Amendment 1048 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5 a (new)
5 a. Member State shall take all necessary legal and other measures to ensure that victims may testify in the courtroom without being present or at least without the presence of the alleged offender, notably through the use of appropriate communication technologies.
2023/02/02
Committee: LIBEFEMM
Amendment 1050 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5 b (new)
5 b. Member States shall designate, train and provide resources for a sufficient number of specialised staff within its law enforcement authorities, prosecutors, and judicial authorities. Member States shall consider establishing dedicated units within law enforcement authorities, designating specialised prosecutors as well as creating specialist courts or chambers on violence against women and domestic violence, with jurisdiction over both civil and criminal procedures to allow a holistic approach to combat such offences.
2023/02/02
Committee: LIBEFEMM
Amendment 1051 #

2022/0066(COD)

Proposal for a directive
Article 17 – paragraph 5 c (new)
5 c. Member States shall ensure that the investigation of the offences referred to in Articles 7 to 10 is carried out diligently in order to prevent inadequate investigation from effectively prosecuting such offences and increasing impunity.
2023/02/02
Committee: LIBEFEMM
Amendment 1059 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 2
2. This individual assessment shall be initiated immediately upon the first contact of the victim with the competent authorities. The competent judicial authorities shall verify at the latest at the initiation of criminal proceedings whether an assessment has been conducted. If this has not been the case, they shall promptly remedy the situation by undertaking an assessment as soon as possibleimmediately.
2023/02/02
Committee: LIBEFEMM
Amendment 1065 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 4
4. The assessment shall take into account the victim’s individual circumstances, including whether they experience discrimination based on a combination of sex and other grounds and therefor whether they have specific needs ore face a heightened risk of violence, such as the cases referred to in Article 35(1), as well as the victim’s own account and assessment of the situation. It shall be conducted in the best interest of the victim, as well as their dependants, and paying special attention to the need to avoid secondary or repeated victimisation. The individual assesment shall also take into consideration the financial, legal, emotional, social, physical and psychological impact on the victim.
2023/02/02
Committee: LIBEFEMM
Amendment 1073 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 5 – point b
(b) the granting of emergency barring and restraining or protection orders and the use of arrest and detention pursuant to Article 21 of this Directive;
2023/02/02
Committee: LIBEFEMM
Amendment 1087 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 7
7. Competent authorities shall update the individual assessment at regular intervals, especially in the case of changes in custody or rights of access, to ensure the protection measures relate to the victim’s current situation. This shall include an assessment of whether protection measures, in particular under Article 21, need to be adapted or taken.
2023/02/02
Committee: LIBEFEMM
Amendment 1092 #

2022/0066(COD)

Proposal for a directive
Article 18 – paragraph 8 a (new)
8a. Relevant authorities and specialised services shall ensure the provision of coordinated protection and support measures.
2023/02/02
Committee: LIBEFEMM
Amendment 1094 #

2022/0066(COD)

Proposal for a directive
Article 19 – paragraph 1
1. Member States shall ensure that, taking into account the individual assessment referred to in Article 18, the competent authorities together with specialist support services, including women’s specialist services, assess the victim’s and their dependant’s individual needs for support at regular intervals as provided for under Chapter 4.
2023/02/02
Committee: LIBEFEMM
Amendment 1096 #

2022/0066(COD)

Proposal for a directive
Article 19 – paragraph 2
2. Article 18(4), (6) and (7) shall apply to the individual assessment of support needs under paragraph 1 of this Article.
2023/02/02
Committee: LIBEFEMM
Amendment 1103 #

2022/0066(COD)

Proposal for a directive
Article 20 – paragraph 1
1. If the assessments referred to in Articles 18 and 19 have identified specific support or protection needs or if the victim requests support, Member States shall ensure that specialist support services contact victims to offer support immediately, with the victim´s knowledge and considering the risks identified in the individual assessment.
2023/02/02
Committee: LIBEFEMM
Amendment 1116 #

2022/0066(COD)

Proposal for a directive
Article 20 – paragraph 3
3. Where needed, they shall be able to refer child victims, including witnesses, to specialist support services without the prior consent of the violent holder of parental responsibility. In this case, the protection and support needs of the non-violent parent and their dependants shall be assessed and ensured in parallel.
2023/02/02
Committee: LIBEFEMM
Amendment 1123 #
2023/02/02
Committee: LIBEFEMM
Amendment 1136 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 2 a (new)
2a. Member States shall encourage the use of electronic monitoring to ensure the enforcement of measures referred to in paragraph 1 and 2, including during pre-trial periods.
2023/02/02
Committee: LIBEFEMM
Amendment 1137 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 2 b (new)
2b. Member States shall ensure that the competent authorities use arrest and detention of the offender or suspect without delay in situations of immediate danger for the victim or their dependants, for the purposes of preserving evidence or considering the results of the risk assessment.
2023/02/02
Committee: LIBEFEMM
Amendment 1143 #

2022/0066(COD)

Proposal for a directive
Article 21 – paragraph 3
3. Member States shall ensure that the competent authorities inform victims of the possibility to apply for emergency barring and restraining or protection orders, as well as the possibility to seek cross-border recognition of protection orders pursuant to Directive 2011/99/EU or Regulation (EU) No 606/2013. Member States shall ensure the effective cross-border recognition of protection orders in a consistent manner.
2023/02/02
Committee: LIBEFEMM
Amendment 1153 #
2023/02/02
Committee: LIBEFEMM
Amendment 1162 #
2023/02/02
Committee: LIBEFEMM
Amendment 1164 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point b a (new)
(ba) how to ensure an efficient and proper assessment and application of the emergency barring, restraining and protection orders referred to in Article 21;
2023/02/02
Committee: LIBEFEMM
Amendment 1184 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point g
(g) how to refer victims to specialist support services, to ensure the appropriate treatment of victims and handling of cases of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1186 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 – point g a (new)
(ga) how to swiftly coordinate different legal proceedings linked to the case of violence against women or domestic violence, especially with regards to the proceedings on custody and rights of access of children.
2023/02/02
Committee: LIBEFEMM
Amendment 1191 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 a (new)
The guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
2023/02/02
Committee: LIBEFEMM
Amendment 1194 #

2022/0066(COD)

Proposal for a directive
Article 23 – paragraph 1 b (new)
Member States shall ensure that all competent authorities acting in criminal proceedings, including prosecutorial and judicial authorities, are properly and regularly trained in line with the guidelines referred to in paragraph 1, in cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors.
2023/02/02
Committee: LIBEFEMM
Amendment 1195 #
2023/02/02
Committee: LIBEFEMM
Amendment 1197 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – introductory part
Member States shall designate and make the necessary arrangement for a body or bodies or other specialised relevant actors to carry out the following tasks:
2023/02/02
Committee: LIBEFEMM
Amendment 1201 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c
(c) provide support with data collection and exchange available information with corresponding European bodies such as the European Institute for Gender Equality.
2023/02/02
Committee: LIBEFEMM
Amendment 1204 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c a (new)
(ca) provide training to relevant competent authorities;
2023/02/02
Committee: LIBEFEMM
Amendment 1205 #

2022/0066(COD)

Proposal for a directive
Article 24 – paragraph 1 – subparagraph 1 – point c b (new)
(cb) monitoring of the transposition of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1207 #

2022/0066(COD)

2. Member States shall ensure that the bodies or other specialised relevant actors referred to in paragraph 1 can act on behalf or in support of one or several victims of violence against women or domestic violence in judicial proceedings, including for the application for compensation referred to in Article 26 and removal of online content referred to in Article 25, with the victims’ approval.
2023/02/02
Committee: LIBEFEMM
Amendment 1212 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 1
1. Member States shall take the necessary measures to ensure the prompt removal of material referred to in Article 7, points (a) and (b), Article 8a, Articles 9, points (c),a) and Articles 9(b) and 10. Those measures shall include the possibility for their competent judicial authorities to issue, upon application by the victim, binding legal orders to remove or disable access to such material addressed to relevant providers of intermediary services.
2023/02/02
Committee: LIBEFEMM
Amendment 1213 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 2 – introductory part
2. Member States shall ensure that orders referred to in paragraph 1 can be issued in interim proceedings, even prior to the termination of any criminal proceedings regarding the offences referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 where the judicial authority seized considers that:
2023/02/02
Committee: LIBEFEMM
Amendment 1214 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 2 – point a
(a) it has been presented with sufficient evidence to justify the conclusion that the conduct referred to in Article 7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 likely took place in respect of the applicant and that the material that is the object of the application constitutes material as referred to in those articles;
2023/02/02
Committee: LIBEFEMM
Amendment 1217 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 3
3. Member States shall ensure that orders referred to in paragraph 1 and 2 are valid for an appropriate time period not exceeding one year, subject to renewal for an additional appropriate time period, upon application by the victim, where the judicial authority seized considers that the conditions of paragraph 2 continue to be met. Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a), (b), Article 8a, Article 9, point (a) and (b) or Article 10 conclude with a finding that such an offence has been committed, the orders referred to in paragraphs 1 and 2 become permanent. However, Member States shall ensure that, where criminal proceedings regarding the offences referred to in Article 7, point (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10 are terminated without leading to the finding of such an offence having been committed, the orders are invalidated and the provider of intermediary services concerned is informed thereof.
2023/02/02
Committee: LIBEFEMM
Amendment 1223 #

2022/0066(COD)

Proposal for a directive
Article 25 – paragraph 6
6. Member States shall ensure that evidence is obtained and secured without undue delay after the offence is reported. Member States shall take all necessary measures to ensure that the removal of or disabling access to the material pursuant to the orders or other measures referred to in paragraphs 1 and 2 does not prevent the competent authorities from obtaining or securing the evidence necessary for the investigation and prosecution of the offences referred to in Article7, points (a) and (b), Article 8, point (c), Article 9a, Article 9, point (a) and (b) or Article 10.
2023/02/02
Committee: LIBEFEMM
Amendment 1241 #

2022/0066(COD)

Proposal for a directive
Article 26 – paragraph 5 – subparagraph 3
The limitation period for bringing a claim for compensation of criminal offences referred to in Article 7, 8, 8a, 9 and 10 shall commence with the victim’s knowledge of the offence.
2023/02/02
Committee: LIBEFEMM
Amendment 1246 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – introductory part
1. Member States shall ensure that specialist support services referred to in Article 9(3) of Directive 2012/29/EU are available for all victims of acts of violence covered by this Directive. The specialist support services shall provide, inter alia:
2023/02/02
Committee: LIBEFEMM
Amendment 1258 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – point a a (new)
(aa) immediate gender-sensitive support based on the victim´s needs, including safe shelters or first-hand medical care;
2023/02/02
Committee: LIBEFEMM
Amendment 1263 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – point b
(b) referrals to medical forensic examinations and comprehensive healthcare services;
2023/02/02
Committee: LIBEFEMM
Amendment 1264 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 – point b a (new)
(ba) where relevant, referrals to relevant specialist support services, such as specialist support services for victims of sexual violence, victims of female genital mutilation, forced sterilisation, victims of sexual harassment at work, victims of cyber violence, shelters, support centres, including for children, and primary prevention services;
2023/02/02
Committee: LIBEFEMM
Amendment 1276 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 1 a (new)
1a. Member States shall ensure that all of the specialist support services referred to in paragraph 1 are available within their territory and organised and geographically distributed in such a way as to ensure reasonable distances and capacity for victims. Particular attention shall be given to making the services accessible to women in rural and remote areas.
2023/02/02
Committee: LIBEFEMM
Amendment 1280 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 2
2. Specialist support referred to in paragraph 1 shall be offered in-person and shall be easily accessible, including online or through other adequate means, such as information and communication technologies, tailored to the needs of victims of violence against women and domestic violence, including those with disabilities and living in institutional care facilities.
2023/02/02
Committee: LIBEFEMM
Amendment 1283 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 3
3. Member States shall ensure sufficient human andthat all specialist support services have sufficient human resources, with adequately trained and specialised staff as well as sufficient, predictable, and sustainable financial resources to provide the services referred to in paragraph 1, especially those referred to in point (c) of that paragraph, including where such services are provided by non- governmental organisations.
2023/02/02
Committee: LIBEFEMM
Amendment 1292 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 5
5. Member States shall issue guidelines and protocols for healthcare and socialall relevant professionals, including healthcare, social services, and child protection or welfare services professionals on identifying and providing appropriate gender-sensitive support to victims of all forms of violence against women and domestic violence, including on referring victims to the relevant support services and avoiding secondary victimisation. Such guidelines and protocols shall also indicate how to address the specific needs of victims who are at an increased risk of such violence as a result of their experiencing discrimination based on a combination of sex and other grounds of discrimination. Such guidelines shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices and taking into consideration the process and content of the individual assessment of protection and support needs, as referred to in Article 18 and 19.
2023/02/02
Committee: LIBEFEMM
Amendment 1296 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 6
6. Member States shall ensure that specialist support services remain fully operational for victims of violence against women and domestic violence in times of crisis, such as health crises or other states of emergency. Member State shall work towards a specific EU protocol on violence against women in times of crisis and emergency, taking into account the lessons learnt during previous crisis situations or emergencies.
2023/02/02
Committee: LIBEFEMM
Amendment 1304 #

2022/0066(COD)

Proposal for a directive
Article 27 – paragraph 7
7. Member States shall ensure that specialist support services are available to victims before, during and for an appropriafter time after criminal proceedinghe offence occurs.
2023/02/02
Committee: LIBEFEMM
Amendment 1312 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 1
1. Member States shall provide for appropriately equipped, resourced and easily accessible rape crisis centres or sexual violence referral centres to ensure effective support to victims of sexual violence, including assisting in the preservation and documentation of evidence. These centres shall provide for: a) medical care and forensic examinations, trauma support and psychological counsellwhile ensuring the victim's free and informed consent to any medical treatment, b) sexual and reproductive healthcare, including, after the offence has been perpetrated and for as longccess to emergency contraception, screening and post- exposure prophylaxis for sexually transmitted infections and diseases as well as neaccessary thereafter. Where the victim is a child, such services shall be to safe and legal abortion. c) intersectional trauma support and psychological counselling, as well as d) accompaniment throughout judicial providceed in a child-friendly manner.gs, where the victim decides to bring charges,
2023/02/02
Committee: LIBEFEMM
Amendment 1321 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 2
2. The services referred to in paragraph 1 shall be available after the offence has been perpetrated and for as long as necessary thereafter, free of charge and accessible round-the-clock (24/7) every day of the week. They may be part of the services referred to in Article 27. Where the victim is a child, such services shall be provided in a child- friendly manner and be provided together with specialist support services for children.
2023/02/02
Committee: LIBEFEMM
Amendment 1323 #

2022/0066(COD)

Proposal for a directive
Article 28 – paragraph 2 a (new)
2a. Where a Member State's national law allows a competent health professional, or on some occasions entire medical institutions, to refuse to provide sexual and reproductive healthcare on the basis of the so-called conscience clause, which leads to the denial of abortion care on grounds of religion or conscience, Member States should ensure that the conscience clause does not put women’s timely access to SRH care at risk, by providing other viable, effective and accessible abortion services.
2023/02/02
Committee: LIBEFEMM
Amendment 1330 #
2023/02/02
Committee: LIBEFEMM
Amendment 1332 #

2022/0066(COD)

Proposal for a directive
Article 29 – paragraph 1
1. Member States shall ensure effective, accessible, age-appropriate support to victims of female genital mutilation and forced sterilisation, including by providing, gynaecological and obstetric, sexological, psychological and intersectional trauma care and counselling tailored to the specific needs of such victims, after the offence has been perpetrated and for as long as necessary thereafter. TIn cases of female genital mutilation, this shall also include the provision of information on units in public hospitals that perform genital and clitoral reconstructive surgery. Such support may be provided by the referral centres referred to in Article 28 or any dedicated health centre. Such specialist support shall be carried out with the highest standards of privacy, intimacy and confidentiality.
2023/02/02
Committee: LIBEFEMM
Amendment 1337 #

2022/0066(COD)

Proposal for a directive
Article 29 – paragraph 2
2. Article 27(3) and (6) and Article 28(2) shall be applicable to the provision of support for victims of female genital mutilation.
2023/02/02
Committee: LIBEFEMM
Amendment 1338 #

2022/0066(COD)

Proposal for a directive
Article 29 a (new)
Article 29a Specialist support for victims of cyberviolence 1. Member States shall provide for appropriately equipped, easily accessible cyber violence centres to ensure effective support to victims of cyber violence, including psychological support, legal counselling and assistance for obtaining judicial orders for removal or disabling access to certain online material as referred to in Article 25, assisting in the communication with relevant online intermediary service providers, including using notice and action mechanisms, and where relevant, assisting in the preservation and documentation of evidence. Such support may be part of services referred to in Article 27. 2. Article 27 shall be applicable to the provision of support for victims of female genital mutilation.
2023/02/02
Committee: LIBEFEMM
Amendment 1343 #
2023/02/02
Committee: LIBEFEMM
Amendment 1349 #

2022/0066(COD)

Proposal for a directive
Article 30 – paragraph 1
Member States shall ensure that safe, confidential and effective complaint and investigation mechanisms are available for victims and that external counselling services are available for victims and employers in cases of sexual harassment atin the world of work. These services shall include advice on adequately preventing and addressing such instances atin the workplaceld of work, on legal remedies available to the employer to remove the offender from the workplace and providing the possibility of early conciliation, if the victim so wishes.
2023/02/02
Committee: LIBEFEMM
Amendment 1352 #

2022/0066(COD)

Proposal for a directive
Article 30 – paragraph 1 a (new)
Member states shall ensure that counselling services and employers treat cases of sexual harassment at work confidentially.
2023/02/02
Committee: LIBEFEMM
Amendment 1360 #

2022/0066(COD)

Proposal for a directive
Article 31 – paragraph 1
1. Member States shall set up state- wide round-the-clock (24/7) telephone helplines, free of charge, to provide advicespecialist advice, information and counselling for victims of all forms of violence against women and domestic violence by trained professionals. Advice shall be provided confidentially or with due regard for their anonymity. Member States shall ensure the provision of such service also through other secure and accessible information and communication technologies, including online applications, in order to ensure a wide variety of contact options for the victims, including victims with disabilities.
2023/02/02
Committee: LIBEFEMM
Amendment 1363 #

2022/0066(COD)

Proposal for a directive
Article 31 – paragraph 1 a (new)
1a. Provisions in paragraph 1 shall be without prejudice to other existing helplines specialised on violence against women or domestic violence within a Member State, including those run by non-governmental organisations, and shall not lead to withdrawal of their support by Member States.
2023/02/02
Committee: LIBEFEMM
Amendment 1373 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 1
1. The shelters and other appropriate interim accommodations as provided for in Article 9(3), point (a), of Directive 2012/29/EU shall address the specific needs of women victims of domestic violence and sexual violenceviolence against women and domestic violence. Member States shall ensure the availability of women-only shelters and other interim accommodations. Such shelters shall be adequately equipped to provide accommodation for victims with children. They shall assist them in their recovery, providing safe, adequate and appropriate living conditions with a view on a return to independent living.
2023/02/02
Committee: LIBEFEMM
Amendment 1381 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 2
2. The shelters and other appropriate interim accommodations shall be equipped to accommodate the specific needs ofrights and needs of persons with disabilities as well as children, including child victims.
2023/02/02
Committee: LIBEFEMM
Amendment 1386 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 3
3. The shelters and other appropriate interim accommodations shall be available to all victims regardless of their nationality, citizenship, place of residence or residence status.
2023/02/02
Committee: LIBEFEMM
Amendment 1389 #

2022/0066(COD)

Proposal for a directive
Article 32 – paragraph 4
4. Article 27 (1), (2), (3) and (6) shall apply to shelters and other appropriate interim accommodations.
2023/02/02
Committee: LIBEFEMM
Amendment 1400 #

2022/0066(COD)

Proposal for a directive
Article 33 – paragraph 2
2. Child victims shall be provided with age-appropriate medical care, emotional, psychosocial, psychological and educational support, as well as any other appropriate support tailored in particular to situations of domestic violence, and in all stages of investigations and judicial proceedings.
2023/02/02
Committee: LIBEFEMM
Amendment 1408 #

2022/0066(COD)

Proposal for a directive
Article 33 a (new)
Article 33a Support for children orphans due to violence against women and domestic violence 1. Member States shall give the children of fatal victims of violence against women and domestic violence (and, consequently, orphans) the status of victims. 2. Member States shall ensure that orphans of victims of violence against women and domestic violence and their relatives are provided with specific adequate support during relevant criminal and civil proceedings, including inheritance proceedings, guardianship and custody. 3. Article 33(3) shall apply to children orphans as a consequence of violence against women and domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1413 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1
Member States shall establish and maintain safe places which allow a safe contact between a child and a holder of parental responsibilities who is an offender or suspect of violence against women or domestic violence, to the extent that the latter has rights of access. Member States shall ensure supervision by trained professionals, as appropriate, and in the best interests of the child, at the same time allowing for avoidance of contact between the offender or suspect and the non-violent parent or their relatives when accompanying the child to the meeting.
2023/02/02
Committee: LIBEFEMM
Amendment 1418 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 – point 1 (new)
(1) Member States shall take the necessary measures to ensure that, in parallel with the proceedings against the offender or suspect of violence against women or domestic violence who is a holder of parental responsibilities, child protection or welfare authorities take action ex officio with the aim to examine the custody and rights of access of the violent parent, in the best interest of the child, including in cases where the child is a witness of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1421 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 a (new)
Member States shall take the necessary legislative and other measures to ensure that in the process of determining custody and rights of access, the relevant competent authorities take into account all incidents of violence against women or domestic violence, including where the child is a witness, as well as any restraining or protection orders issued.
2023/02/02
Committee: LIBEFEMM
Amendment 1425 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 c (new)
The competent authorities, child protection or welfare services and other relevant specialised services shall conduct risk assessments in the process of determining custody and the rights of access in cases of violence against women and domestic violence, especially regarding vicarious violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1426 #

2022/0066(COD)

Proposal for a directive
Article 34 – paragraph 1 d (new)
Member States shall take the necessary measures to ensure that non-scientific theories and concepts, including parental alienation syndrome or any other related concept, when determining custody and rights of access in cases involving violence against women and domestic violence are not recognised in their judicial practice and law.
2023/02/02
Committee: LIBEFEMM
Amendment 1432 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 1
1. Member States shall ensure the provision of specific support to victims at an increased risk of violence against women or domestic violence, such as women with disabilities, women living in rural areas, women with dependant residence status or permit, undocumented migrant women, women applying for international protection, women fleeing from armed conflict, women affected by homelessness, women with no or low income, women with a minority racial or ethnic background, or women from sexual or gender-identity minorities, women sex workers, women detainees, or older women.
2023/02/02
Committee: LIBEFEMM
Amendment 1438 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 2
2. The support services under Articles 27 to 32 shall be sufficiently, predictably and sustainably funded to have sufficient capacities to accommodate and assist victims with disabilities, taking into consideration their specific needs, including personal assistance.
2023/02/02
Committee: LIBEFEMM
Amendment 1445 #

2022/0066(COD)

Proposal for a directive
Article 35 – paragraph 4
4. Member States shall ensure that persons can report occurrences of violence against women or domestic violence in reception and detention centres as well as in institutional care facilities to the relevant staff and that protocols are in place to adequately and swiftly address such reports in accordance with the requirements in Article 18, 19 and 20.
2023/02/02
Committee: LIBEFEMM
Amendment 1452 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 1
1. Member States shall take all appropriate and targeted actions to prevent violence against women and domestic violence, based on a three-pronged approach including primary, secondary as well as tertiary prevention, and ensure their adequate coordination. All these measures shall be developed in cooperation with relevant professionals, civil society organisations, women´s specialist services, social partners, impacted communities and other relevant stakeholders, be evidence-based and implemented in a gender- and trauma- sensitive manner.
2023/02/02
Committee: LIBEFEMM
Amendment 1456 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 2
2. Primary preventive measures shall be aimed at preventing violence from ever occurring and shall include awareness- raising campaigns, to increasearch and education programmes, where appropriate developed in cooperation with relevant civil society organisations, social partners, impacted communities and other stakeholder understanding among the general public of the different manifestations of all forms of violence and their consequences, and social protection policies, research on risk and protective factors of violence against women and domestic violence, and education programmes throughout life cycle adapted to the capacity of learners, especially age-appropriate comprehensive sexuality and relationship education and equality education both in and outside of formal education as well as programmes on prevention-relevant skills.
2023/02/02
Committee: LIBEFEMM
Amendment 1464 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 2 a (new)
2a. Secondary preventive measures shall be aimed at early detection of violence and prevention of its progression or escalation while tertiary prevention shall be focused on prevention of reoffending and revictimisation, as well as at proper management of consequences of the violence. These measures shall include, among others, promotion of bystander intervention, early intervention centres as well as intervention programmes as referred to in Article 38.
2023/02/02
Committee: LIBEFEMM
Amendment 1468 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 3
3. Member States shall make information on preventive measures, the rights of victims, access to justice and to a lawyer, and the available protection and support measures available to the general publicand easily accessible to the general public, via various medias, in relevant languages and in different formats, including in formats accessible to persons with disabilities.
2023/02/02
Committee: LIBEFEMM
Amendment 1475 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 4
4. Targeted action shall be addressed to groups at risk,with specific needs and groups at risk, such as those referred to in Article 35 (1) and including children, according to their age and maturity, and persons with disabilities, taking into consideration language barriers and different levels of literacy and abilities. Information for children shall be formulated in a child- friendly way.
2023/02/02
Committee: LIBEFEMM
Amendment 1482 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 5
5. PAll preventive measures shall in particular aim at challenging harmful gender stereotypes, educating on the concept of consent, promoting equality between women and men, encouraging all, including men and boys, to act as positive role models to support corresponding behaviour changes across society as a whole in line with the objectives of this directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1490 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 6
6. Preventive measures shall develop and/or increase sensitivity about the harmful practice of female genital mutilation and forced sterilisation.
2023/02/02
Committee: LIBEFEMM
Amendment 1496 #

2022/0066(COD)

Proposal for a directive
Article 36 – paragraph 7
7. Preventive measures shall also specifically address cyber violence. In particular, Member States shall ensure that education measures include the development of digital literacy skills, including critical engagement with the digital world and critical thinking, to enable users to identify and address cases of cyber violence as well as to recognise its different forms, seek support and prevent its perpetration. Member States shall foster multidisciplinary and stakeholder cooperation, including intermediary services and competent authorities to develop and implement measures to tackle cyber violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1510 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 1
1. Member States shall ensure that professionals likely to come into contact with victims, including law enforcement authorities, court staff, judges and prosecutors, lawyers, prevention workers, providers of victim support and restorative justice services, healthcare professionals, social services, educational and other relevant staff, receive both general and specialist training and targeted information to a level appropriate to their contacts with victims, to enable them to identify, prevent and address instances of violence against women or domestic violence, avoid further violence or revictimisationd to treat victims in a trauma- , gender-, disability- and child- sensitive manner and to inform the victims of their rights.
2023/02/02
Committee: LIBEFEMM
Amendment 1516 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 1 a (new)
1a. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes.
2023/02/02
Committee: LIBEFEMM
Amendment 1517 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 1 b (new)
1b. Member States shall ensure that competent authorities in charge of carrying out individual assessment of victim´s protection needs, as referred to in Article 18, receive specialised training both on physical and non-physical forms of violence, such as psychological violence or controlling or coercive behaviour, as well as on harmful gender stereotypes, in order to enable swift and appropriate follow-up actions.
2023/02/02
Committee: LIBEFEMM
Amendment 1522 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 2
2. Relevant health professionals, including paediatricians , gynaecologists, obstetriciand, midwives, and sexologists shall receive targeted training to identify and address, in a cultural-sensitive manner, the physical, psychological and sexual consequences of female genital mutilation.
2023/02/02
Committee: LIBEFEMM
Amendment 1526 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 2 a (new)
2a. Healthcare professionals shall also receive regular trainings aimed at preventing occurrence of violence in healthcare settings, including training on patient´s informed consent and on treating patients in a non-discriminatory, respectful and dignified manner.
2023/02/02
Committee: LIBEFEMM
Amendment 1530 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 3
3. Persons with supervisory functions in the workplace, in both the public and private sectors, shall receive adequate training on how to recognise, prevent and address sexual harassment at work, including on risk assessments concerning occupational safety and health risks, to provide support to victims affected thereby and respond in an adequate manner. Those persons and employers shall receive information, training and guidance about the effects of violence against women and domestic violence on workers and the risk of third party violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1533 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 4
4. The training activities referred to in paragraphs 1 and 2a, 1b, and 2a of this Article shall include training on co-ordinated multi-agency and multi-disciplinary co- operation to allow for a comprehensive and appropriate handling of referrals in cases of violence against women or domestic violence.
2023/02/02
Committee: LIBEFEMM
Amendment 1540 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 6
6. Member States shall ensure that the authorities competent for receiving reports of offences from victims are appropriately trained to facilitate and assist in the reporting of such crimes, including necessary adaptions of the process of reporting crimes in cases where the victim has one or multiple disabilities and/or is living in an institution.
2023/02/02
Committee: LIBEFEMM
Amendment 1545 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 7
7. Training activities referred to in paragraphs 1 and 2a, 1b, 2 and 2a of this Article shall be regular and mandatory, including on cyber violence, and built on the specificities of violence against women and domestic violence. Such training activities shall include training on how to identify and address the specific protection and support needs of victims who face a heightened risk of violence due to their experiencing discrimination based on a combination of sex and other grounds. Such training shall be provided by qualified trainers adhering to strict quality standards in terms of training duration, frequency, methods and outcomes in line with objectives of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1547 #

2022/0066(COD)

Proposal for a directive
Article 37 – paragraph 7 a (new)
7a. Training materials and activities shall be elaborated and reviewed and, where necessary updated, on a regular basis, in light of their practical application, in consultation and cooperation with victims, women´s specialist services, victim protection centres, healthcare professionals and other relevant actors, based on evidence, their expertise and best practices, and taking into account the need for multi- disciplinary and multi-agency cooperation and coordination. Particular importance shall be given to establishing solid referral pathways to specialist support services, as well as to safe and confidential processing of victim´s personal data.
2023/02/02
Committee: LIBEFEMM
Amendment 1553 #

2022/0066(COD)

1. Member States shall take the necessary measures to ensure that targeted and effective intervention programmes are established to prevent and minimise the risk of committing offences of violence against women or domestic violence, or reoffending, with trained and skilled professionals, in close cooperation with specialist support services for victims, to prevent and minimise the risk of committing offences of violence against women or domestic violence, and reoffending. These programmes shall seek to help offenders understand and recognise their responsibility, change their harmful attitudes and behaviours as well as to adopt non-violent behaviour in interpersonal relationships.
2023/02/02
Committee: LIBEFEMM
Amendment 1562 #

2022/0066(COD)

Proposal for a directive
Article 38 a (new)
Article 38a National strategies on preventing and combatting violence against women and domestic violence 1. Within two years after the entry into force of this Directive, Member States shall establish, publish and implement a national strategy on preventing and combating violence against women and domestic violence, which as a minimum shall address the following: (a) the objectives and priorities of national policy in this area; (b) the roles and responsibilities of all the competent authorities involved in preventing and countering offences of violence against women and domestic violence; (c) the modes of coordination and cooperation between the competent authorities, as well as with specialist support services and civil society; (d) the cooperation and coordination between criminal and civil proceedings related to the offences of violence against women and domestic violence; (e) the resources needed and how specialisation of enforcement professionals will be supported; (f) the procedures and mechanisms for regular monitoring and evaluation of the results achieved; (g) assistance of European networks working on matters directly relevant to combating violence against women and domestic violence; 2. Member States shall ensure that the strategy is reviewed and updated at regular intervals.
2023/02/02
Committee: LIBEFEMM
Amendment 1570 #

2022/0066(COD)

Proposal for a directive
Article 39 – paragraph 4
4. It shall be responsible for coordinating policies at the central, regional and local levels and liaising with relevant European agencies and bodies.
2023/02/02
Committee: LIBEFEMM
Amendment 1572 #
2023/02/02
Committee: LIBEFEMM
Amendment 1575 #

2022/0066(COD)

Proposal for a directive
Article 40 – paragraph 1
1. Member States shall put in place appropriate mechanisms to ensure effective coordination and cooperation, at the national level, of relevant authorities, agencies and bodies, including local and regional authorities, law enforcement agencies, the judiciary, public prosecutors, support service providers as well as non- governmental organisations, in particular women´s specialist services, social services, including child protection or welfare authorities, education and healthcare providers, social partners, without prejudice to their autonomy, and other relevant organisations and entities.
2023/02/02
Committee: LIBEFEMM
Amendment 1576 #

2022/0066(COD)

Proposal for a directive
Article 40 – paragraph 2
2. Such mechanisms shall pertain to all stages, areas and aspects of violence against women and domestic violence, and in particular pertain to the individual assessments under Articles 18 and 19, and the provision of protection and support measures under Article 21 and entire Chapter 4, the guidelines for law enforcement and judicial authorities under Article 23, and in the trainings for professionals as referred to in Article 37.
2023/02/02
Committee: LIBEFEMM
Amendment 1578 #

2022/0066(COD)

Proposal for a directive
Article 41 – paragraph 1
Member States shall closely cooperate with and consult in a consistent and structured manner with relevant civil society organisations, includingespecially non-governmental organisations working with victims of violence against women or domestic violence, in particular in providing support to victims, concerning policymaking initiatives, inform and women´s specialist services, and recognise them as equal partners, in order to enhance their meaningful participation in the whole process of policymaking as well as implementation, monitoring, evaluationg and awareness-raising campaigns, research and education programmes and in training, as well as in monitoring and evaluating the impact of measures to support and protect victims. review of impact of policies, initiatives and measures on preventing and combatting violence against women and domestic violence, as referred to in this Directive, in particular in providing support to victims, information and awareness-raising campaigns, research and education programmes and in training.
2023/02/02
Committee: LIBEFEMM
Amendment 1590 #

2022/0066(COD)

Proposal for a directive
Article 43 – paragraph 1 – introductory part
Member States shall take appropriate action to facilitate cooperation between each other as well as with the EU institutions, agencies and bodies to improve the implementation of this Directive. Such cooperation shall aim at least at:
2023/02/02
Committee: LIBEFEMM
Amendment 1592 #

2022/0066(COD)

Proposal for a directive
Article 43 – paragraph 1 – point a
(a) exchanging best practices and consulting each other in individual cases, including through Eurojust and the European Judicial Network in criminal matters, in particular in, but not limited to, cross-border cases;
2023/02/02
Committee: LIBEFEMM
Amendment 1594 #

2022/0066(COD)

Proposal for a directive
Article 43 – paragraph 1 – point b
(b) exchanging information and best practices with relevant Union agencies and cooperating with them on the establishment of common standards and guidelines;
2023/02/02
Committee: LIBEFEMM
Amendment 1602 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 1
1. Member States shall have a system in place for theregular collection, development, production and dissemination of statistics on violence against women orand domestic violence, including the forms of violence referred to in Articles 5 to 10.
2023/02/02
Committee: LIBEFEMM
Amendment 1606 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – introductory part
2. The statistics shall be published at least annually and shall include the following data disaggregated by sex, age of the victim and of the offender, disability, relationship between the victim and the offender and type of, type of offence, and place of the offence:
2023/02/02
Committee: LIBEFEMM
Amendment 1613 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point a
(a) the number of victims who experienced violence against women orand domestic violence during the last 12 months, last five years and lifetime;
2023/02/02
Committee: LIBEFEMM
Amendment 1622 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point b
(b) the annual number of such victims, of reported offences, of persons prosecuted for and convicted of such forms of violence, obtained from national administrative sources.
2023/02/02
Committee: LIBEFEMM
Amendment 1623 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 2 – point b a (new)
(ba) c) annual and monthly number of fatal victims and orphan children; d) information on the existence of an official claim filed by the fatal victim; e) the number of cases reported to the law enforcement authorities; offences, f) the number of cases reported to specialist support services as referred to in Articles 27 to 32; g) the numbers of emergency barring, restraining and protection orders issued; h) the numbers of cases investigated, prosecuted and adjudicated; i) the number of convictions for the offences; j) the types and levels of sanctions imposed on offenders for violence against women and domestic violence, including per categories of offences as referred to in Articles 5 to 10; k) the average length of investigations and of criminal proceedings; l) number of calls to national helplines.
2023/02/02
Committee: LIBEFEMM
Amendment 1633 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 4
4. In order to ensure administrative data comparability across the Union, Member States shall collect administrative datadata referred to in paragraph 2 on the basis of common disaggregations developed in cooperation with and according to the methodology developed by the European Institute for Gender Equality in accordance with paragraph 5. They shall transmit this data to the European Institute for Gender Equality on a yearly basis. The European Institute for Gender Equality shall regularly publish a report based on the statistical data transmitted by the Member States. The transmitted data shall not contain personal data.
2023/02/02
Committee: LIBEFEMM
Amendment 1638 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 5
5. The European Institute for Gender Equality shall support Member States in the data gathering referred to in paragraph 2, point (b), including by establishing common standards on counting units, counting rules, common disaggregations, reporting formats, and on the classification of criminal offences. Civil society organisations working on preventing and combatting violence against women and domestic violence, in particular women´s specialist services, shall be involved in the development of the methodologies for surveys and data collection.
2023/02/02
Committee: LIBEFEMM
Amendment 1642 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 6
6. The Member States shall make the collected statistics available to the public in easily accessible and understandable manner. The statistics shall not contain personal data.
2023/02/02
Committee: LIBEFEMM
Amendment 1645 #

2022/0066(COD)

Proposal for a directive
Article 44 – paragraph 7
7. The Member States shall support research on root causes, effects, incidences and conviction rates of the forms of violence covered by this Directive, in close cooperation with relevant competent authorities and specialist support services.
2023/02/02
Committee: LIBEFEMM
Amendment 1647 #

2022/0066(COD)

Proposal for a directive
Article 44 a (new)
Article 44a Resources 1. Member States shall ensure that national authorities that detect, investigate, prosecute and adjudicate offences within the scope of this Directive have a sufficient number of adequately trained specialised staff, including through the establishment of dedicated specialised units or chambers, and ensure that these national authorities have sufficient financial, technical and technological resources necessary for the effective performance of their functions related to the implementation of this Directive. 2. Member States shall ensure that all specialised support service providers, including non-governmental women´s specialist services, as well as other relevant actors are provided with sufficient, predictable, and sustainable funding and human, technical and technological resources necessary to ensure effective performance of their functions related to the implementation of this Directive. 3. Member States shall ensure sufficient, predictable and sustainable funding for all types of measures laid out in this Directive, including prevention, protection, access to justice, victim support as well as coordination and cooperation measures.
2023/02/02
Committee: LIBEFEMM
Amendment 1651 #

2022/0066(COD)

Proposal for a directive
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 7
7. Member States shall ensure that the following intentional conduct shall be punishable by a maximum term of imprisonment of at least 125 years:
2023/02/02
Committee: LIBEFEMM
Amendment 1652 #

2022/0066(COD)

Proposal for a directive
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 8
8. Where the child is above the age of sexual consent and does not consent to the act, Member States shall ensure that the conduct set out in paragraph 7 is punishable by a maximum term of imprisonment of at least 102 years.
2023/02/02
Committee: LIBEFEMM
Amendment 1653 #

2022/0066(COD)

Proposal for a directive
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – paragraph 9
For the purpose of paragraph 8, Member States shall ensure that a non-consensual act is understood as an act which is performed without the child’s explicit consent given voluntarily, or where the child is unable to form and express a free will due to the presence of circumstances referred to in paragraph 5, including the child’s physical or mental condition such as a state of unconsciousness, intoxication, sleep, illness or bodily injury.
2023/02/02
Committee: LIBEFEMM
Amendment 1654 #

2022/0066(COD)

Proposal for a directive
Article 45 – paragraph 1
Directive 2011/93/EU
Article 3 – Paragraph 9
Consent can be withdrawn at any moment during the act. The absence of consent cannot be refuted exclusively by the child’s silence, verbal or physical non-resistance or past sexual conduct or existing or past relationship with the offender, including marital status. Consent shall be given for each separate act.
2023/02/02
Committee: LIBEFEMM
Amendment 1658 #

2022/0066(COD)

Proposal for a directive
Article 47 – paragraph 1
1. By [sevenfour years after the entry into force of this Directive] at the latest, and every two years thereafter, Member States shall communicate to the Commission all relevant information concerning the application of this Directive necessary for the Commission to draw up a report on the application of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 1659 #

2022/0066(COD)

Proposal for a directive
Article 47 – paragraph 2
2. On the basis of the information provided by Member States pursuant to paragraph 1, the Commission shall regularly and in line with the reporting obligations of Member States submit to the European Parliament and the Council a report in which it reviews the application of this Directive.
2023/02/02
Committee: LIBEFEMM
Amendment 53 #

2022/0051(COD)

Proposal for a directive
Recital 22
(22) In order to reflect the priority areas of international action aimed at tackling human rights and environmental issues, the selection of high-impact sectors for the purposes of this Directive should be based on existing sectoral OECD due diligence guidance. The following sectors should be regarded as high-impact for the purposes of this Directive: the manufacture of textiles, leather and related products (including footwear), and the wholesale trade of textiles, clothing and footwear; agriculture, forestry, fisheries (including aquaculture), the manufacture of food products, and the wholesale trade of agricultural raw materials, live animals, wood, food, and beverages; the extraction of mineral resources regardless of where they are extracted from (including crude petroleum, natural gas, coal, lignite, metals and metal ores, as well as all other, non-metallic minerals and quarry products), the manufacture of basic metal products, other non-metallic mineral products and fabricated metal products (except machinery and equipment), and the wholesale trade of mineral resources, basic and intermediate mineral products (including metals and metal ores, construction materials, fuels, chemicals and other intermediate products). For the proper classification of the areas covered by the high-impact sectors listed above, the Commission should present a list of NACE codes for those stages of production or parts of sectors, where there is significant risks of adverse impacts on human rights and the environment. The list, which is to be developed with duly notice to the input from the sectors concerned, should be presented in a delegated act no later than one year after entry into force of this Directive, together with clear guidelines including for specific sectors and specific company sizes. As regards the financial sector, due to its specificities, in particular as regards the value chain and the services offered, even if it is covered by sector-specific OECD guidance, it should not form part of the high-impact sectors covered by this Directive. At the same time, in this sector, the broader coverage of actual and potential adverse impacts should be ensured by also including very large companies in the scope that are regulated financial undertakings, even if they do not have a legal form with limited liability.
2022/11/15
Committee: EMPL
Amendment 79 #

2022/0051(COD)

Proposal for a directive
Recital 42
(42) Companies should provide the possibility for persons and organisations to submit complaints directly to them in case of legitimate concerindications regarding actual or potential human rights and environmental adverse impacts. Such complaints should be factually justified and reasonably documented. Organisations who could submit such complaints should include trade unions and other workers’ representatives representing individuals working in the value chain concerned and civil society organisations active in the areas related to the value chain concerned where they have knowledge about a potential or actual adverse impact. Companies should establish a procedure for dealing with those complaints and inform workers, trade unions and other workers’ representatives, where relevant, about such processes. Recourse to the complaints and remediation mechanism should not prevent the complainant from having recourse to judicial remedies. In accordance with international standards, complaints should be entitled to request from the company appropriate follow-up on the complaint and to, for example in written form or through meetings with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint. This access should not lead to unreasonable solicitations of companies.
2022/11/15
Committee: EMPL
Amendment 115 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1 – point a
(a) on obligations for companies regarding actual and potential human rights adverse impacts and environmental adverse impacts, with respect to their own operations, the operations of their subsidiaries, and the valuesupply chain operations carried out outside of the EU and by entities with whom the company has an established direct business relationship and
2022/11/18
Committee: INTA
Amendment 129 #

2022/0051(COD)

Proposal for a directive
Article 1 – paragraph 2 a (new)
2 a. Member States shall not maintain or introduce, in their national laws, provisions diverging from those laid down in this Directive, unless otherwise provided for in the Directive.
2022/11/18
Committee: INTA
Amendment 137 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point a
(a) the company had more than 500 employees on average and had a net worldwide turnoverturnover within the Union of more than EUR 150 million in the last financial year for which annual financial statements have been prepared;
2022/11/18
Committee: INTA
Amendment 144 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b a (new)
(b a) For the proper classification of the areas covered by the high-impact sectors listed in paragraph (b), the Commission shall develop a delegated act, in accordance with Article 28 of this Directive. The delegated act shall list NACE codes for those stages of production or parts of sectors within the high-impact sectors, where there is significant risks of adverse impacts on human rights or the environment. In the process of developing the delegated act, the Commission shall take duly notice of the input provided by the sectors concerned. The delegated act shall be presented by the Commission within one year of the entry into force of this Directive.
2022/11/15
Committee: EMPL
Amendment 146 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – subparagraph 1 (new)
Member States shall take the necessary measures to provide tailored support and specific guidelines for the companies that are excluded from the scope of this Directive, but might be impacted indirectly. The purpose of the tailored support shall be to incentivize companies of all sizes to conduct due diligence, and enhance their capacity to do so.
2022/11/15
Committee: EMPL
Amendment 146 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b – introductory part
(b) the company did not reach the thresholds under point (a), but had more than 250 employees on average and had a net worldwide turnover of more than EUR 40 million within the Union in the last financial year for which annual financial statements have been prepared, provided that at least 50% of this net turnover was generated in one or more of the following sectors:
2022/11/18
Committee: INTA
Amendment 147 #

2022/0051(COD)

Proposal for a directive
Article 2 – paragraph 1 – point b b (new)
(b b) The obligations listed in this Directive shall not apply to companies where the number of employees and net turnover is lower than the threshold referred to in paragraph b). The potential future inclusion of those companies shall be assessed by the Commission, in accordance with Article 29 a) of this Directive.
2022/11/15
Committee: EMPL
Amendment 186 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point n
(n) ‘stakeholders’ means the company’s employees, the employees of its subsidiaries, and other individuals, groups, communities or entities whose rights or interests are or could be directly affected by the products, services and operations of that company, its subsidiaries and its business relationships;
2022/11/15
Committee: EMPL
Amendment 210 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point f
(f) ‘established business relationship’ means a direct business relationship, whether direct or indirect, which is, or which is expected to be lasting, in view of its intensity or duration and which does not represent a negligible or merely ancillary part of the valuesupply chain;
2022/11/18
Committee: INTA
Amendment 223 #

2022/0051(COD)

Proposal for a directive
Article 6 – paragraph 4
4. Member States shall ensure that, for the purposes of identifying and assessing the adverse impacts referred to in paragraph 1 based on, where appropriate, quantitative and qualitative information, companies are entitled to make use of appropriate resources, including independent reports and information gathered through the complaints procedure provided for in Article 9. Companies shall, where relevant, also carry out consultations with potentialdirectly affected groups including workers and other relevant stakeholders to gather information on actual or potential adverse impacts.
2022/11/15
Committee: EMPL
Amendment 234 #

2022/0051(COD)

Proposal for a directive
Article 3 – paragraph 1 – point q
(q) ‘appropriate measure’ means a measure that is capable of achieving the objectives of due diligence, commensurate with the degree of severity and the likelihood of the adverse impact, and reasonably available to the company, taking into account the circumstances of the specific case, including characteristics of the economic sector and of the specific direct business relationship and the company’s influence thereof, and the need to ensure prioritisation of action.
2022/11/18
Committee: INTA
Amendment 279 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerindications regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chains. The complaint shall be factually justified and reasonably documented.
2022/11/15
Committee: EMPL
Amendment 288 #

2022/0051(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
Member States shall provide for, as a last resort, the availability of an option to terminate the business relationship in contracts governed by their laws.
2022/11/18
Committee: INTA
Amendment 294 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point a
(a) persons who are directly affected or have reasonable grounds to believe that they mightwill be affected by an adverse impact,
2022/11/15
Committee: EMPL
Amendment 296 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall ensure that companies provide the possibility for persons and organisations listed in paragraph 2 to submit complaints to them where they have legitimate concerns regarding actual or potential adverse human rights impacts and adverse environmental impacts with respect to their own operations, the operations of their subsidiaries and their value chainssupply chains outside of the Union. The complaint must be factually justified and reasonably documented.
2022/11/18
Committee: INTA
Amendment 307 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – introductory part
4. Member States shall ensure that complainants are entitled to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, for example in written form or through meetings with the company’s representatives at an appropriate level.
2022/11/15
Committee: EMPL
Amendment 311 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point a
(a) to request appropriate follow-up on the complaint from the company with which they have filed a complaint pursuant to paragraph 1, andeleted
2022/11/15
Committee: EMPL
Amendment 314 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b
(b) to meet with the company’s representatives at an appropriate level to discuss potential or actual severe adverse impacts that are the subject matter of the complaint.deleted
2022/11/15
Committee: EMPL
Amendment 319 #

2022/0051(COD)

Proposal for a directive
Article 9 – paragraph 2 – point b
(b) trade unions and, other workers’ representatives or civil society organisations representing individuals working in the valueor affected by the supply chain concerned,
2022/11/18
Committee: INTA
Amendment 334 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission shall issue guidelines, in consultation with Member States and stakeholder, industry representatives, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, may issu. The guidelines, including for specific sectors or specific adverse impacts should include guidance for specific sectors as defined by NACE codes, in accordance with Article 2 and 28, taking into account already existing sectoral schemes for due diligence.
2022/11/15
Committee: EMPL
Amendment 344 #

2022/0051(COD)

Proposal for a directive
Article 13 – paragraph 1
In order to provide support to companies or to Member State authorities on how companies should fulfil their due diligence obligations, the Commission, in consultation with Member States and stakeholders, the European Union Agency for Fundamental Rights, the European Environment Agency, and where appropriate with international bodies having expertise in due diligence, mayshall issue specific and timely guidelines, including for specific sectors or specific adverse impacts. In particular, those guidelines shall facilitate the compliance of all companies with the obligations laid down in this Directive, taking into account the need to simplify the administrative burden for smaller companies, to ensure a level playing field within the Union and to ensure a consistent implementation of this Directive.
2022/11/18
Committee: INTA
Amendment 357 #

2022/0051(COD)

Proposal for a directive
Article 29 – paragraph 1 – point a
(a) whether the thresholds regarding the number of employees and net turnover laid down in Article 2(1) need to be lowered, while paying attention to tailored-made measures designed for the specific needs of these companies in view of an effective implementation of the Directive;
2022/11/15
Committee: EMPL
Amendment 122 #

2022/0047(COD)

Proposal for a regulation
Recital 14
(14) Physical products that obtain, generate or collect, by means of their components, data concerning their performance, use or environment and that are able to communicate that data via a publicly available electronic communications service (often referred to as the Internet of Things) should be covered by this Regulation. Electronic communications services include land- based telephone networks, television cable networks, satellite-based networks and near-field communication networks. Such products may include vehicles, home equipment and consumer goods, medical and health devices or agricultural and industrial machinery. The data represent the digitalisation of user actions and events and should accordingly be accessible to the user, while information derived or inferred from this data, where lawfully held, should not be considered within scope of this Regulation. Such data are potentially valuable to the user and support innovation and the development of digital and other services protecting the environment, health and the circular economy, in particular though facilitating the maintenance and repair of the products in question. Product- design data, that relate exclusively to the inner functioning and design of a product and do not present a significant interest to the user, for example data generated or collected as a by product of the interaction between components of sub-components of a system, should be excluded from the scope of this Regulation, provided the product manufacturer can show sharing such data brings no significant benefits to the user in reasonably foreseeable use cases such as the maintenance and repair of the product.
2022/11/17
Committee: LIBE
Amendment 127 #

2022/0047(COD)

Proposal for a regulation
Recital 17
(17) Data generated by the use of a product or related service include data recorded intentionally by the user. Such data include also data generated as a by- product of the user’s action, such as diagnostics data, and without any action by the user, such as when the product is in ‘standby mode’, and data recorded during periods when the product is switched off. Such data should include data in the form and format in which they are generated by the product, but not pertain to data resulting from any software process that calculates derivative data from such data as such software process may be subject to intellectual property rights. Product design data, that relate exclusively to the inner functioning and design of a product,should be excluded from the scope of this Regulation insofar as such data brings no significant benefits to the user in reasonably foreseeable uses cases.
2022/11/17
Committee: LIBE
Amendment 223 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1 a (new)
(1 a) “product design data” are data that relate exclusively to the internal functioning of the system and design of the product, for instance in relation to interfaces and interactions between internal components or sub-components of the system;
2022/11/17
Committee: LIBE
Amendment 252 #

2022/0047(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 10
(10) ‘public emergency’ means an exceptional situation such as public health emergencies, emergencies resulting from natural disasters, as well as human- induced major disasters, such as major cybersecurity incidents, negatively affecting the population of the Union, a Member State or part of it, with a risk of serious and lasting repercussions on living conditions or economic stability, or the substantial degradation of economic assets in the Union or the relevant Member State(s) and which is determined according to the respective procedures under Union or national law;
2022/11/17
Committee: LIBE
Amendment 331 #

2022/0047(COD)

Proposal for a regulation
Article 6 – paragraph 2 a (new)
2 a. The third party shall implement adequate organizational, technical and cybersecurity measures to preserve the integrity of the data and to ensure its protection against unauthorised disclosure.
2022/11/17
Committee: LIBE
Amendment 355 #

2022/0047(COD)

Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)
(b a) inform the user of the unauthorised use or disclosure of the data and measures taken to put an end to the unauthorised use or disclosure of the data.
2022/11/17
Committee: LIBE
Amendment 367 #

2022/0047(COD)

Proposal for a regulation
Article 14 – paragraph 2 a (new)
2 a. This Chapter is without prejudice to Regulation (EU) 2016/679 and Regulation (EU) 2018/1725.
2022/11/17
Committee: LIBE
Amendment 380 #

2022/0047(COD)

Proposal for a regulation
Article 15 – paragraph 1 – point c – point 2
(2) obtaining the data in line with the procedure laid down in this Chapter would substantively reduce the administrative burden for data holders or other enterprises.deleted
2022/11/17
Committee: LIBE
Amendment 407 #

2022/0047(COD)

Proposal for a regulation
Article 18 – paragraph 5
5. Where compliance with the request to make data available to a public sector body or a Union institution, agency or body requires the disclosure of personal data, the applicable rules on personal data protection shall be fully complied with. The data holder shall take reasonable efforts to pseudonymise the datapersonal data made available, insofar as the request can be fulfilled with pseudonymised data.
2022/11/17
Committee: LIBE
Amendment 417 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b a (new)
(b a) implement adequate administrative, technical and cybersecurity measures to prevent the unauthorised disclosure of the data;
2022/11/17
Committee: LIBE
Amendment 418 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 1 – point b b (new)
(b b) inform without undue delay the data holder when a security incident has occurred that is affecting the confidentiality,integrity, or availability of the data it holds that was provided by the data holder;
2022/11/17
Committee: LIBE
Amendment 420 #

2022/0047(COD)

Proposal for a regulation
Article 19 – paragraph 2
2. Disclosure of trade secrets or alleged trade secrets to a public sector body or to a Union institution, agency or body shall only be required to the extent that it is strictly necessary to achieve the purpose of the request. In such a case, the public sector body or the Union institution, agency or body shall take appropriate technical, cybersecurity, and organizational measures to preserve the confidentiality of those trade secrets and to ensure the security of the data and the prevention of its unauthorised disclosure.
2022/11/17
Committee: LIBE
Amendment 430 #

2022/0047(COD)

Proposal for a regulation
Article 21 – paragraph 4
4. Where a public sector body or a Union institution, agency or body transmits or makes data available under paragraph 1, it shall notify the data holder from whom the data was received, providing all necessary information regarding the identity of the data recipient and the activities to be carried out by the data recipient, and shall ensure all organizational,technical, and cybersecurity measures to preserve the integrity of the data and to prevent its unauthorised disclosure.
2022/11/17
Committee: LIBE
Amendment 457 #

2022/0047(COD)

Proposal for a regulation
Article 28 – paragraph 5
5. The Commission shallmay, by way of implementing acts, adopt common specifications, where harmonised standards referred to in paragraph 4 of this Article do not exist or in case it considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article, where necessary, with respect to any or all of the requirements laid down in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Common specifications shall be developed in an open, transparent, technology-neutral manner, in consultation with industry and relevant stakeholders.
2022/11/17
Committee: LIBE
Amendment 461 #

2022/0047(COD)

Proposal for a regulation
Article 30 – paragraph 6
6. Where harmonised standards referred to in paragraph 4 of this Article do not exist or where the Commission considers that the relevant harmonised standards are insufficient to ensure conformity with the essential requirements in paragraph 1 of this Article in a cross- border context, the Commission may, by way of implementing acts, adopt common specifications in respect of the essential requirements set out in paragraph 1 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 39(2). Common specifications shall be developed in an open, transparent, technology-neutral manner, in consultation with industry and relevant stakeholders.
2022/11/17
Committee: LIBE
Amendment 1 #

2021/2170(INI)

Draft opinion
Recital -A (new)
-A. whereas the eradication of poverty is one of the priorities of the EU, enshrined in Article 3 TEU, Article 34 of the Charter of Fundamental Rights and the European Pillar of Social Rights Action Plan headline target, reflecting the EU's commitment to combat poverty in its policies;
2021/12/08
Committee: EMPL
Amendment 15 #

2021/2170(INI)

Draft opinion
Recital B
B. whereas the COVID-19 crisis has had a severe impact on labour income and wealth and is halting improvements in AROPE; whereas support measures have cushioned the negative effects of the crisis in the short ruwomen are more at risk of COVID-19 contamination due to their overrepresentation in essential frontline and more exposed occupations; whereas the pandemic disproportionately affects them in the socio-economic sphere, deepens existing discrimination and results in even more inequalities between women and men in the labour market, considering that women are more at risk of unemployment or reducing their working hours as a result of the health crisis and resulting care responsibilities; whereas support measures have cushioned the negative effects of the crisis in the short run; whereas the full economic, employment and social consequences of the pandemic are still unknown;
2021/12/08
Committee: EMPL
Amendment 24 #

2021/2170(INI)

Draft opinion
Recital C a (new)
Ca. whereas, according to Eurostat, the risk of poverty or social exclusion in the EU was higher for women than for men (22.9 % compared with 20.9 %) in 2020; whereas in the same year there were 96.5 million people in the EU at risk of poverty or social exclusion and that was equivalent to 21.9% of the EU population1a; whereas the poverty rate among working women could decrease if women were paid equally to men; _________________ 1ahttps://ec.europa.eu/eurostat/statistics- explained/index.php?title=Living_conditi ons_in_Europe_- _poverty_and_social_exclusion#Key_findi ngs3
2021/12/08
Committee: EMPL
Amendment 25 #

2021/2170(INI)

Draft opinion
Recital C b (new)
Cb. whereas according to the recent data from the European Institute for Gender Equality only 62,5% of the women in the EU are employed, compared to 72,8% of men 2a; whereas the participation of women in the labour market has grown in the last decades but several gender gaps still exist; whereas in 2019 women's gross hourly earnings were on average 14,1% below those of men in the EU 3a; whereas women in the EU aged over 65 received a pension that was on average 29% lower than of men 4a and effective actions are needed to close the gender employment, care, pay and pension gaps; _________________ 2ahttps://eige.europa.eu/gender- statistics/dgs/indicator/ta_wrklab_lab_em plrate_gen__lfst_r_ergau/bar/year:2020/g eo:EU28,EU27_2020,EU15,EA19,BE,BG ,CZ,DK,DE,EE,IE,EL,ES,FR,HR,IT,CY, LV,LT,LU,HU,MT,NL,AT,PL,PT,RO,SI, SK,FI,SE,UK,IS,NO,CH,ME,MK,RS,TR/ age:Y15- 64/unit:PC/deg_urb:TOTAL/sex:M,W 3ahttps://ec.europa.eu/eurostat/statistics- explained/index.php?title=Gender_pay_g ap_statistics 4a https://ec.europa.eu/eurostat/en/web/prod ucts-eurostat-news/-/ddn-20210203-1
2021/12/08
Committee: EMPL
Amendment 31 #

2021/2170(INI)

Draft opinion
Recital D
D. whereas women, who constitute 76% of the healthcare workers in the EU5a, are over- represented among frontline workers, in non-standard forms of work, and in the hardest-hit sectors and among frontline workers in healthcare; whereas more women than men are in occupations that can be carried out remotely;by the pandemic; _________________ 5ahttps://eige.europa.eu/covid-19-and- gender-equality/essential-workers
2021/12/08
Committee: EMPL
Amendment 39 #

2021/2170(INI)

Draft opinion
Recital E
E. whereas across the EU women receive disproportionately lower earnings than men; whereas low pay and low career prospects are barriers to achieving equal economic independence for women and men and can lead to higher risks of poverty and social exclusion; whereas non- discriminative remuneration is an essential requisite for women; whereas women's economic empowerment is key to achieve gender equality and combat women's poverty;
2021/12/08
Committee: EMPL
Amendment 46 #

2021/2170(INI)

Draft opinion
Recital E a (new)
Ea. whereas the digital and the green transition require action to ensure that no one is left behind; whereas women are under-represented at all levels in the digital and STEM sectors in Europe and work less, compared with the men, in innovative technologies, such as artificial intelligence;
2021/12/08
Committee: EMPL
Amendment 51 #

2021/2170(INI)

Draft opinion
Recital E b (new)
Eb. whereas gender equality in the labour market is an important instrument for eliminating poverty among women that benefits not only women but the economy as a whole with a positive impact on GDP, employment levels and productivity; whereas improving gender equality would lead to an increase in EU GDP per capita by 6,1 to 9,6% and an additional 10.5 million jobs which would benefit both women and men by 20501a; _________________ 1ahttps://eige.europa.eu/gender- mainstreaming/policy-areas/economic- and-financial-affairs/economic-benefits- gender-equality
2021/12/08
Committee: EMPL
Amendment 57 #

2021/2170(INI)

Draft opinion
Recital E c (new)
Ec. whereas investing in policies to support women also improves their families' living conditions, in particular those of their children; whereas eradicating child poverty is included in Principle 11 of the European Pillar of Social Rights;
2021/12/08
Committee: EMPL
Amendment 59 #

2021/2170(INI)

Draft opinion
Recital E d (new)
Ed. whereas women, especially living in rural areas, often have limited access to education, training and digital skills improvement programmes that are essential for both transitions, providing them with the opportunity to continue their professional life successfully; whereas education, vocational training and lifelong learning are at utmost importance for all;
2021/12/08
Committee: EMPL
Amendment 63 #

2021/2170(INI)

Draft opinion
Paragraph 1
1. Calls for an overarching European anti-poverty strategy, with ambitious targets for reducing poverty and a focus on breaking the intergenerational cycle of poverty risks; stresses the importance of ensuring an intersectional approach so that all women, including those from minority and vulnerable groups, benefit from its objectives and actions;
2021/12/08
Committee: EMPL
Amendment 76 #

2021/2170(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission and the Member States to improve opportunities for the women in the labour market and to reduce the burden of women by ensuring affordable and quality care and services for people with disabilities, the elderly and other dependants; calls on the Commission and the Member States to adequately fund affordable public services and social infrastructure, as this would allow more women to participate in the labour market and would also contribute to reducing the risk of women falling into poverty; stresses the role of the social partners, in efforts to improve gender employment, pay and pension gaps;
2021/12/08
Committee: EMPL
Amendment 120 #

2021/2170(INI)

Draft opinion
Paragraph 6
6. Calls on the Commission and the Member States to submit initiatives to promote women’s empowerment through education, vocational training and lifelong learning, as well as access to finance, female entrepreneurship and women’s representation in future-oriented sectors with a view to ensuring access to high- quality employment; calls on the Member States to implement policies that contribute to the skilling, up-skilling and re-skilling of women, especially with regard to the green and digital transitions; calls for greater promotion of STEM subjects, digital education, artificial intelligence and financial literacy in order to ensure that more women enter these sectors and contribute to their development.
2021/12/08
Committee: EMPL
Amendment 5 #

2021/2146(DEC)

Draft opinion
Paragraph 1
1. Deeply regrets that the obligation included in Regulation (EU) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 December 2020 has still not been fulfilled; urges the European Border and Coast Guard Agency (the ‘Agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at AD level, as Parliament and the Commission have repeatedly called for; reminds the Agency that that is one of seven conditions set by the Parliament in its previous discharge reports; recognises the progress made by the Agency in that respect and welcomes the intention of the Fundamental Rights Officer (FRO) and the Agency ad interim executive management to increase the number of fundamental rights monitors to 46; highlights however that the lack of fulfilment of those conditions increases the risk of refusal to grant discharge for the financial year 2020;
2022/08/29
Committee: LIBE
Amendment 11 #

2021/2146(DEC)

Draft opinion
Paragraph 2
2. Regrets that the call to suspend the Agency’s support for return-related operations from Hungary for as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union has not been fulfilled; is deeply concerned that the Agency’s management board has still not adopted a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896notes the adoption of the Standard Operating Procedures for Article 46, in the form of an Executive Director Decision in January 2022; highlights the importance of implementing these procedures abiding by the highest standards of respecting fundamental rights, especially in the light of reported developments in Greece;
2022/08/29
Committee: LIBE
Amendment 28 #

2021/2146(DEC)

Draft opinion
Paragraph 3
3. Welcomes the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency, to the members of Parliament’s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; highlights that access to the findings of the OLAF report is essential in making an informed decision by the discharge authority; recommends, given those findings, to Parliament’s Committee on Budgetary Control not to grant discharge for the financial year 2020;
2022/08/29
Committee: LIBE
Amendment 34 #

2021/2146(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Is deeply concerned by the expressed intentions of several staff members to quit the Agency due to the organisational culture and overall working environment; highlights that a particular focus should be placed on identifying, reporting and combatting sexual harassment, especially in light of whistleblower reportings of such alleged cases; notes that out of the 17 cases of alleged sexual harassment reported in 2020, 15 were closed without further follow-up while in 2 cases investigations have been initiated; welcomes the expressed commitment of the ad-interim executive director to remain vigilant and take additional measures in this field; expresses shock and deep concern about the case of suicide of a staff member, related to alleged practices of sexual harassment and welcomes the reopening of this case by the new executive leadership; calls on the executive director to conduct a full and detailed investigation about this particularly severe and worrying case, to keep the discharge authority informed about the results of this investigation and to fully cooperate with criminal investigation authorities in the process; calls on the executive director to conduct a thorough investigation into the implementation of existing procedures against sexual harassment, to report back to the discharge authority about the findings and to present a detailed action plan with measures ensuring zero tolerance towards sexual harassment in both its administrative and operational activities;
2022/08/29
Committee: LIBE
Amendment 41 #

2021/2146(DEC)

Draft opinion
Paragraph 5 a (new)
5 a. Welcomes the actions taken by the Frontex executive management team, during the transition period, with the aim of handing over a better functioning Agency to the next Executive Director, once appointed by the Management Board; reiterates that clarity, transparency, open dialogue and communication both internally and externally, the delegation of responsibilities and tasks, as well as abiding by high standards of ethics and respect for fundamental rights are essential for changing the organisational culture within the Agency, ensuring good governance and improving its functioning towards a full implementation of its mandate, as established by the EBCG Regulation; reminds that this is a collective effort which requires the sincere cooperation of the executive management, the Agency's Management Board and the Commission; reiterates Parliament's support within this process;
2022/08/29
Committee: LIBE
Amendment 43 #

2021/2146(DEC)

Draft opinion
Paragraph 5 b (new)
5 b. Highlights the increased role that the Agency has had to pay in the context of the Russian invasion of Ukraine; welcomes in this regard the signature of the Agreement between the European Union and the Republic of Moldova on operational activities carried out by the European Border and Coast Guard Agency in the Republic of Moldova and the assistance given to Chisinau in managing migratory flows;
2022/08/29
Committee: LIBE
Amendment 1 #

2021/2080(INI)

Motion for a resolution
Citation 2
— having regard to Article 231 (1), 23 and 33 (2) of the Charter of Fundamental Rights of the European Union,
2021/12/08
Committee: FEMM
Amendment 9 #

2021/2080(INI)

— having regard to the study entitled `The Professional Status of Rural Women in the EU´ published by the Policy Department for Citizens' Rights and Constitutional Affairs in its Directorate- General for Internal Policies in May 2019,
2021/12/08
Committee: FEMM
Amendment 10 #

2021/2080(INI)

Motion for a resolution
Citation 1 b (new)
— having regard to the study entitled `Enhancing Women’s Economic Empowerment through Entrepreneurship and Business Leadership in OECD Countries´ published by the OECD Directorate for Employment, Labour and Social Affairs in 2014,
2021/12/08
Committee: FEMM
Amendment 12 #

2021/2080(INI)

Motion for a resolution
Citation 1 d (new)
— having regard to Chapter 2 of the study entitled `The Missing Entrepreneurs 2019: Policies for Inclusive Entrepreneurship´ published by the OECD in December 2019,
2021/12/08
Committee: FEMM
Amendment 24 #

2021/2080(INI)

Motion for a resolution
Recital A
A. whereas women are the largest untapped entrepreneurial and leadership potential in Europe; whereas female entrepreneurs and self-employed are an under-utilised source of economic growth and, job creation and innovation potential; whereas supporting this group canwould strengthen EU competitiveness;
2021/12/08
Committee: FEMM
Amendment 40 #

2021/2080(INI)

Motion for a resolution
Recital D
D. whereas women face more difficulties in pursuing entrepreneurship than men; whereas barriers include a lack of specific training, a lower level of self- confidence, less access to social and business networks and difficulties in reconciling work and family life and an increase in unpaid care work;
2021/12/08
Committee: FEMM
Amendment 54 #

2021/2080(INI)

Motion for a resolution
Recital G
G. whereas data shows that women entreprespite receiving lower financial backing women-led businesses outperform in capital productivity by 96%8a; _________________ 8a Women in VC, Experior Veneturs generate more revenue despite receiving lower financial backing; e Fund and Unvconventional, 2021. Funding in the CEE Region Through the Lens of Gender Diversity and Positive Impact.
2021/12/08
Committee: FEMM
Amendment 58 #

2021/2080(INI)

Motion for a resolution
Recital H
H. whereas only 10 % of business angels in Europe are women9 and only 10 % all senior positions in private equity and venture capital firms globally10 are occupied by women; whereas several studies show that investment managers tend to provide capital toand to hire those who are similar to themselves; whereas developing the ecosystem is key to improvinga gender-balanced financial ecosystem is fundamental to create both the necessary funding conditions sustainably for women-led companies and creating a reliable network of female investorsand the essential network of female investors for women-led companies to thrive; _________________ 9 EBAN, Statistics Compendium – European Early Stage Market Statistics, EBAN, Brussels, 2019. 10 International Finance Corporation, Moving Towards Gender Balance in Private Equity and Venture Capital, International Finance Corporation, Washington DC, 2019.
2021/12/08
Committee: FEMM
Amendment 63 #

2021/2080(INI)

Motion for a resolution
Recital H b (new)
H b. whereas the lack of women in decision-making roles at VC firms have been found to be one of the primary sources of the persistent funding gap for women-driven enterprises in the EU12a; _________________ 12a European Commission, 2020. Gender Smart Financing. Investing In and With Women: Opportunities for Europe. Luxembourg: Publications Office of the European Union.
2021/12/08
Committee: FEMM
Amendment 64 #

2021/2080(INI)

Motion for a resolution
Recital H c (new)
H c. whereas one of the main causes for the persistent funding gap for women- driven enterprises in the EU is that women are less likely than men to seek external funding such as bank loans, venture capital or funding from state programmes, and instead resort to self- funding through personal savings or funding from family members13a; _________________ 13a OECD, 2021. The Missing Entrepreneurs - Policies for Inclusive Entrepreneurship. Paris: OECD Publishing.
2021/12/08
Committee: FEMM
Amendment 65 #

2021/2080(INI)

Motion for a resolution
Recital I
I. whereas six Member States have created 11 private funds to fill the gap in funding for female entrepreneurs and these funds use gender considerations in their investment criteria; whereas some of these funds have received national or EU support, which shows the important role of public policies in promoting entrepreneurship11 ; _________________ 11 Eurofound, Female entrepreneurship: Public and private funding, Publications Office of the European Union, Luxembourg, 2019.
2021/12/08
Committee: FEMM
Amendment 74 #

2021/2080(INI)

Motion for a resolution
Recital K a (new)
K a. whereas the European Network of Female Entrepreneurship Ambassadors so far has organised more than 650 national meetings, reached over 61,000 would-be women entrepreneurs; whereas its ambassadors have supported the creation of more than 250 new women-led enterprises as well as several more networking and business support clubs for women 13a; _________________ 13a https://ec.europa.eu/growth/smes/supporti ng-entrepreneurship/women- entrepreneurs/support-tools-and- networks-women_en
2021/12/08
Committee: FEMM
Amendment 78 #

2021/2080(INI)

Motion for a resolution
Recital K a (new)
K a. whereas in the 2014-2018 period the median annual income for full-time entrepreneurs was equal for men and women13a; _________________ 13a OECD, 2019. The Missing Entrepreneurs - Policies for Inclusive Entrepreneurship. Paris: OECD Publishing.
2021/12/08
Committee: FEMM
Amendment 80 #

2021/2080(INI)

Motion for a resolution
Recital K c (new)
K c. whereas women are more likely than men to report flexible working hours as their motivation to engage in entrepreneurship and self-employment14a; whereas female entrepreneurship and self-employment can be a valuable instrument to reconcile work and personal life; _________________ 14a OECD, 2019. The Missing Entrepreneurs - Policies for Inclusive Entrepreneurship. Paris: OECD Publishing.
2021/12/08
Committee: FEMM
Amendment 85 #

2021/2080(INI)

Motion for a resolution
Recital K h (new)
K h. whereas only 34% of managerial positions in the EU are held by women18a; whereas previous experience in management positions provides individuals with the necessary skills and confidence to engage in business ownership19a; _________________ 18a Eurostat, 2020. Women in Management. Luxembourg: Publications Office of the European Union. 19a Foss, L., Henry, C., Ahl, H. and Mikalsen, G., 2019. Women’s entrepreneurship policy research: a 30- year review of the evidence. Small Business Economics, 53(2), pp.409-429.
2021/12/08
Committee: FEMM
Amendment 86 #

2021/2080(INI)

Motion for a resolution
Recital K i (new)
K i. whereas the employment opportunities of women in rural areas are worse than those of men in rural areas and of women in urban areas in the EU; whereas the share of self-employed women in rural areas is slightly higher than that in total areas; whereas 30% of farms in the EU are run by women20a; _________________ 20a European Parliament, 2019. The professional status of rural women in the EU. Brussels: Policy Department for Citizens' Rights and Constitutional Affairs.
2021/12/08
Committee: FEMM
Amendment 131 #

2021/2080(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Calls on Member States and the Commission to further increase awareness of support policies among women entrepreneurs and to decrease bureaucratic difficulty in accessing programs aimed at fostering entrepreneurship;
2021/12/08
Committee: FEMM
Amendment 139 #

2021/2080(INI)

Motion for a resolution
Paragraph 7 a (new)
7 a. Encourages Member States and regional and local authorities to make use of the existing European Structural Funds to target and promote female entrepreneurs and self-employed women;
2021/12/08
Committee: FEMM
Amendment 181 #

2021/2080(INI)

Motion for a resolution
Paragraph 13
13. Highlights the importance of work- life balance for women entrepreneurs and self-employed; calls on Member States to support social frameworks, such as flexible childcare and opportunities for parental leave, that are essential to encouraging and enabling more women to take part in entrepreneurship; emphasises that further enabling and improving women’s possibilities to enter into entrepreneurship can play a vital role in closing the gender pay gap for Member States; welcomes actions already taken by Member States on this matter; recognises national differences in social policy and respect for subsidiarity;
2021/12/08
Committee: FEMM
Amendment 182 #

2021/2080(INI)

Motion for a resolution
Paragraph 13
13. Highlights the importance of work- life balance for women entrepreneurs and self-employed; recognises that female entrepreneurship and self-employment provides the flexibility to achieve a better work-life balance; calls on the Member States to support social frameworks, such asand on regional and local authorities to support social frameworks, such as an increase in childcare provision and the supply of more flexible childcare, that are essential to encouraging more women to take part in entrepreneurship; welcomes actions already taken by Member States on this matter; recognises national differences in social policy and respect for subsidiarity;
2021/12/08
Committee: FEMM
Amendment 6 #

2021/2071(INI)

Draft opinion
Paragraph 1
1. Regrets the Commission’s intention to develop guidelines for the application of the Regulation; Reiterates that the application of the Rule of Law Conditionality Regulation cannot be subject to the adoption of guidelines, and urges the Commission to avoid any further delay in its application;
2021/06/18
Committee: LIBE
Amendment 8 #

2021/2071(INI)

Draft opinion
Paragraph 2
2. Notes that after the Commission has begun to draft guidelines on the application of the Regulation; requests that, if the Commission deems such guidelines necessary, Parliament be consulted prior to their adopdecided to preprare the Guidelines the Parliament in its resolution of 25 March 2021 on the application of Regulation (EU, Euratom) 2020/2092, the rule-of-law conditionality mechanism requested the Commission to submit the guidelines by 1 June 2021 the latest; regrets that the Commission has handed over the draft guidelines on the application of the Regulation with 2 weeks delay; is of the opinion that the draft guidelines in its current form do not contain any additional information, which could contribute to the proper application of the regulation; concludes therefore that the Commission’s guidelines are partof its delaying tactic of the application of the regulation;
2021/06/18
Committee: LIBE
Amendment 13 #

2021/2071(INI)

Draft opinion
Paragraph 2 a (new)
2 a. Deplores the time wasted by the Commission since the entry into force of the Regulation; urges the Commission to act without any further delay in the application of the Regulation and to investigate swiftly and thoroughly any potential breaches of the principles of the rule of law in the Member States that affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way; reiterates that the situation in some Member States already warrants immediate investigation under the Regulation;
2021/06/18
Committee: LIBE
Amendment 14 #

2021/2071(INI)

Draft opinion
Paragraph 2 b (new)
2 b. Is strongly of the opinion that the Parliament has to continue its necessary preparations for potential court proceedings under Article 265 of the TFEU against the Commission; is of the opinion that non-action or slow action by the Commission is a strong political signal not only to the European institutions and the Member States but also to the European citizens;
2021/06/18
Committee: LIBE
Amendment 21 #

2021/2071(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Considers that the Commission’s annual Rule of Law report constitutes an objective, impartial, fair, and qualitative assessment of breaches of the principles of rule of law; believes that where the conclusions of the annual reports highlight individual or systemic breaches of the rule of law which affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union in a sufficiently direct way, they should be directly linked to the triggering of the Conditionality Mechanism; calls on the Commission to clarify a methodology to create a clear and direct link, when relevant, between the annual reports and the Conditionality Mechanism;
2021/06/18
Committee: LIBE
Amendment 27 #

2021/2071(INI)

3 b. Highlights that civil society, including independent NGOs and citizens, is at the forefront to identify potential breaches of the rule of law at local and national level, and should therefore be involved in their reporting; calls on the Commission to establish, in the guidelines, an efficient, user-friendly, and easily accessible online one-stop shop for citizens and civil society to report both fraud and corruption cases related to EU Funds, as well as individual or systemic breaches in their Member State, guaranteeing anonymity and leading, where deemed relevant by its services, to further investigations by the OLAF, the EPPO or the Commission;
2021/06/18
Committee: LIBE
Amendment 30 #

2021/2071(INI)

Draft opinion
Paragraph 3 c (new)
3 c. Recalls that the Regulation provides a clear definition of the rule of law, which must be understood in relation to the other values of the Union, including fundamental rights and non- discrimination; is of the opinion that state-sponsored discrimination against minorities has a direct impact on the projects on which Member States decide or not to spend EU money, and therefore directly affects the protection of the financial interests of the Union;
2021/06/18
Committee: LIBE
Amendment 32 #

2021/2071(INI)

Draft opinion
Paragraph 3 d (new)
3 d. Believes that transparency is essential to foster the confidence of Member States and citizens in the Conditionality Mechanism:points out that each step of the procedure of the Regulation should therefore be taken in a fully transparent way; Calls therefore on the Commission to set-up the transparency rules and principles that it will apply when triggering the Conditionality Mechanism;
2021/06/18
Committee: LIBE
Amendment 34 #

2021/2035(INL)

Motion for a resolution
Citation 15
– having regard to its resolution of 21 January 2021 on the EU Strategy for Gender Equality5 and to the European Commission's Gender Equality Strategy for 2020-2025, _________________ 5 Texts adopted, P9_TA(2021)0025.
2021/06/08
Committee: LIBEFEMM
Amendment 46 #

2021/2035(INL)

Motion for a resolution
Citation 15 c (new)
– having regard to its resolution of 1 February 2021 89 on the implementation of Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims and to the European Commission's Strategy on Combatting Trafficking in Human Beings (2021-2025),
2021/06/08
Committee: LIBEFEMM
Amendment 53 #

2021/2035(INL)

Motion for a resolution
Citation 18 a (new)
– having regard to the Commission communication of 12 November 2020 entitled “Union of Equality: LGBTIQ Equality Strategy 2020-2025",
2021/06/08
Committee: LIBEFEMM
Amendment 74 #

2021/2035(INL)

Motion for a resolution
Recital C a (new)
Ca. whereas the impact of the COVID- 19 crisis resulted in a dramatic increase in domestic and gender-based violence, including physical violence, psychological violence and online violence, with a 60 % increase in emergency calls from women subjected to violence by their intimate partner reported among World Health Organization Europe Member States;
2021/06/08
Committee: LIBEFEMM
Amendment 120 #

2021/2035(INL)

Motion for a resolution
Recital F a (new)
Fa. whereas the Convention on preventing and combating violence against women and domestic violence (Council of Europe Istanbul Convention), the most comprehensive instrument to counter violence against women in Europe, was opened for signature 10 years ago, but has not yet been ratified by all EU Member States nor acceded to by the EU;
2021/06/08
Committee: LIBEFEMM
Amendment 184 #

2021/2035(INL)

Motion for a resolution
Paragraph 5
5. Stresses that the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) remains the international standard and a key tool for the eradication of gender- based violence by following a holistic and coordinated approach that places the rights of the victim at the centre and addresses the issues from a wide range of perspectives; reiterates its call to conclude the EU’s ratification of the Istanbul Convention on the basis of a broad accession, and to advocate its ratification by Bulgaria, Czech Republic, Hungary, Latvia, Lithuania and Slovakia; calls on the Member States to take into account the recommendations by GREVIO and to improve legislation to bring it more into line with the Istanbul Convention’s provisions in order to ensure proper implementation and enforcement;
2021/06/08
Committee: LIBEFEMM
Amendment 330 #

2021/2035(INL)

Motion for a resolution
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender, anti-lgbtiq and anti-women movements, which are well organised and have a cross-border nature;
2021/06/08
Committee: LIBEFEMM
Amendment 340 #

2021/2035(INL)

Motion for a resolution
Paragraph 16 d (new)
16d. Calls on the Member States to implement effectively the Anti-Trafficking Directive 2011/36/EU and to adopt specific measures to address violence against women and gender inequality as root causes of trafficking; welcomes the commitment of the Commission to revise the directive, to improve measures for the prevention and prosecution of all forms of trafficking, especially for sexual exploitation as the most prevalent and reported area of THB impacting 92 % of trafficked women and girls in Europe; calls, furthermore, on the Commission to amend the directive with a view to ensuring that Member States explicitly criminalise the knowing use of all services provided by victims of trafficking;
2021/06/08
Committee: LIBEFEMM
Amendment 356 #

2021/2035(INL)

Motion for a resolution
Paragraph 18
18. Requests that the Commission submit, on the basis of the third subparagraph of Article 83(1) TFEU, a proposal for a Council decision identifying gender-based violence as a new area of crime, following the recommendations set out in the Annex hereto and requests the Commission to use that new area of crime as a legal basis for a holistic dand victim- centred EU Directive to prevent and combat all forms of gender- based violence;
2021/06/08
Committee: LIBEFEMM
Amendment 369 #

2021/2035(INL)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to propose a directive on gender-based violence that implements the standards of the Istanbul Convention and includes the following elements: prevention, including through gender-sensitive education programming directed at both girls and boys, and empowerment of women and girls; support services and protection measures for survivors; combating all forms of gender-based violence, including violations of women’s sexual and reproductive health and rights, online violence and sexual exploitation and abuse; and minimum standards for law enforcement;
2021/06/08
Committee: LIBEFEMM
Amendment 361 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 5
Regulation (EU) 2016/399
Article 23 – point e
e) checks for security purposes of passenger data against relevant databases on persons traveling in the area without controls at internal borders which can be carried out by the competent authorities under the applicable law.deleted
2022/12/12
Committee: LIBE
Amendment 383 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 8
Regulation (EU) 2016/399
Article 25 – paragraph 3
3. Where the same threat continues to persist, border controls at internal borders may be prolonged in accordance with Articles 25a, 28 or 29. The same threat shall be considered to exist where the justification advanced by the Member State for prolonging border controls is based on the determination of the continuation of the same threat that had justified the initial reintroduction of the border controls.deleted
2022/12/12
Committee: LIBE
Amendment 392 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 2
2. The Member State shall, at the same time as reintroducing border control under paragraph 1, notify the Commission, Parliament and the other Member States of the reintroduction of border controls, in accordance with Article 27(1).
2022/12/12
Committee: LIBE
Amendment 405 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 5
5. For the purposes of paragraph 4, and without prejudice to Article 27a(4), border control at internal borders may be reintroduced for a period of up to sixthree months. Where the serious threat to public policy or internal security persists beyond that period, the Member State may prolong the border control at internal borders for renewable periods of up to sixthree months. Any prolongation shall be notified to the Commission, Parliament, and the other Member States in accordance with Article 27 and within the time limits referred to in paragraph 4. Subject to Article 27a(5), the maximum duration of border control at internal borders shall not exceed twoone years.
2022/12/12
Committee: LIBE
Amendment 410 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 9
Regulation (EU) 2016/399
Article 25a – paragraph 6
6. The period referred to in paragraph 5 shall not include periods referred to in paragraph 3.deleted
2022/12/12
Committee: LIBE
Amendment 453 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 11
Regulation (EU) 2016/399
Article 27 – paragraph 2
2. Where border controls have been in place for sixthree months in accordance with Article 25a(4), any subsequent notification for the prolongation of such controls shall include a risk assessment in accordance with Article 26(2). The risk assessment shall present the scale and anticipated evolution of the identified serious threat, in particular how long the identified serious threat is expected to persist and which sections of the internal borders may be affected, as well as information regarding coordination measures with the other Member States impacted or likely to be impacted by such measures.
2022/12/12
Committee: LIBE
Amendment 473 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 12
Regulation (EU) 2016/399
Article 27a – paragraph 3
3. Following receipt of notifications submitted in relation to a prolongation of border control at the internal border under Article 25a(4) which leads to the continuation of border controls at internal borders for eighteensix months in total, the Commission shall issue an opinion on necessity and proportionality of such internal border controls.
2022/12/12
Committee: LIBE
Amendment 523 #

2021/0428(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point 15
Regulation (EU) 2016/399
Article 33 – paragraph 2
2. Without prejudice to the first paragraph 1, where border controls are prolonged as referred to in Article 25a(5), the Member State concerned shall submit a report at the expiry of twelve months and every twelve months thereaftersix months if border control is exceptionally maintained.
2022/12/12
Committee: LIBE
Amendment 172 #

2021/0414(COD)

Proposal for a directive
Recital 2
(2) This Directive respects fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (‘the Charter’). In particular, Article 31 of the Charter provides for the right of every worker to fair and just working conditions which respect his or her health, safety and dignity. Article 27 of the Charter protects the workers’ right to information and consultation within the undertaking. Article 8 of the Charter provides that everyone has the right to the protection of personal data concerning him or heras well as access to data which has been collected concerning him or her and the right to have it rectified. Article 12 of the Charter provides that everyone has the right to freedom of assembly and of association at all levels. Article 15 recognises that everyone has the right to engage in work and to pursue a freely chosen or accepted occupation. Article 16 of the Charter recognises the freedom to conduct a business.
2022/06/10
Committee: EMPL
Amendment 186 #

2021/0414(COD)

Proposal for a directive
Recital 4
(4) Digitalisation is changing the world of work, bringing workers and employers advantages such as creating new employment and business opportunities, improving productivity and enhancing flexibility as well as increasing consumer choice, while also carryposing some risks for employment and working conditions including lack of or difficult access to adequate social protection and a lack of occupational health and safety. Algorithm-based technologies, including automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms but can produce power imbalances and opacity about decision-making, as well as technology-enabled surveillance which could exacerbate discriminatory practices and entail risks for privacy, workers´ health and safety and human dignity.
2022/06/10
Committee: EMPL
Amendment 193 #

2021/0414(COD)

Proposal for a directive
Recital 4 a (new)
(4a) New forms of digital interaction and new technologies in the world of work create opportunities for access to the labour market generally as well as in specific fields, in particular for people who traditionally lacked such access, including people with disabilities, young people and people with lower skill levels and this access should be fostered in the future in order to support a sustainable income and a decent standard of living for disadvantaged groups.
2022/06/10
Committee: EMPL
Amendment 194 #

2021/0414(COD)

Proposal for a directive
Recital 5
(5) Platform work is performed by individuals through the digital infrastructure of digital labour platforms that provide a service to their customers. It is characterised by a high level of heterogeneity in the sectors covered and activities carried out, and the profiles of individuals performing platform work and types of digital labour platforms vary widely. By means of the algorithms, the digital labour platforms may control, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders.
2022/06/10
Committee: EMPL
Amendment 208 #

2021/0414(COD)

Proposal for a directive
Recital 6
(6) Platform work canreates employment, provideing opportunities for accessing the labour market more easily, gaining additional income through a secondary activity while also balancing caring responsibilities, education or vocational training or enjoying sommore flexibility in the organisation of working time. It can also facilitate efficiencies in the matching of supply and demand, optimisation of resources and increase consumer choice. At the same time, platform work brings challenges, as it can blur the boundaries between an employment relationship and self- employed activity, and the responsibilities of employers and workers. Misclassification of the employment status has consequences for the persons affected, as it is likely to restrict access to existing labour and social rights. It also leads to an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
2022/06/10
Committee: EMPL
Amendment 327 #

2021/0414(COD)

Proposal for a directive
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal subordination, is an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be an employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights and obligations in accordance with that status, as laid down in national and Union law, collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings and should benefitIt is important to stress that the legal presumption of an employment relationship must not lead to an automatic classification of all persons performing platform work as workers and must ensure theat persons performing platform work who are genuinely self-employed are able to remain so and can continue to access work through platforms. The legal presumption should apply in all relevant administrative and legal proceedings. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption as well as persons performing platform work who dispute the classification of their employment status. Member States should put in place a national framework of measures, in accordance with their national legal and judicial systems, to reduce litigation and increase legal certainty.
2022/06/10
Committee: EMPL
Amendment 372 #

2021/0414(COD)

Proposal for a directive
Recital 28
(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility for any of the parties to rebut the legal presumption in legal or administrative proceedings or both by proving, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. TheA shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.
2022/06/10
Committee: EMPL
Amendment 397 #

2021/0414(COD)

Proposal for a directive
Recital 33
(33) Digital labour platforms should not be required to disclose the detailed functioning of their automated monitoring and decision-making systems, including algorithms, or other detailed data that contains commercial secrets or is protected by intellectual property rights in accordance with Directive (EU) 2016/943. However, the result of those considerations should not be a refusal to provide all the information required by this Directive.
2022/06/10
Committee: EMPL
Amendment 406 #

2021/0414(COD)

Proposal for a directive
Recital 37
(37) In that context, persons performing platform work should have the right to obtain an human review and explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict, suspend or terminate access to work assignments, to restrict or suspend that person’s account, to refuse the remuneration for work performed by that person, or affecting his or her contractual status, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. A decision to terminate the account of a person performing platform work may be supported but never taken by an automated decision-making system unless necessary to safeguard the health and safety of the recipients of the service. Such decisions should be notified to the person prior to the decision coming into effect. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work consider their rights infringed, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply within a reasonable period of time. Where such decisions infringe those persons’ rights, such as labour rights or the right to non- discrimination, the digital labour platform should rectify such decisions without delay or, where that is not possible, provide adequate compensation.
2022/06/10
Committee: EMPL
Amendment 437 #

2021/0414(COD)

Proposal for a directive
Recital 45
(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. In some areas prevalent in platform work, such as digital remote services or design work, many Member States lack established workers’ organisations or trade unions. Persons performing platform work should be free to organise, choose representatives and be taken into account in social dialogue and collective bargaining processes, regardless of their employment status. Persons performing platform work can also be exposed to the increased risk of violence, including gender-based violence and harassment. It is therefore necessary to create digital communication and reporting channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives and report incidents of violence or harassment. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing or monitoring those communications.
2022/06/10
Committee: EMPL
Amendment 471 #

2021/0414(COD)

Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union who does not have an employment contract or employment relationship. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
2022/06/10
Committee: EMPL
Amendment 608 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – introductory part
2. Controlling the performance of work within the meaning of paragraph 1 shall be understood as fulfilling at least two majority of the following:
2022/06/10
Committee: EMPL
Amendment 619 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point a
(a) effectivelyde facto determining, or setting upper limits for the level of remuneration;
2022/06/10
Committee: EMPL
Amendment 626 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point b
(b) requiring the person performing platform work to respect specific binding rules with regard to appearance, conduct towards the recipient of the service or performance of the work beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;
2022/06/10
Committee: EMPL
Amendment 639 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point c
(c) closely supervising the performance of work or thoroughly verifying the quality of the results of the work including by electronic means beyond what is required by law or necessary to safeguard the health and safety of the recipients of the service or to ensure the essential functioning of the service;
2022/06/10
Committee: EMPL
Amendment 647 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point d
(d) effectivelyde facto restricting the freedom, including through sanctions, to organise one’s work, in particular the discretion to choose one’s working hours or periods of absence, to accept or to refuse tasks, including from other digital platforms or to use subcontractors or substitutes;
2022/06/10
Committee: EMPL
Amendment 658 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 2 – point e
(e) effectivelyde facto restricting the possibility to build a client base or to perform work for any third party.
2022/06/10
Committee: EMPL
Amendment 667 #

2021/0414(COD)

Proposal for a directive
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on entrepreneurs and start-ups, avoiding capturing the genuine self-employed and supporting the conditions for innovation and the sustainable growth of digital labour platforms. In particular they shall:
2022/06/10
Committee: EMPL
Amendment 755 #

2021/0414(COD)

Proposal for a directive
Article 5 – paragraph 3
Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it. Member States shall provide the necessary guidance for procedures to rebut the legal presumption.
2022/06/10
Committee: EMPL
Amendment 69 #

2021/0394(COD)

Proposal for a regulation
Recital 3
(3) For the purposes of enhancing judicial cooperation and access to justice, legal acts of the Union providing for communication between competent authorities, including Union agencies and bodies, and between competent authorities and natural and legal persons, should be complemented by conditions for conducting such communication through digital means and training courses for competent authorities and citizens on how to use the decentralized IT system.
2022/11/24
Committee: JURILIBE
Amendment 75 #

2021/0394(COD)

Proposal for a regulation
Recital 5
(5) It is important that appropriate channels and tools are developed in consultation with members of the legal professions who will use them to ensure that justice systems can efficiently cooperate digitally. Therefore, it is essential to establish, at Union level, an harmonized information technology instrument that allows swift, direct, interoperable, reliable, accessible and secure cross-border electronic exchange of case related data among competent authorities.
2022/11/24
Committee: JURILIBE
Amendment 91 #

2021/0394(COD)

Proposal for a regulation
Recital 11
(11) The decentralised IT system should be comprised of the back-end systems of Member States and the Union agencies and bodies, and interoperable access points, through which they are interconnected. The access points of the decentralised IT system should be based on e-CODEX, and should be in compliance with accessibility requirements set out in Article 42(1) of the Directive 2014/24/EU and Article 60(1) of Directive 2014/25/EU.
2022/11/24
Committee: JURILIBE
Amendment 96 #

2021/0394(COD)

Proposal for a regulation
Recital 12
(12) For the purposes of this Regulation, Member States should be able to use instead of a national IT system, athe Commission-developed software (reference implementation software), for harmonisation purposes, instead of a national IT system. The Commission should be responsible for the creation, maintenance, accessibility and development of this reference implementation software in accordance with the principles of data protection by design and by default. The Commission should design, develop and maintain the reference implementation software in compliance with the data protection requirements and principles laid down in Regulation (EU) 2018/1725 of the European Parliament and of the Council34 and Regulation (EU) 2016/679 of the European Parliament and of the Council35 , in particular the principles of data protection by design and by default as well as high level of cybersecurity. The reference implementation software should also include appropriate technical measures and enable the organisational measures necessary for ensuring a level of security and interoperability which is appropriate for the exchange of information in the context of cross-border judicial procedures. _________________ 34 Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 35 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1).
2022/11/24
Committee: JURILIBE
Amendment 99 #

2021/0394(COD)

Proposal for a regulation
Recital 13
(13) In order to provide swift, secure and efficient assistance to applicants, written communication between competent authorities, such as courts and Central Authorities established under Council Regulation (EC) 4/200936 and Council Regulation (EU) 2019/111137 , should, as a rule, be carried out through the decentralised IT system. In exceptional cases, other means of communication may be used if those are found to be more appropriate or efficient for the purposes of ensuring flexibility. However, the decentralised IT system should always be considered the most appropriate means for exchanging forms between competent authorities established by the legal acts listed in Annex I and Annex II to this Regulation. _________________ 36 Council Regulation (EC) No 4/2009 of 18 December 2008 on jurisdiction, applicable law, recognition and enforcement of decisions and cooperation in matters relating to maintenance obligations (OJ L 7, 10.1.2009, p. 1–79) 37 Council Regulation (EU) 2019/1111 of 25 June 2019 on jurisdiction, the recognition and enforcement of decisions in matrimonial matters and the matters of parental responsibility, and on international child abduction (OJ L 178, 2.7.2019, p. 1).
2022/11/24
Committee: JURILIBE
Amendment 103 #

2021/0394(COD)

Proposal for a regulation
Recital 14
(14) Transmission through the decentralised IT system could be impossible due to a disruption of the system or where the nature of what has to be transmitted makes transmission by digital means impracticable, such as the transmission of physical/material evidence. Where the decentralised IT system is not used, communication should be carried out by the most appropriate alternative means. Such alternative means should entail, inter alia, transmission being performed as swiftly as possible and in a secure manner by other secure electronic means or, by postal service or by transmission in person where such transmission is possible.
2022/11/24
Committee: JURILIBE
Amendment 109 #

2021/0394(COD)

Proposal for a regulation
Recital 17
(17) For the purpose of facilitating access of natural and legal persons to the competent authorities, this Regulation should establish an access point at Union level (European electronic access point), as part of the decentralised IT system through which natural and legal persons should be able to file claims, launch requests, send and receive procedurally relevant information and communicate with the competent authorities, for cases covered by this Regulation. The European electronic access point should be hosted on the European e-Justice Portal, which serves as a one-stop-shop for judicial information and services in the Union. The e-Justice portal should contain information on possible training courses on how to use the decentralised IT system for natural and legal persons involved in a cross-border judicial case and on how to access the platform. It should also have a helpline that enables citizens to obtain assistance on how to use the decentralised IT system.
2022/11/24
Committee: JURILIBE
Amendment 113 #

2021/0394(COD)

Proposal for a regulation
Recital 18
(18) Member States should be responsible for the establishment, maintenance and development of national electronic portals (national IT portals) for the purposes of electronic communication between natural and legal persons and the respective authorities which are competent in the proceedings under the legal acts listed in Annex I, as well as for the training of competent authorities and citizens involved in a cross border judicial procedure that uses the decentralised IT system.
2022/11/24
Committee: JURILIBE
Amendment 129 #

2021/0394(COD)

Proposal for a regulation
Recital 21 a (new)
(21 a) Each Member State should bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, should bear the costs of administering, operating and maintaining those systems, and should organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.
2022/11/24
Committee: JURILIBE
Amendment 133 #

2021/0394(COD)

Proposal for a regulation
Recital 24
(24) For the purposes of facilitating payment of fees in cases with cross-border implications falling under the scope of the Union legal acts in civil and commercial matters, electronic payment of fees should be possible in an online environment by accessible payment methods widely available throughout the Union, such as credit cards, debit cards, e-wallet and bank transfers.
2022/11/24
Committee: JURILIBE
Amendment 165 #

2021/0394(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. Where electronic communication in accordance with paragraph 1 is not possible due to the disruption of the decentralised IT system, the nature of the transmitted material or exceptional circumstances or where such electronic communication is otherwise inappropriate on account of the specific circumstances of the case, as assessed by the national competent authorities, the transmission shall be carried out by the swiftest, most appropriate alternative means, taking into account the need to ensure a secure and reliable exchange of information.
2022/11/24
Committee: JURILIBE
Amendment 175 #

2021/0394(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. The means of communication used to share evidence shall not affect the validity and admissibility of the evidence exchanged, as long as those means are secure and reliable.
2022/11/24
Committee: JURILIBE
Amendment 185 #

2021/0394(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. A European electronic access point shall be established on the European e- Justice Portal, to be used for electronic communication between natural or legal persons and competent authorities in cases falling under the scope of the legal acts listed in Annex I. That European electronic access point shall be such as to meet the accessibility requirements set out in Annex I to Directive (EU) 2019/882 of the European Parliament and of the Council1a. _________________ 1a Directive (EU) 2019/882 of the European Parliament and of the Council of 17 April 2019 on the accessibility requirements for products and services (OJ L 151, 7.6.2019, p. 70).
2022/11/24
Committee: JURILIBE
Amendment 193 #

2021/0394(COD)

Proposal for a regulation
Article 4 – paragraph 2
2. The Commission shall be responsible for the technical management, development, accessibility, maintenance, security and support of the European electronic access point.
2022/11/24
Committee: JURILIBE
Amendment 201 #

2021/0394(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. Written communication between natural or legal persons, members of the legal professions and competent authorities falling within the scope of the legal acts listed in Annex I, may be carried out by the following electronic means:
2022/11/24
Committee: JURILIBE
Amendment 210 #

2021/0394(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. Competent authorities shall communicate with natural and legal persons through the European electronic access point, where that natural or legal person gave prior express consent to the use of this means of communication, and that means of communication is accessible to any person with a disability.
2022/11/24
Committee: JURILIBE
Amendment 227 #

2021/0394(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point a
(a) such technology is available, and meets the accessibility requirements set out in Annex I to Directive (EU) 2019/882, and
2022/11/24
Committee: JURILIBE
Amendment 230 #

2021/0394(COD)

Proposal for a regulation
Article 7 – paragraph 1 – point b a (new)
(b a) procedural safeguards requested by a party with disabilities are granted.
2022/11/24
Committee: JURILIBE
Amendment 245 #

2021/0394(COD)

Proposal for a regulation
Article 7 – paragraph 4 a (new)
4 a. Member States shall ensure that the use of videoconference or other distance communication technology is accessible for any person with a disability.
2022/11/24
Committee: JURILIBE
Amendment 295 #

2021/0394(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Member States shall provide for technical and accessible means allowing the payment of the fees referred to in paragraph 1 through the European electronic access point.
2022/11/24
Committee: JURILIBE
Amendment 299 #

2021/0394(COD)

Proposal for a regulation
Article 12 – paragraph 1 – point a a (new)
(a a) a) the technical specifications ensuring the accessibility of the decentralised IT system for any person with a disability using the platform;
2022/11/24
Committee: JURILIBE
Amendment 307 #

2021/0394(COD)

Proposal for a regulation
Article 13 – paragraph 1
1. The Commission shall be responsible for the creation, accessibility, maintenance and development of reference implementation software which Member States may choose to apply as their back- end system instead of a national IT system. The creation, maintenance and development of the reference implementation software shall be financed from the general budget of the Union. The Commission shall also ensure that Member States provide adequate training courses for competent authorities, legal representatives and any person using the decentralised IT system, and shall support the Member States in providing those training courses, in order to ensure that that IT system functions correctly and efficiently.
2022/11/24
Committee: JURILIBE
Amendment 309 #

2021/0394(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Each Member State shall bear the costs of establishing and adjusting its national IT systems to make them interoperable with the access points, and shall bear the costs of administering, operating and maintaining those systems, as well as organise training courses for legal representatives, competent authorities and citizens on how to use those national IT systems.
2022/11/24
Committee: JURILIBE
Amendment 54 #

2021/0372(CNS)

Proposal for a directive
Recital 7
(7) The freedom of Union citizens to choose the Member State in which to take part in elections to the European Parliament must be respected, while taking the appropriate measures to ensure that no one may vote more than once or stand as a candidate in more than one country.
2022/07/15
Committee: LIBE
Amendment 55 #

2021/0372(CNS)

Proposal for a directive
Recital 8
(8) In line with International and European standards, including, the requirements of International Covenant on Civil and Political Rights and the law of the European Convention on Human Rights, Member States should not only recognize and respect the right of Union citizens to vote and to stand as a candidate but also ensure easy access to their electoral rights by removing as manyll obstacles to participation in elections as possible.
2022/07/15
Committee: LIBE
Amendment 59 #

2021/0372(CNS)

Proposal for a directive
Recital 9
(9) In order to facilitate the exercise by non-national Union citizens of their right to vote and to stand as a candidate in their country of residence, suchMember States should be encouraged to allow for automatic registration. Where automatic registration is not available, non-national Union citizens should be entered on the electoral roll in sufficient time in advance of polling day. The formalities applicable to their registration should be as simple and as similar across Member States as possible. It should be sufficient for the Union citizens concerned to produce a valid identity card and a formal declaration that includes elements evidencing their entitlement to participate in the elections. Once registered, non- national Union citizens should remain on the electoral roll under the same conditions as Union citizens who are nationals of the Member State concerned, for as long as they satisfy the conditions for exercising the right to vote. Additionally, Union citizens should provide the competent authorities with contact information, enabling those authorities to keep them informed on a regular basis.
2022/07/15
Committee: LIBE
Amendment 60 #

2021/0372(CNS)

Proposal for a directive
Recital 11
(11) In order to ensure equal treatment of non-national Union citizens seeking to exercise the right to stand as candidates for election in their Member State of residence, such citizens should be required to produce solely the same supporting documents as those required from candidates who are nationals of the Member State concerned. However, in order toMember States have a genuine interest in establishing that such citizens are beneficiaries of the right laid down in Article 20(2)(b) and Article 22(2) TFEU,. For this reason Member States should, extraordinarily, be able to require the production of a formal declaration that includes elements necessary to evidence their entitlement to stand in the elections in question.
2022/07/15
Committee: LIBE
Amendment 63 #

2021/0372(CNS)

Proposal for a directive
Recital 12
(12) In order to facilitate the accurate identification of voters and candidates registered both in their home Member State and in their Member State of residence, the list of data to be required from Union citizens, when submitting an applicacompleting the formal declaration of their intention to enter the electoral rolls or to stand as candidates in the Member State of residence, should include the personal identification number or the serial number of a valid identity or travel document.
2022/07/15
Committee: LIBE
Amendment 65 #

2021/0372(CNS)

Proposal for a directive
Recital 13
(13) Union citizens who have been deprived of their right to vote and to stand as candidates, on the basis of an individual civil law or criminal law decision taken by the competent authority, should be precluded from exercising that right in the Member State of residence in elections to the European Parliament. WUpon automatic registration or when receiving an application for registration as a voter, Member States may require from the citizen concerned a formal declaration confirming that they have not been deprived of their right to vote. When receiving an application for standing as a candidates in their country of residence, Union citizens should be requir, Member States may require the citizen concerned to produce a statement confirming that they have not been deprived of the right to stand in the elections to the European Parliament.
2022/07/15
Committee: LIBE
Amendment 67 #

2021/0372(CNS)

Proposal for a directive
Recital 16
(16) In order to prevent multiple voting or instances where the same person would stand as a candidate more than once at the same elections, Member States should exchange information gathered from the formal declarations produced by Union voters and Union citizens entitled to stand as candidatesbe required to exchange information on non- national Union citizens registered to vote or stand as candidates in a Member State of residence. As Member States rely on different data to identify citizens, a common set of data should be envisaged in order to accurately identify Union voters and Union citizens entitled to stand as candidates and stop them from voting or standing as a candidate more than once. The personal data exchanged should be limited to the minimum necessary to achieve these purposes.
2022/07/15
Committee: LIBE
Amendment 68 #

2021/0372(CNS)

Proposal for a directive
Recital 20
(20) The lack of adequate information, in the context of electoral procedures, affects citizens in the exercise of their electoral rights as part of their rights as Union citizens. It also affects the capacity of competent authorities to exercise their rights and to deliver on their obligations. Member States should be required to designate authorities with special responsibilities for providing appropriate information to Union citizens on their rights under Article 20(2), point (b), and Article 22(2) TFEU and, the national rules and procedures regarding participation in and the organization of elections to the European Parliament, and the national political system. In order to ensure the timeliness and effectiveness of communications, information should be provided in clear and comprehensible terms, and sufficiently in advance of elections, taking into account that electoral rolls are to be closed 14 weeks and candidates to be announced 12 weeks before polling day.
2022/07/15
Committee: LIBE
Amendment 79 #

2021/0372(CNS)

Proposal for a directive
Recital 26
(26) Data regarding the exercise of rights and the application of this Directive can be useful in the identification of measures necessary to ensure the effective exercise of Union citizens’ electoral rights. In order to improve and harmonise the collection of data for elections to the European Parliament, it is necessary to introduce regular monitoring and reporting of implementation by Member States on the basis of common indicators. In parallel, the Commission should assess the application of this Directive, and submit a report including such an assessment to the European Parliament and to the Council, after each election to the European Parliament.
2022/07/15
Committee: LIBE
Amendment 80 #

2021/0372(CNS)

Proposal for a directive
Recital 27
(27) It is necessary that the Commission conduct its own evaluation of the application of this Directive within a reasonable timeframe after at least twothe next elections to of the European Parliament, accompanied, if appropriate by a legislative proposal to amend this Directive.
2022/07/15
Committee: LIBE
Amendment 96 #

2021/0372(CNS)

Proposal for a directive
Article 9 – paragraph 1
1. Member States shall take the necessary measures to enable a Union voter who has expressed the wish to be registered as a voter to be entered on the electoral roll sufficiently in advance ofno later than 14 weeks before polling day.
2022/07/15
Committee: LIBE
Amendment 107 #

2021/0372(CNS)

Proposal for a directive
Article 12 – paragraph 1
1. Member States shall designate a national authority with responsibility for taking the necessary measures to ensure that non-national Union citizens are informed in a timely mannermmediately upon their registration of residence and in a timely manner ahead of elections of the conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament.
2022/07/15
Committee: LIBE
Amendment 111 #

2021/0372(CNS)

Proposal for a directive
Article 12 – paragraph 2 – introductory part
2. The Member States shall ensure that the authorities designated pursuant to paragraph 1, shall directly and individually communicate to Union voters and Union nationals entitled to stand as candidates immediately upon their registration, the following information:
2022/07/15
Committee: LIBE
Amendment 113 #

2021/0372(CNS)

Proposal for a directive
Article 12 – paragraph 2 – point c a (new)
(c a) description of the political system of the Member State concerned;
2022/07/15
Committee: LIBE
Amendment 119 #

2021/0372(CNS)

Proposal for a directive
Article 12 – paragraph 3 – introductory part
3. The information on conditions and detailed rules for registration as a voter or candidate in elections to the European Parliament and theany information referred to in paragraph 2communicated pursuant to the provisions of this Directive shall be provided in clear and plain language.
2022/07/15
Committee: LIBE
Amendment 127 #

2021/0372(CNS)

Proposal for a directive
Article 13 – paragraph 1
1. Member States shall exchange the information required for the implementation of Article 4 , sufficiently in advance of polling day and with due regard to the dates for announcing candidates and closing the electoral rolls for the election. To that end, the Member State of residence shall begin supplying the home Member State, no later than sixteen weeks before the first day of the electoral period referred to in Article 10(1) of the Act concerning the election of the members of the European Parliament by direct universal suffrage the set of information provided in Annex III , . The home Member State shall, in accordance with its national legislation, take appropriate measures to ensure that its nationals do not vote more than once or stand as candidates in more than one Member State.
2022/07/15
Committee: LIBE
Amendment 130 #

2021/0372(CNS)

Proposal for a directive
Article 14 – paragraph 1
Member States tshatll endeavour to provide for the possibilities of advance voting, postal voting, and electronic and internet voting, in elections to the European Parliament. Where possibilities of advance voting, postal voting, and electronic and internet voting are available in elections to the European Parliament to their nationals, the Member States concerned shall ensure the availability of those voting methods to Union voters under similar the same conditions as the ones applicable to their own nationals.
2022/07/15
Committee: LIBE
Amendment 134 #

2021/0372(CNS)

Proposal for a directive
Article 15 – paragraph 1
Member States shall designate an authority with responsibility for collecting and providing relevant statistical data to the public and the Commission, on the participation of Union citizens who are not nationals in elections to the European Parliament. Such statistical data shall be based on common indicators and harmonised at Union level.
2022/07/15
Committee: LIBE
Amendment 136 #

2021/0372(CNS)

Proposal for a directive
Article 15 – paragraph 1 a (new)
The Commission is empowered to adopt implementing acts concerning the form of the data referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 19.
2022/07/15
Committee: LIBE
Amendment 141 #

2021/0372(CNS)

Proposal for a directive
Article 17 – paragraph 1
1. Within six months after each election to the European Parliament Member States shall send information to the Commission on the application of this Directive in their territory. In addition to general observations, the report shall contain statistical data on the participation in elections to the European Parliament of Union voters and Union citizens entitled to stand as candidates as referred to in Article 15 and a summary of the measures taken to support it.
2022/07/15
Committee: LIBE
Amendment 144 #

2021/0372(CNS)

Proposal for a directive
Article 18 – paragraph 1
Within two years after the 20294 elections to the European Parliament, the Commission shall assess its application and produce an evaluation report on the progress towards achievement of the objectives contained herein. The evaluation shall also include a review on the functioning of Article 13. The evaluation shall be accompanied, if appropriate, by a legislative proposal to amend this Directive.
2022/07/15
Committee: LIBE
Amendment 153 #

2021/0372(CNS)

Proposal for a directive
Annex I – paragraph 4 a (new)
I have not been deprived of the right to vote in my home Member State.
2022/07/15
Committee: LIBE
Amendment 176 #

2021/0206(COD)

Proposal for a regulation
Recital 13
(13) A Social Climate (‘the Fund’) should therefore be established to provide funds to the Member States to support their policies to address the social impacts of the emissions trading for buildings and road transport on vulnerable households, vulnerable micro-enterprises and vulnerable transport users. This should be achieved notably through temporary income support and measures and investments intended to reduce reliance on fossil fuels through increased energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low-emission mobility and transport to the benefit of vulnerable households, vulnerable micro-enterprises and vulnerable transport users.
2022/02/23
Committee: EMPLENVI
Amendment 195 #

2021/0206(COD)

Proposal for a regulation
Recital 14
(14) For that purpose, each Member State should submit to the Commission a Social Climate Plan (‘the Plan’). Those Plans should pursue two objectives. Firstly, they should provide vulnerable households, vulnerable micro-enterprises and vulnerable transport users the necessary resources to finance and carry out investments in energy efficiency, decarbonisation of heating and cooling, in zero- and low-emission vehicles and mobility. Secondly, they should mitigate the impact of the increase in the cost of fossil fuels on the most vulnerable and thereby prevent energy and transport poverty during the transition period until such investments have been implemented. The Plans should have an investment component promoting the long-term solution of reduce fossil fuels reliance and could envisage other measures, including temporary direct income support to mitigate adverse income effects in the shorter term.
2022/02/23
Committee: EMPLENVI
Amendment 243 #

2021/0206(COD)

Proposal for a regulation
Recital 16
(16) Ensuring that the measures and investments are particularexclusively targeted towards energy poor or vulnerable households, vulnerable micro-enterprises and vulnerable transport users is key for a just transition towards climate neutrality. Support measures to promote reductions in greenhouse gas emissions should help Member States to address the social impacts arising from the emissions trading for the sectors of buildings and road transport.
2022/02/23
Committee: EMPLENVI
Amendment 251 #

2021/0206(COD)

Proposal for a regulation
Recital 17
(17) Pending the impact of those investments on reducing costs and emissions, well targeted direct income support for the most vulnerable would help the just transition. Such support should be understood to be a temporary measure accompanying the decarbonisation of the housing and transport sectors. It would not be permanent as it does not address the root causes of energy and transport poverty. Such support should only concern direct impacts of the inclusion of building and road transport into the scope of Directive 2003/87/EC, not electricity or heating costs related to the inclusion of power and heat production in the scope of that Directive. Eligibility for such direct income support should be limited in time.deleted
2022/02/23
Committee: EMPLENVI
Amendment 329 #

2021/0206(COD)

(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resourcesrequires a revision of the Own Resources Decision41 and the Multiannual Financial Framework41a. The financing of the Fund is subject to this revision and should therefore reflect the agreement on amending the Own Resources Decision and the Multiannual Financial Framework. Member States are to finance 750% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1). 41a Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I, 22.12.2020, p. 11-22).
2022/02/23
Committee: EMPLENVI
Amendment 333 #

2021/0206(COD)

Proposal for a regulation
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 750% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
2022/02/23
Committee: EMPLENVI
Amendment 338 #

2021/0206(COD)

Proposal for a regulation
Recital 23
(23) The financial envelope of the Fund should, in principle, be commensurate to amounts corresponding to 25% of the expected revenues from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC in the period 2026-2032. Pursuant to Council Decision (EU, Euratom) 2020/205341 , Member States should make those revenues available to the Union budget as own resources. Member States are to finance 50% of the total costs of their Plan themselves. For this purpose, as well as for investment and measures to accelerate and alleviate the required transition for citizens negatively affected, Member States should inter alia use their expected revenues from emissions trading for buildings and road transport under Directive 2003/87/EC for that purpose. If buildings and road transport are not included in the ETS, the Fund shall cease to exist. _________________ 41 Council Decision (EU, Euratom) 2020/2053 of 14 December 2020 on the system of own resources of the European Union and repealing Decision 2014/335/EU, Euratom (OJ L 424, 15.12.2020, p. 1).
2022/02/23
Committee: EMPLENVI
Amendment 348 #

2021/0206(COD)

Proposal for a regulation
Recital 24
(24) The Fund should support measures that respect the principle of additionality of Union funding. The Fund should not be a substitute for recurring national expenditures, except in duly justified cases.
2022/02/23
Committee: EMPLENVI
Amendment 415 #

2021/0206(COD)

Proposal for a regulation
Article 1 – paragraph 4
The general objective of the Fund is to contribute to the transition towards climate neutrality by addressing the social impacts of the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC. The specific objective of the Fund is to support vulnerable households, vulnerable micro-enterprises and vulnerable transport users through temporary direct income support and through measures and investments intended to increase energy efficiency of buildings, decarbonisation of heating and cooling of buildings, including the integration of energy from renewable sources, and granting improved access to zero- and low- emission mobility and transport.
2022/02/23
Committee: EMPLENVI
Amendment 524 #

2021/0206(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The Plan may include national measures providing temporary direct income support to vulnerable households and households that are vulnerable transport users to reduce the impact of the increase in the price of fossil fuels resulting from the inclusion of buildings and road transport into the scope of Directive 2003/87/EC.deleted
2022/02/23
Committee: EMPLENVI
Amendment 702 #

2021/0206(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. Member States may include the costs of measures providing temporary direct income support to vulnerable households and vulnerable households that are transport users to absorb the increase in road transport and heating fuel prices. Such support shall decrease over time and be limited to the direct impact of the emission trading for buildings and road transport. Eligibility for such direct income support shall cease within the time limits identified under Article 4(1) point (d).deleted
2022/02/23
Committee: EMPLENVI
Amendment 827 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 2025-2027 shall be EUR 23 700 000 000 in current prices.deleted
2022/02/23
Committee: EMPLENVI
Amendment 835 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. The financial envelope for the implementation of the Fund for the period 2025-2027 shall be no more than EUR 23 700 000 000 in current prices.
2022/02/23
Committee: EMPLENVI
Amendment 836 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 1 – subparagraph 1 (new)
The financial envelope for the implementation of the Fund for the period 2025 -2032 shall be subject to the agreement on the revision of the Multiannual Financial Framework and Own Resources Decision.
2022/02/23
Committee: EMPLENVI
Amendment 841 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. The financial envelope for the implementation of the Fund for the period 2028-2032 shall be EUR 48 500 000 000 in current prices, subject to the availability of the amounts under the annual ceilings of the applicable multiannual financial framework referred to in Article 312 TFEU.deleted
2022/02/23
Committee: EMPLENVI
Amendment 858 #

2021/0206(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. The amounts referred to in paragraphs 1 and 2financial envelope for the implementation of the Fund may also cover expenses pertaining to preparatory, monitoring, control, audit and evaluation activities which are required for the management of the Fund and the achievement of its objectives, in particular studies, meetings of experts, consultation of stakeholders, information and communication actions, including inclusive outreach actions, and corporate communication of the political priorities of the Union, insofar as they are related to the objectives of this Regulation, expenses linked to IT networks focusing on information processing and exchange, corporate information technology tools, and all other technical and administrative assistance expenses incurred by the Commission for the management of the Fund. Expenses may also cover the costs of other supporting activities such as quality control and monitoring of projects on the ground and the costs of peer counselling and experts for the assessment and implementation of the eligible actions.
2022/02/23
Committee: EMPLENVI
Amendment 907 #

2021/0206(COD)

Proposal for a regulation
Article 14 – paragraph 1
1. Member States shall contribute at least to 750 percent of the total estimated costs of their Plans.
2022/02/23
Committee: EMPLENVI
Amendment 1089 #

2021/0206(COD)

Proposal for a regulation
Article 24 – paragraph 1 a (new)
1a. For every year that the fund is active, the Commission shall provide a rapport to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of the C02 reduction arising from the investments in energy efficiency of building, integration of energy from renewable sources and granting improved access to zero- and low-emission mobility and transport.
2022/02/23
Committee: EMPLENVI
Amendment 1107 #

2021/0206(COD)

Proposal for a regulation
Article 26 – paragraph 2
It shall apply from the date by which the Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with Directive (EU) [yyyy/nnn] of the European Parliament and the Council64 amending Directive 2003/87/EC as regards Chapter IVa of Directive 2003/87/EC. If buildings and road transport are not included in the ETS, the Fund shall cease to exist. _________________ 64 [Directive (EU) yyyy/nnn of the European Parliament and of the Council…. (OJ …..).] [Directive amending Directive 2003/87/EC]
2022/02/23
Committee: EMPLENVI
Amendment 374 #

2021/0106(COD)

Proposal for a regulation
Recital 8
(8) The notion of remote biometric identification system as used in this Regulation should be defined functionally, as an AI system intended for the identification of natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge whether the targeted person will be present and can be identified, irrespectively of the particular technology, processes or types of biometric data used. Considering their different characteristics and manners in which they are used, as well as the different risks involved, a distinction should be made between ‘real-time’ and ‘post’ remote biometric identification systems. In the case of ‘real-time’ systems, the capturing of the biometric data, the comparison and the identification occur all instantaneously, near-instantaneously or in any event without a significant delay. In this regard, there should be no scope for circumventing the rules of this Regulation on the ‘real- time’ use of the AI systems in question by providing for minor delays. ‘Real-time’ systems involve the use of ‘live’ or ‘near- ‘live’ material, such as video footage, generated by a camera or other device with similar functionality. In the case of ‘post’ systems, in contrast, the biometric data have already been captured and the comparison and identification occur only after a significant delay. This involves material, such as pictures or video footage generated by closed circuit television cameras or private devices, which has been generated before the use of the system in respect of the natural persons concerned. The notion of remote biometric identification system shall not include verification or authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises.
2022/06/13
Committee: IMCOLIBE
Amendment 430 #

2021/0106(COD)

Proposal for a regulation
Recital 16
(16) The placing on the market, putting into service or use of certain AI systems intended towith the objective to or the effect of distorting human behaviour, whereby physical or psychological harms are reasonably likely to occur, should be forbidden. Such AI systems deploy subliminal components individuals cannot perceive or exploit vulnerabilities of children and people due to their age, physical or mental incapacitiesspecific groups of persons due to their age, disabilities, social or economic situation. They do so with the intention to materially distort the behaviour of a person and in a manner that causes or is likely to cause harm to that or another person. The intention may not be presumed if the distortion of human behaviour results from factors external to the AI system which are outside of the control of the provider or the user. Research for legitimate purposes in relation to such AI systems should not be stifled by the prohibition, if such research does not amount to use of the AI system in human- machine relations that exposes natural persons to harm and such research is carried out in accordance with recognised ethical standards for scientific research.
2022/06/13
Committee: IMCOLIBE
Amendment 443 #

2021/0106(COD)

Proposal for a regulation
Recital 17 a (new)
(17 a) AI systems used by law enforcement authorities or on their behalf to predict the probability of a natural person to offend or to reoffend, based on profiling and individual risk-assessment hold a particular risk of discrimination against certain persons or groups of persons, as they violate human dignity as well as the key legal principle of presumption of innocence. Such AI systems should therefore be prohibited.
2022/06/13
Committee: IMCOLIBE
Amendment 464 #

2021/0106(COD)

Proposal for a regulation
Recital 19
(19) The use of those systems for the purpose of law enforcement should therefore be prohibited, except in three exhaustively listed and narrowly defined situations, where the use is strictly necessary to achieve a substantial public interest, the importance of which outweighs the risks. Those situations involve the search for potential victims of crime, including missing children; certain threats to the life or physical safety of natural persons or of a terrorist attack; and the detection, localisation, identification or prosecution of perpetrators or suspects of the criminal offences referred to in Council Framework Decision 2002/584/JHA38 if those criminal offences are punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years and as they are defined in the law of that Member State. Such threshold for the custodial sentence or detention order in accordance with national law contributes to ensure that the offence should be serious enough to potentially justify the use of ‘real-time’ remote biometric identification systems. Moreover, of the 32 criminal offences listed in the Council Framework Decision 2002/584/JHA, some are in practice likely to be more relevant than others, in that the recourse to ‘real-time’ remote biometric identification will foreseeably be necessary and proportionate to highly varying degrees for the practical pursuit of the detection, localisation, identification or prosecution of a perpetrator or suspect of the different criminal offences listed and having regard to the likely differences in the seriousness, probability and scale of the harm or possible negative consequences. _________________ 38 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 477 #

2021/0106(COD)

Proposal for a regulation
Recital 20
(20) In order to ensure that those systems are used in a responsible and proportionate manner, it is also important to establish that, in each of those three exhaustively listed and narrowly defined situations, certain elements should be taken into account, in particular as regards the nature of the situation giving rise to the request and the consequences of the use for the rights and freedoms of all persons concerned and the safeguards and conditions provided for with the use. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement should be subject to appropriate limits in time and space, having regard in particular to the evidence or indications regarding the threats, the victims or perpetrator. The reference database of persons should be appropriate for each use case in each of the three situations mentioned above.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 486 #

2021/0106(COD)

Proposal for a regulation
Recital 21
(21) Each use of a ‘real-time’ remote biometric identification system in publicly accessible spaces for the purpose of law enforcement should be subject to an express and specific authorisation by a judicial authority or by an independent administrative authority of a Member State. Such authorisation should in principle be obtained prior to the use, except in duly justified situations of urgency, that is, situations where the need to use the systems in question is such as to make it effectively and objectively impossible to obtain an authorisation before commencing the use. In such situations of urgency, the use should be restricted to the absolute minimum necessary and be subject to appropriate safeguards and conditions, as determined in national law and specified in the context of each individual urgent use case by the law enforcement authority itself. In addition, the law enforcement authority should in such situations seek to obtain an authorisation as soon as possible, whilst providing the reasons for not having been able to request it earlier.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 494 #

2021/0106(COD)

Proposal for a regulation
Recital 22
(22) Furthermore, it is appropriate to provide, within the exhaustive framework set by this Regulation that such use in the territory of a Member State in accordance with this Regulation should only be possible where and in as far as the Member State in question has decided to expressly provide for the possibility to authorise such use in its detailed rules of national law. Consequently, Member States remain free under this Regulation not to provide for such a possibility at all or to only provide for such a possibility in respect of some of the objectives capable of justifying authorised use identified in this Regulation.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 582 #

2021/0106(COD)

Proposal for a regulation
Recital 38
(38) Actions by law enforcement authorities involving certain uses of AI systems are characterised by a significant degree of power imbalance and may lead to surveillance, arrest or deprivation of a natural person’s liberty as well as other adverse impacts on fundamental rights guaranteed in the Charter. In particular, if the AI system is not trained with high quality data, does not meet adequate requirements in terms of its accuracy or robustness, or is not properly designed and tested before being put on the market or otherwise put into service, it may single out people in a discriminatory or otherwise incorrect or unjust manner. Furthermore, the exercise of important procedural fundamental rights, such as the right to an effective remedy and to a fair trial as well as the right of defence and the presumption of innocence, could be hampered, in particular, where such AI systems are not sufficiently transparent, explainable and documented. It is therefore appropriate to classify as high-risk a number of AI systems intended to be used in the law enforcement context where accuracy, reliability and transparency is particularly important to avoid adverse impacts, retain public trust and ensure accountability and effective redress. In view of the nature of the activities in question and the risks relating thereto, those high-risk AI systems should include in particular AI systems intended to be used by law enforcement authorities for individual risk assessments, polygraphs and similar tools or to detect the emotional state of natural person, to detect ‘deep fakes’, for the evaluation of the reliability of evidence in criminal proceedings, for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons, or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups, for profiling in the course of detection, investigation or prosecution of criminal offences, as well as for crime analytics regarding natural persons. AI systems specifically intended to be used for administrative proceedings by tax and customs authorities should not be considered high-risk AI systems used by law enforcement authorities for the purposes of prevention, detection, investigation and prosecution of criminal offences.
2022/06/13
Committee: IMCOLIBE
Amendment 595 #

2021/0106(COD)

Proposal for a regulation
Recital 39 a (new)
(39 a) The use of AI systems in migration, asylum and border management should however not, at any point, be used by Member States or by the institutions or agencies of the Union to infringe on the principle of non- refoulement, the right to asylum or to circumvent international obligations under the Convention of 28 July 1951 relating to the Status of Refugees as amended by the Protocol of 31 January 1967.
2022/06/13
Committee: IMCOLIBE
Amendment 1037 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 34
(34) ‘emotion recognition system’ means an AI system for the purpose of identifying or inferring emotions, thoughts or intentions of natural persons on the basis of their biometric or biometrics-based data;
2022/06/13
Committee: IMCOLIBE
Amendment 1044 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 35
(35) ‘biometric categorisation system’ means an AI system for the purpose of assigning natural persons to specific categories, such as sex, age, hair colour, eye colour, tattoos, ethnic origin or sexual or political orientation, or inferring their characteristics and attributes on the basis of their biometric or biometrics-based data;
2022/06/13
Committee: IMCOLIBE
Amendment 1052 #

2021/0106(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 36
(36) ‘remote biometric identification system’ means an AI system for the purpose of identifying natural persons at a distance through the comparison of a person’s biometric data with the biometric data contained in a reference database, and without prior knowledge of the user of the AI system whether the person will be present and can be identified , excluding verification/authentification systems whose sole purpose is to confirm that a specific natural person is the person he or she claims to be, and systems that are used to confirm the identity of a natural person for the sole purpose of having access to a service, a device or premises;
2022/06/13
Committee: IMCOLIBE
Amendment 1169 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point a
(a) the placing on the market, putting into service or use of an AI system that deploys subliminal techniques beyond a person’s consciousness in order towith the objective to or the effect of materially distorting a person’s behaviour in a manner that causes or is reasonably likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1181 #

2021/0106(COD)

(b) the placing on the market, putting into service or use of an AI system that exploits any of the vulnerabilities of an individual, including characteristics of such individual’s known or predicted personality or social or economic situation, a specific group of persons due to their age, physical or mental or disability, in order to materially distort the behaviour of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
2022/06/13
Committee: IMCOLIBE
Amendment 1223 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point c a (new)
(c a) the placing on the market, putting into service or use of an AI system for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of a natural person or on assessing personality traits and characteristics or past criminal behaviour of natural persons or groups of natural persons;
2022/06/13
Committee: IMCOLIBE
Amendment 1254 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point i
(i) the targeted search for specific potential victims of crime, including missing children;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1260 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point ii
(ii) the prevention of a specific, substantial and imminent threat to the life or physical safety of natural persons or of a terrorist attack;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1274 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d – point iii
(iii) the detection, localisation, identification or prosecution of a perpetrator or suspect of a criminal offence referred to in Article 2(2) of Council Framework Decision 2002/584/JHA62 and punishable in the Member State concerned by a custodial sentence or a detention order for a maximum period of at least three years, as determined by the law of that Member State. _________________ 62 Council Framework Decision 2002/584/JHA of 13 June 2002 on the European arrest warrant and the surrender procedures between Member States (OJ L 190, 18.7.2002, p. 1).deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1286 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point d a (new)
(d a) the use of an AI system for the general monitoring, detection and interpretation of private content in interpersonal communication services, including all measures that would undermine end-to-end encryption..
2022/06/13
Committee: IMCOLIBE
Amendment 1354 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall take into account the following elements: (a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system; (b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences. In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1356 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point a
(a) the nature of the situation giving rise to the possible use, in particular the seriousness, probability and scale of the harm caused in the absence of the use of the system;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1358 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – point b
(b) the consequences of the use of the system for the rights and freedoms of all persons concerned, in particular the seriousness, probability and scale of those consequences.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1361 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1
In addition, the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement for any of the objectives referred to in paragraph 1 point d) shall comply with necessary and proportionate safeguards and conditions in relation to the use, in particular as regards the temporal, geographic and personal limitations.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1367 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. As regards paragraphs 1, point (d) and 2, each individual use for the purpose of law enforcement of a ‘real-time’ remote biometric identification system in publicly accessible spaces shall be subject to a prior authorisation granted by a judicial authority or by an independent administrative authority of the Member State in which the use is to take place, issued upon a reasoned request and in accordance with the detailed rules of national law referred to in paragraph 4. However, in a duly justified situation of urgency, the use of the system may be commenced without an authorisation and the authorisation may be requested only during or after the use. The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1375 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1
The competent judicial or administrative authority shall only grant the authorisation where it is satisfied, based on objective evidence or clear indications presented to it, that the use of the ‘real- time’ remote biometric identification system at issue is necessary for and proportionate to achieving one of the objectives specified in paragraph 1, point (d), as identified in the request. In deciding on the request, the competent judicial or administrative authority shall take into account the elements referred to in paragraph 2.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 1387 #

2021/0106(COD)

Proposal for a regulation
Article 5 – paragraph 4
4. A Member State may decide to provide for the possibility to fully or partially authorise the use of ‘real-time’ remote biometric identification systems in publicly accessible spaces for the purpose of law enforcement within the limits and under the conditions listed in paragraphs 1, point (d), 2 and 3. That Member State shall lay down in its national law the necessary detailed rules for the request, issuance and exercise of, as well as supervision relating to, the authorisations referred to in paragraph 3. Those rules shall also specify in respect of which of the objectives listed in paragraph 1, point (d), including which of the criminal offences referred to in point (iii) thereof, the competent authorities may be authorised to use those systems for the purpose of law enforcement.deleted
2022/06/13
Committee: IMCOLIBE
Amendment 2268 #

2021/0106(COD)

Proposal for a regulation
Article 52 – paragraph 2
2. Users of an emotion recognition system or a biometric categorisation system shall inform of the operation of the system the natural persons exposed thereto. This obligation shall not apply to AI systems used for biometric categorisation, which are permitted by law to detect, prevent and investigate criminal offences.
2022/06/13
Committee: IMCOLIBE
Amendment 3066 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 1 – point a a (new)
(a a) AI systems intended to be used to make inferences on the basis of biometric data, including emotion recognition systems, or biometrics-based data, including speech patterns, tone of voice, lip-reading and body language analysis, that produces legal effects or affects the rights and freedoms of natural persons.
2022/06/13
Committee: IMCOLIBE
Amendment 3154 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point a
(a) AI systems intended to be used by law enforcement authorities or on their behalf for making individual risk assessments of natural persons in order to assess the risk of a natural person for offending or reoffending or the risk for potential victims of criminal offences;
2022/06/13
Committee: IMCOLIBE
Amendment 3177 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 6 – point e
(e) AI systems intended to be used by law enforcement authorities for predicting the occurrence or reoccurrence of an actual or potential criminal offence based on profiling of natural persons as referred to in Article 3(4) of Directive (EU) 2016/680 or assessing personality traits and characteristics or past criminal behaviour of natural persons or groups;deleted
2022/06/13
Committee: IMCOLIBE
Amendment 3205 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point b
(b) AI systems intended to be used by competent public authorities or on their behalf to assess a risk, including a security risk, a risk of irregular immigration, or a health risk, posed by a natural person who intends to enter or has entered into the territory of a Member State;
2022/06/13
Committee: IMCOLIBE
Amendment 3214 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assist competent public authorities or on their behalf for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 3216 #

2021/0106(COD)

Proposal for a regulation
Annex III – paragraph 1 – point 7 – point d
(d) AI systems intended to assistbe used by competent public authorities for the examination of applications for asylum, visa and residence permits and associated complaints with regard to the eligibility of the natural persons applying for a status.
2022/06/13
Committee: IMCOLIBE
Amendment 465 #

2021/0050(COD)

Proposal for a directive
Article 1 – paragraph 1
This Directive lays down minimum requirements to strengthenestablishes a framework to promote the application of the principle of equal pay between men and women for equal work or work of equal value enshrined in Article 157 TFEU and the prohibition of discrimination laid down in Article 4 of Directive 2006/54/EC, in particular through pay transparency and reinforced enforcement mechanisms.
2021/10/26
Committee: EMPLFEMM
Amendment 472 #

2021/0050(COD)

Proposal for a directive
Article 2 – paragraph 1
1. This Directive shall gradually appliesy to employers in the public and private sectors.
2021/10/26
Committee: EMPLFEMM
Amendment 479 #

2021/0050(COD)

Proposal for a directive
Article 2 – paragraph 2
2. This Directive applies to all workers who have an employment contract or employment relationship as defined by law, collective agreements and/or practice in force in each Member State with consideration to the case-law of the Court of Justice.
2021/10/26
Committee: EMPLFEMM
Amendment 503 #

2021/0050(COD)

Proposal for a directive
Article 3 – paragraph 1 – point g
(g) ‘category of workers’ means workers performing the same work or work of equal value grouped by the workers’ employer based on criteria as laid down in Article 4 of this Directive and specified by the employer concernedwho are grouped by the workers’ employer with respect to applicable law, collective agreement or other provisions in each Member State with regard to workers performing the same work or work of equal value;
2021/10/26
Committee: EMPLFEMM
Amendment 540 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 1
1. Member States shall take the necessary measures to ensure that employers have pay structures in place ensuring that women and men are paid equally for the same work or work of equal value. performed at the same employer
2021/10/26
Committee: EMPLFEMM
Amendment 554 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 2
2. Member States shall take the necessary measures ensuring that tools or methodologies are established to assess andogether with social partners take appropriate measures ensuring adequate guidance to assess and when possible compare the value of work in line with the criteria set out in this Article. These tools or methodologierecommendations may include gender-neutral job evaluation and classification systems.
2021/10/26
Committee: EMPLFEMM
Amendment 567 #

2021/0050(COD)

Proposal for a directive
Article 4 – paragraph 3
3. The tools or methodologies shall allow assessingAn overall assessment according to this guidance, in regard to the value of work, whether workers are in a comparable situation, on the basis of objective criteria which shallmay include educational, professional and training requirements, skills, effort and responsibility, work undertaken and the nature of the tasks involved or similar criteria laid down by national law or by collective agreement. They shall not contain or be based on criteria which are based, whether directly or indirectly, on workers’ sex.
2021/10/26
Committee: EMPLFEMM
Amendment 624 #

2021/0050(COD)

Proposal for a directive
Article 6 – paragraph 1
The employer shall make easily accessible to its workers a description of the criteria used to determine pay levels and career progression for workers. These criteria shall be gender-neutral.
2021/10/26
Committee: EMPLFEMM
Amendment 641 #

2021/0050(COD)

Proposal for a directive
Article 7 – paragraph 1
1. Workers shall have the right to receive information on their individual pay level and the average pay levelspay gap and median pay gap, broken down by sex, for categories of workers doing the same work as them or work of equal value to theirin the employer´s operations, in accordance with paragraphs 3 and 4.
2021/10/26
Committee: EMPLFEMM
Amendment 655 #

2021/0050(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Employers shall provide the information referred to in paragraph 1 within a reasonable period of time upon a worker’s request. The information shall be provided only if it does not reveal information about wage levels of an individual worker and in accessible formats for workers with disabilities upon their request.
2021/10/26
Committee: EMPLFEMM
Amendment 678 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 1 – introductory part
1. EMember States shall introduce adequate measures, with regard to national labour market traditions, to ensure that employers with at least 250 workers shall provide the followingmonitor and provide information concerning their organisation, in accordance with paragraphs 2, 3, and 5:pay gap between female and male workers for different categories of workers that conducts the same work as them or work of equal value for the same employer.
2021/10/26
Committee: EMPLFEMM
Amendment 763 #

2021/0050(COD)

Proposal for a directive
Article 8 – paragraph 5
5. The employer shall provide the information referred to in paragraph 1, point (g) to all workers and their union representatives, as well as to the monitoring body referred to in paragraph 6. It shall provide it to the labour inspectorate and the equality body upon their request. Thor to the trade union with which the employer have entered into collective agreement with. The employer shall upon request, provide information fromto the previous four years,monitoring body ifn available, shall also be provided upon requestccordance to Article 26.
2021/10/26
Committee: EMPLFEMM
Amendment 917 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 1
1. Member States shall take the appropriate measures, in accordance with their national judicial systems, to ensure that, when workers who consider themselves wronged because the principle of equal pay has not been applied to them, establish before a court or other competent authority, facts from which it may be presumed that there has been direct or indirect discrimination, it shall be for the defendant to prove that there has been no direct or indirect discrimination in relation to pay.;
2021/10/26
Committee: EMPLFEMM
Amendment 919 #

2021/0050(COD)

Proposal for a directive
Article 16 – paragraph 2
2. Member States shall ensure that, in any legal or administrative proceedings concerning direct or indirect discrimination, where an employer failed to comply with any of the rights or obligations related to pay transparency set out in Articles 5 through 9 of this Directive, it shall be for the employer to prove that there has been no such discrimination.;
2021/10/26
Committee: EMPLFEMM
Amendment 940 #

2021/0050(COD)

Proposal for a directive
Article 18 – paragraph 3
3. Member States shall ensure that the limitation periods for bringing claims are set at three years at leastin accordance with national labour market practice and established case law.
2021/10/26
Committee: EMPLFEMM
Amendment 959 #

2021/0050(COD)

Proposal for a directive
Article 19 – paragraph 1
Claimants who prevail on a pay discrimination claim shall have the right to recover from the defendant, in addition to any other damages, reasonable legal and experts’ fees and costs. Defendants who prevail on a pay discrimination claim shall not have the right to recover any legal and experts’ fees from the claimant(s) and costs, unless the claim was brought in bad faith, was clearly frivolous or where such non-recovery is considered manifestly unreasonable under the specific circumstances of the case.;
2021/10/26
Committee: EMPLFEMM
Amendment 1071 #

2021/0050(COD)

Proposal for a directive
Article 30 – title
Implementation and deviations through collective agreements
2021/10/26
Committee: EMPLFEMM
Amendment 1072 #

2021/0050(COD)

Proposal for a directive
Article 30 – paragraph 1
Member States may entrust the social partners with the implementation of this Directive, where the social partners jointly request to do so, provided that Member States take all the necessary steps to ensure that the results sought by this Directive are guaranteed at all times. Member States may allow social partners to establish, negotiate, conclude and apply collective agreement in accordance to national law and labour market traditions or relevant case law that establishes rules concerning information about wage setting that deviates from [Articles 5 to 9] in this Directive or regulations concerning limitation periods in Article 18.
2021/10/26
Committee: EMPLFEMM
Amendment 1075 #

2021/0050(COD)

Proposal for a directive
Article 31 – paragraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twofour years after the entry into force]. They shall immediately inform the Commission thereof.
2021/10/26
Committee: EMPLFEMM
Amendment 24 #

2020/2255(INL)

Motion for a resolution
Citation 47 a (new)
— Whereas 23 million non-EU nationals were legally resident in EU Member States in 2020, some 5, 1% of the EU total population,
2021/09/10
Committee: LIBE
Amendment 25 #

2020/2255(INL)

Motion for a resolution
Citation 47 b (new)
— Whereas there are currently around 3.1 million EU long-term resident permits; Whereas 7.1 million long-term residence permits were issued under Member States’ national legislation,
2021/09/10
Committee: LIBE
Amendment 28 #

2020/2255(INL)

Motion for a resolution
Citation 47 c (new)
— whereas the low issuance rate of long-term resident permits indicates a need to improve its attractiveness, which could be achieved by a revision of the directive clarifying the advantages of holding an EU long-term residence permit and approximating national legislative schemes,
2021/09/10
Committee: LIBE
Amendment 29 #

2020/2255(INL)

Motion for a resolution
Citation 47 d (new)
— Whereas Article 79(1)of the Treaty on the Functioning of the European Union states that “The Union shall develop a common immigration policy aimed at ensuring, at all stages, the efficient management of migration flows, fair treatment of third-country nationals residing legally in Member States, and the prevention of, and enhanced measures to combat, illegal immigration and trafficking in human beings”,
2021/09/10
Committee: LIBE
Amendment 30 #

2020/2255(INL)

Motion for a resolution
Citation 47 e (new)
— Whereas the main findings of the Commission’s fitness check on legal migration highlighted effective legal migration policies being key in the management of migratory flows,
2021/09/10
Committee: LIBE
Amendment 31 #

2020/2255(INL)

Motion for a resolution
Citation 47 f (new)
— Whereas the same fitness check clearly stated that the current EU rules on legal migration has had limited impact in relation to attracting the skills and talents needed for the EU labour market and economy, as well as pointing out that the current legal framework is “fragmented and presents a number of gaps, as well as implementation problems”,
2021/09/10
Committee: LIBE
Amendment 32 #

2020/2255(INL)

Motion for a resolution
Citation 47 g (new)
— Whereas according to the European Commission Report on the Impact of Demographic Change from 2020, the median age of the EU27 is at 44 years today, has been increasing for several years and will continue to do so for at least the coming two decades,
2021/09/10
Committee: LIBE
Amendment 33 #

2020/2255(INL)

Motion for a resolution
Citation 47 h (new)
— Whereas this implies that long- term, the EU will face a growing share of the population consisting of citizens being 65+ years old in the coming decades, while the share representing the working age population is projected to decrease during the same time period,
2021/09/10
Committee: LIBE
Amendment 34 #

2020/2255(INL)

Motion for a resolution
Citation 47 i (new)
— Whereas the mismatch of skills on the EU Member States’ labour markets’ has proven very costly for the European Union, causing its economy to lose over 2% of productivity per year according to a study from the European Economic and Social Committee from 2018; whereas the same report states that the mismatch occurs on all skill levels -ranging from cooks and truck drivers to medical doctors and teachers; Whereas this report asserts that the current legislative schemes are insufficient in ensuring that the European Union remains economically competitive in both short-, medium and long-term, as well as meeting the demands of the Member States’ labour markets,
2021/09/10
Committee: LIBE
Amendment 35 #

2020/2255(INL)

Motion for a resolution
Citation 47 j (new)
— Whereas the creation of additional legal pathways on an EU level could help to provide EU Member States with a tool to properly face these demographic challenges, as well as meeting demands of the labour markets that cannot be met by the domestic workforce and enhance the matching of skills on the labour markets,
2021/09/10
Committee: LIBE
Amendment 36 #

2020/2255(INL)

Motion for a resolution
Citation 47 k (new)
— Whereas according to a publication from the Commission on 24 April 2020, an average of 13 % of keyworkers for societies are immigrants in the EU; whereas this shows that they played a crucial role in the EU's ability to handle the COVID-19 pandemic,
2021/09/10
Committee: LIBE
Amendment 37 #

2020/2255(INL)

Motion for a resolution
Citation 47 l (new)
— Whereas Commissioner Ylva Johansson stated on the occasion of the launch event of the talent partnerships on June 11th 2021 that the Commission’s strategic objective is to replace irregular migration with legal pathways,
2021/09/10
Committee: LIBE
Amendment 38 #

2020/2255(INL)

Motion for a resolution
Citation 47 m (new)
— Whereas the EU is one of the main investors in developing human capital in neighbouring countries,
2021/09/10
Committee: LIBE
Amendment 39 #

2020/2255(INL)

Motion for a resolution
Citation 47 n (new)
— Whereas the renewed European Partnership for Integration with social and economic partners looks into expanding the future cooperation to the area of labour migration,
2021/09/10
Committee: LIBE
Amendment 40 #

2020/2255(INL)

Motion for a resolution
Citation 47 o (new)
— Whereas an adequate implementation of the existing legislation on labour migration is equally important to proposing new legislation,
2021/09/10
Committee: LIBE
Amendment 41 #

2020/2255(INL)

Motion for a resolution
Citation 47 p (new)
— Whereas several EU Member States have already entered into successful partnerships with third countries to create a legal pathway for labour migration, as well as matching labour market demands on a smaller scale through pilot projects; Whereas talent partnerships should build upon positive lessons learned from these projects,
2021/09/10
Committee: LIBE
Amendment 42 #

2020/2255(INL)

Motion for a resolution
Citation 47 q (new)
— Whereas the partnership frameworks between EU Member States and third countries can serve as a crucial tool in the acceleration of the mutual recognition of skills and qualifications of legal labour migrants,
2021/09/10
Committee: LIBE
Amendment 43 #

2020/2255(INL)

Motion for a resolution
Citation 47 r (new)
— Whereas the Single Permit Directive, adopted in 2011, has the facilitation of application procedures for a combined work and residence permit and equal treatment as its two main objectives; whereas the evaluation of the Directive under the Fitness Check on legal migration and its implementation report identified a number of shortcomings with regard to the achievement of those objectives; whereas to address those shortcomings, the 2020 Commission Pact on Migration and Asylum announced a number of new initiatives, including a revision of the Single permit Directive,
2021/09/10
Committee: LIBE
Amendment 44 #

2020/2255(INL)

Motion for a resolution
Citation 47 s (new)
— Whereas Directive 2009/52/EC of the European Parliament and of the Council provides sanctions and measures that can be used against employers exploiting illegally staying third country nationals who are working; whereas third country nationals who have entered the EU legally can also be exploited and should benefit from the same level of protection,
2021/09/10
Committee: LIBE
Amendment 45 #

2020/2255(INL)

Motion for a resolution
Citation 47 t (new)
— Whereas the direct link between a legally staying third country national’s right of residence and his or her employer exposes them to potential labour exploitation; whereas there has been calls to phase out these permits and instead to allow legally staying third country nationals to change employers without losing their work permits,
2021/09/10
Committee: LIBE
Amendment 46 #

2020/2255(INL)

— Whereas the European Labour Authority has strengthened its cross- border operational capacity to support and strengthen national labour inspectorates and authorities, as well as social partners, in order to promote fair labour mobility and tackle cross-border fraud and abuse,
2021/09/10
Committee: LIBE
Amendment 47 #

2020/2255(INL)

Motion for a resolution
Citation 47 v (new)
— Whereas visa measures can act as a positive incentive in the engagement with third countries; whereas the EU has recently revised the Visa Code and made additional efforts on visa facilitation with third countries as part of a comprehensive approach to migration policy outlined in the New Pact on Migration and Asylum,
2021/09/10
Committee: LIBE
Amendment 48 #

2020/2255(INL)

Motion for a resolution
Citation 47 w (new)
— Whereas the European Union is in the process of a post-pandemic economic recovery; Whereas improved legislative schemes on legal labour migration are a decisive factor for the economic recovery of the European Union,
2021/09/10
Committee: LIBE
Amendment 128 #

2020/2255(INL)

Motion for a resolution
Paragraph 8
8. Notes that the objective of Directive 2011/98/EU to simplify and harmonise the rules concerning permits currently applicable in the Member States and promote equal treatment has not been fully achieved with some of the provisions being implemented in different ways across the Union; requests the Commission to take the necessary steps to ensure that the Member States implement that Directive fully; further considers that thate Directive should be amended to allowrequire that applications for a single permit tomay be lodged both from within both a Member State and from a third country, and, in order to further simplify and harmonise the rules, to clearly regulate the procedure for obtaining an entry visa so as to avoid applicants having to submit the documents needed to obtain a single permit twice, and to reduce dependency of workers and risk of exploitation; calls on the Commission to include such amendments in its proposal;
2021/09/10
Committee: LIBE
Amendment 211 #

2020/2255(INL)

Motion for a resolution
Annex I – Recommendation 5 – title
Recommendation 5 (on the simplification and improvement of Directive 2011/98/EU)
2021/09/10
Committee: LIBE
Amendment 216 #

2020/2255(INL)

Motion for a resolution
Annex I – Recommendation 5 – indent 1
- The European Parliament is of the view that procedures with respect to Directive 2011/98/EU should be further harmonised for that Directive to be fully efficient, therefore considers that the legislative act to be adopted should amend that Directive in order to allowrequire that applications for a single permit tomay be lodged both from within the territory of a Member State and from a third country, while engaging both the Member States and the third countries in a system that sharesthe exchange of information on, and coordinates with respect to,ion of the applications lodged, in full compliance with EU data protection standards. The European Parliament moreover calls for, inter alia, the clear regulation and streamlining of the procedure for applying for an entry visa in order to avoid applicants having to submit the documents needed to obtaining a single permit twice, and also requestsks the Commission to propose changes that would alleviate the difficulties facing third-country national holding work permits when changing employment, thus making the permit holder too dependent on the employeranalyse and reduce the administrative requirements and inefficiencies in permit procedures which prevent pathways from responding to real labour market needs.
2021/09/10
Committee: LIBE
Amendment 41 #

2020/2215(INI)

Motion for a resolution
Citation 16 a (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 18 October 2017 on promoting the human rights of and eliminating discrimination against intersex people,
2020/12/14
Committee: FEMM
Amendment 43 #

2020/2215(INI)

Motion for a resolution
Citation 16 b (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 22 April 2015 on discrimination against transgender people in Europe,
2020/12/14
Committee: FEMM
Amendment 55 #

2020/2215(INI)

Motion for a resolution
Citation 25 a (new)
- having regard to its resolution of 14 February 2019 on the rights of intersex people;1a _________________ 1a Texts adopted, P8_TA(2019)0128
2020/12/14
Committee: FEMM
Amendment 116 #

2020/2215(INI)

Motion for a resolution
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
2020/12/14
Committee: FEMM
Amendment 151 #

2020/2215(INI)

Motion for a resolution
Recital F
F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages and honour killings; , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;
2020/12/14
Committee: FEMM
Amendment 161 #

2020/2215(INI)

Motion for a resolution
Recital F a (new)
F a. whereas the World Health Organisation defines infertility as “a disease of the reproductive system defined by the failure to achieve a clinical pregnancy after 12 months or more of regular unprotected sexual intercourse”; whereas this definition fails to encompass the reality of lesbian and bisexual women as well as transgender persons in same- sex couples or single women interested in fertility options, worsening the socio-legal challenges in access to Assisted Reproductive Technologies (ART) they already face as a result of the focus on countering infertility; whereas lesbian and bisexual women may be unable to prove their “infertility” and therefore be denied access to ART;1a _________________ 1a https://www.who.int/reproductivehealth/to pics/infertility/definitions/en/
2020/12/14
Committee: FEMM
Amendment 164 #

2020/2215(INI)

Motion for a resolution
Recital F b (new)
F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;
2020/12/14
Committee: FEMM
Amendment 290 #

2020/2215(INI)

Motion for a resolution
Paragraph 5 a (new)
5 a. Recalls the views endorsed by the Committee of Ministers of the Council of Europe, which recommended trans- specific healthcare such as hormonal treatment and surgery to be accessible and reimbursed by public health insurance schemes;1a _________________ 1aCDDH Report on the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, ¶130, accessible at https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=09000016809f9ba0
2020/12/14
Committee: FEMM
Amendment 319 #

2020/2215(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;
2020/12/14
Committee: FEMM
Amendment 322 #

2020/2215(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Recalls the decision of the European Court of Human Rights in A.P. Gaçon and Nicot v. France, where it recognised that a Member State’s requirement of sterilisation ahead of allowing legal gender recognition procedures amounted to a failure to secure the right to respect for the private life of the applicant; recalls the UN’s acknowledgement that forced sterilisation is a violation of the right to be free from torture and other cruel, inhuman, or degrading treatment or punishment;1a deplores that sterilisation remains a sine qua non condition for access to legal gender recognitions in some EU Member States; calls upon the Member States to abolish the sterilisation requirement and to protect transgender persons' right to self-determination;1b _________________ 1a https://www.ohchr.org/Documents/HRBo dies/HRCouncil/RegularSession/Session2 2/A.HRC.22.53_English.pdf 1bEuropean Court of Human Rights, Case of A.P., Garçon and Nicot v.France (application nos. 79885/12, 52471/13 and 52596/13).
2020/12/14
Committee: FEMM
Amendment 341 #

2020/2215(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;
2020/12/14
Committee: FEMM
Amendment 407 #

2020/2215(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;
2020/12/14
Committee: FEMM
Amendment 414 #

2020/2215(INI)

Motion for a resolution
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women and pregnant persons have access to affordable, evidence-based maternity, pregnancy and birth-related care;
2020/12/14
Committee: FEMM
Amendment 431 #

2020/2215(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;
2020/12/14
Committee: FEMM
Amendment 484 #

2020/2215(INI)

Motion for a resolution
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the next EU gender equality simplementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;
2020/12/14
Committee: FEMM
Amendment 7 #

2020/2209(INI)

Draft opinion
Paragraph 1
1. Stresses that persons with disabilities are entitled to enjoy their fundamental rights on an equal basis; calls on the Member States to take appropriate measures to provide effective access to justice for persons with disabilities; emphasises that facilities and services must be accessible to ensure equal access to justice; urges to pay special attention to women with disabilities as they are two to five times more likely to experience violence than other women1a; _________________ 1aEuropean Commission, ‘Union of Equality, Strategy for the Rights of Persons with Disabilities 2021-2030’ (3 March 2021), p.16, https://op.europa.eu/en/publication- detail/-/publication/3e1e2228-7c97-11eb- 9ac9-01aa75ed71a1/language-en
2021/04/27
Committee: LIBE
Amendment 23 #

2020/2209(INI)

Draft opinion
Subheading 2 a (new)
Combating discrimination
2021/04/27
Committee: LIBE
Amendment 24 #

2020/2209(INI)

Draft opinion
Paragraph 3 a (new)
3a. Urges the Member States to ensure that people with disabilities are engaged in the policy-making process without any constraints; notes that the CRPD requires full political participation, which means that persons with disabilities must be able to participate in elections and decision- making processes on an equal basis with others; calls on the Commission to ensure that Member States provide facilitated naturalisation or specific exemptions from naturalisation exams for persons with disabilities to guarantee their access to citizenship;
2021/04/27
Committee: LIBE
Amendment 33 #

2020/2209(INI)

Draft opinion
Paragraph 4
4. Considers that good education for persons with disabilities must be prioritised; encourages the Member States to promote high-quality education and lifelong learning; stresses the need to increase the participation of young people with disabilities in training taking into account their needs, which would provide them better access to the labour market; notes the benefits for children from linguistic minorities with special educational needs to learn in their mother tongue during early years’ education in cases where it is difficult for them to use language and communicate; calls on the Member States to ensure access to minority language education for children with special educational needs.
2021/04/27
Committee: LIBE
Amendment 54 #

2020/2196(INI)

Motion for a resolution
Paragraph 2
2. Deplores the fact that internal border controls are continuing to be introduced by some Member States as a unilateral response to new challenges, before they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controls; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation among the Schengen states and appropriate governance for the Schengen area; recalls that despite identifying significant shortcomings in the implementation of the Schengen acquis, the Commission has been slow or outright reluctant to initiate infringement proceedings, thereby contributing to the existing enforcement gap;
2021/01/20
Committee: LIBE
Amendment 57 #

2020/2196(INI)

Motion for a resolution
Paragraph 3
3. Reiterates the need for Member States to respect the law as enshrined in the Treaties and the Charter of Fundamental Rights, and to implement border measures in a lawful and non-discriminatory way;
2021/01/20
Committee: LIBE
Amendment 130 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Points out that despite the Commission adopting 198 evaluation reports in the period 2015-2019, only 45 Schengen evaluations have been closed; calls on the Member States to step up implementation of evaluation findings and Council recommendations;
2021/01/20
Committee: LIBE
Amendment 133 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 b (new)
10b. Calls on the Commission to allocate sufficient resources to ensure a comprehensive evaluation of the Schengen system, including by increasing the number of on-site visits in the Member States; notes that announcing to the Member State concerned an 'unannounced' visit 24 hours in advance defeats the purpose of unannounced visits and requests a change of practice;
2021/01/20
Committee: LIBE
Amendment 134 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 c (new)
10c. Notes that a Schengen evaluation cycle takes on average two years; calls on the Commission and the Council to speed up the process, in particular the adoption of Council recommendations, which takes on average 32 weeks;
2021/01/20
Committee: LIBE
Amendment 135 #

2020/2196(INI)

Motion for a resolution
Paragraph 10 d (new)
10d. Highlights the recurrent deficiencies and areas of improvement in the Schengen system identified by the Commission: incomplete or non-conform transposition, implementation and application of pertinent Schengen acquis; insufficient number of staff and inadequate qualification and/or training; diverging and inconsistent national practices due to incoherent implementation of the Schengen acquis; fragmented administrative structures with insufficient coordination and integration of the different authorities; and practical, technological and regulatory barriers to cooperation within the Schengen area; recalls that these problems constitute fundamental obstacles to the proper functioning of Schengen and urges the Member States to finally give them appropriate attention;
2021/01/20
Committee: LIBE
Amendment 178 #

2020/2196(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Welcomes, that as of 1 January 2021, Ireland has begun to apply parts of the Schengen acquis; notes that Ireland's participation will benefit the security and well-being of citizens all over Europe, in particular in light of the UK's new status as a third country; encourages Ireland to join the Schengen system in full to further strengthen border management and security cooperation in Europe, without prejudice to the special arrangements governing the North/South border.
2021/01/20
Committee: LIBE
Amendment 7 #

2020/2194(DEC)

Draft opinion
Paragraph 2
2. NotStresses that the Court found that the payments underlying the accounts were legal and regular for all agencies except for EASO, for which a qualified opinion was issued due to irregularities in regard to public procurement procedures and related payments; is disappointed that the legality and regularity of payments only slowly improved in 2019; regrets that, once again, there were irregular payments, representing 14,6 % of the value of all payments made by EASO in 2019; Acknowledges that the Executive Director is taking action to improve the management of EASO;
2021/01/19
Committee: LIBE
Amendment 14 #

2020/2194(DEC)

Draft opinion
Paragraph 4
4. NotUnderlines that public procurement continues to be the main area prone to error in relation to all Union decentralised agencies; calls therefore on the affected JHA agencies, i.e. Europol, CEPOL to improve their public procurement procedures with a view to compliance with applicable rules and as a result, the achievement of the most economically advantageous purchases, while respecting the principles of transparency, proportionality, equal treatment and non- discrimination and eu-LISA to improve the recruitment procedure.
2021/01/19
Committee: LIBE
Amendment 16 #

2020/2194(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the importance to increase the digitalisation of the agencies in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the agencies to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed.
2021/01/19
Committee: LIBE
Amendment 23 #

2020/2194(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the agencies to continue to develop synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
2021/01/19
Committee: LIBE
Amendment 5 #

2020/2181(DEC)

Draft opinion
Paragraph 3
3. Reiterates the Agency's very low budget implementation in 2019, with close to 55.2 % (EUR 159 million) of commitment appropriations carried forward and 47.832 % (EUR 66 million) of payment appropriations unused; acknowledges that this was due to the late adoption or entry into force of certain legislative acts; calls on the Agency and the Commissionrecommends to the Commission and the Agency to start their dialogue at the earliest stage of preparation of new legal proposals in order to improve the budgetary planning in the future and to improveheir alignment of budgetary planning with the timing of the related legal acts;
2021/01/20
Committee: LIBE
Amendment 14 #

2020/2181(DEC)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
2021/01/20
Committee: LIBE
Amendment 16 #

2020/2181(DEC)

Draft opinion
Paragraph 5 b (new)
5 b. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/20
Committee: LIBE
Amendment 17 #

2020/2181(DEC)

Draft opinion
Paragraph 5 c (new)
5 c. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it.
2021/01/20
Committee: LIBE
Amendment 5 #

2020/2172(DEC)

Draft opinion
Paragraph 1
1. Underlines the important role of the European Union Agency for Law Enforcement Cooperation (‘Europol’) in supporting Member States’ criminal investigations; emphasises also the extension of its tasks and its growing role in the prevention and combating of serious crime, including terrorism, across Europe;
2021/01/19
Committee: LIBE
Amendment 7 #

2020/2172(DEC)

Draft opinion
Paragraph 1 a (new)
1 a. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security) ; welcomes the cooperation within the JHA Agencies Network chaired by Europol in 2019 to prepare a strategy paper on the future of the EU Security Architecture and the role of JHA agencies;
2021/01/19
Committee: LIBE
Amendment 15 #

2020/2172(DEC)

Draft opinion
Paragraph 3
3. NoteHighlights that the number of operations that Europol supported grew from 1 748 in 2018 to 1 921 in 2019 (representing an increase of 9,89 %) and that operational meetings funded by Europol increased from 427 in 2018 to over 500 in 2019 (representing an increase of 17%);
2021/01/19
Committee: LIBE
Amendment 20 #

2020/2172(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/19
Committee: LIBE
Amendment 27 #

2020/2172(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it;
2021/01/19
Committee: LIBE
Amendment 2 #

2020/2158(DEC)

Draft opinion
Paragraph 3
3. Deplores the fact that Eurojust was faced with a decrease in its budget from EUR 47 to 44 million (-6.38%) and a slight increase in staff from 238 to 239 (+0.4%) despite an increase in the number of cases to be processed by the agency in recent years and a 17% increase in workload compared to 2018; reminds that the workload is expected to increase further due to the new mandate which entered into force in 20191 ; further recallhighlights that the number of coordination centres held in 2019 increased from 17 to 20 (+19%), demonstrating the popularity and utility of this operational tool; stresses the essential role that Eurojust plays in the Union security chain and maintains that its budget should match its tasks and priorities in order to enable it to fulfil its mandate; _________________ 1Regulation (EU) 2018/1727 of the European Parliament and of the Council of 14 November 2018 on the European Union Agency for Criminal Justice Cooperation (Eurojust), and replacing and repealing Council Decision 2002/187/JHA https://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32018 R1727
2021/01/15
Committee: LIBE
Amendment 9 #

2020/2158(DEC)

Draft opinion
Paragraph 4
4. NoteRegrets that anEurojust has not yet taken the necessary measures despite the Court's outstanding observation from 2018, namely, concerning the use of a negotiated procurement procedure is still to be justified;, which remains unjustified to date.
2021/01/15
Committee: LIBE
Amendment 13 #

2020/2158(DEC)

Draft opinion
Paragraph 5 a (new)
5 a. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it;
2021/01/15
Committee: LIBE
Amendment 14 #

2020/2158(DEC)

Draft opinion
Paragraph 5 b (new)
5 b. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/15
Committee: LIBE
Amendment 15 #

2020/2158(DEC)

Draft opinion
Paragraph 5 c (new)
5 c. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security).
2021/01/15
Committee: LIBE
Amendment 2 #

2020/2153(DEC)

Draft opinion
Paragraph 2 a (new)
2 a. Calls on the agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improve efficiency (human resources, building management, IT services and security);
2021/01/19
Committee: LIBE
Amendment 3 #

2020/2153(DEC)

Draft opinion
Paragraph 2 b (new)
2 b. Welcomes the cooperation between the Centre and EUROPOL; acknowledges the publication of their third joint report on EU Drug Markets and its supporting digital information package; notes the two new cooperations at institutional level with the European Chemicals Agency (ECHA) and the European Food Safety Authority (EFSA), in order to implement the New Psychoactive Substances legislation;
2021/01/19
Committee: LIBE
Amendment 7 #

2020/2153(DEC)

Draft opinion
Paragraph 3 a (new)
3 a. Stresses the importance to increase the digitalisation of the agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed;
2021/01/19
Committee: LIBE
Amendment 11 #

2020/2153(DEC)

Draft opinion
Paragraph 3 b (new)
3 b. Underlines the important effect of turnover within the staff of the Union agencies; calls for the implementation of human and social policies to remedy it.
2021/01/19
Committee: LIBE
Amendment 2 #

2020/2152(DEC)

Draft opinion
Paragraph 1
1. Reiterates the role of the Fundamental Rights Agency (‘FRA’ or ‘the Agency’) in helping to ensure that the fundamental rights of people living in the Union are protected; recalls the importance of the Agency in promoting the reflection on the appropriate balance between security and fundamental rights; highlights, in particular, the value of the Agency’s studies and opinions for the development of Union legislation and its commitment to research and reporting all types of discrimination within the Union;
2021/01/19
Committee: LIBE
Amendment 11 #

2020/2152(DEC)

Draft opinion
Paragraph 3
3. Regrets that the levels of commitment carry-overs for operational expenditure once again remained high at 60 %, which is a lower percentage than in 2018, but still indicates a structural problem; notes the decrease of 10% between 2018 and 2019; stresses that this high percentage still indicates a structural problem despite the Agency improvement to better monitor delays between the signature of contracts, deliveries and payments; calls on the Agency to further improve its financial planning and its implementation cycles;
2021/01/19
Committee: LIBE
Amendment 13 #

2020/2152(DEC)

Draft opinion
Paragraph 4
4. Welcomes the progress made by the 4. Stresses the importance to increase the digitalisation of the Agency in terms of internal operation and management but also in order to speed up the digitalisation of procedures; stresses the need for the Agency to continue to be proactive in this regard in order to avoid a digital gap between the agencies at all costs; draws attention, however, to the need to take all the necessary security measures to avoid any risk to the online security of the information processed; welcomes the progress made by the Agency in relation to the recommendations of the Court on the introduction of e- tendering; calls on the FRA to step up its efforts regarding the outstanding recommendation on e-submission.
2021/01/19
Committee: LIBE
Amendment 18 #

2020/2152(DEC)

Draft opinion
Paragraph 4 a (new)
4 a. Stresses the efforts to consolidate the Agency's new organisational structure; welcomes this reorganisation and the achievement of the objective of gender balance in management positions, as set by the Parliament;
2021/01/19
Committee: LIBE
Amendment 21 #

2020/2152(DEC)

Draft opinion
Paragraph 4 b (new)
4 b. Calls on the Agency to continue to develop its synergies, increase cooperation and exchange of good practices with other European agencies with a view to improving efficiency (human resources, building management, IT services and security);
2021/01/19
Committee: LIBE
Amendment 23 #

2020/2152(DEC)

Draft opinion
Paragraph 4 c (new)
4 c. Underlines the important effect of turnover within the staff of the agencies of the European Union; calls for the implementation of human and social policies to remedy it.
2021/01/19
Committee: LIBE
Amendment 38 #

2020/2131(INI)

Draft opinion
Paragraph 2 a (new)
2a. Calls for a European horizontal strategy for SME recovery in order to support them by reducing red tape, improving access to finance and by fostering investments in strategic value chains, start-ups and micro SMEs in line with the European Green Deal;
2020/09/04
Committee: EMPL
Amendment 62 #

2020/2131(INI)

Draft opinion
Paragraph 4
4. Calls for the systematic application of health and safety measures in the workplace, and welcomes the guidelines of the European Agency for Safety and Health at Work (EU-OSHA) on adapting workplaces and protecting workers in relation to the COVID-19 pandemic; considers that such guidelines should be further developed in order to provide a coordinated and efficient response in case of future cross-border threats to public health; encourages Member States to raise awareness of Occupational Safety and Health and to take all necessary actions to ensure the safety and health of workers, including through strengthening inspections, where and when necessary;
2020/09/04
Committee: EMPL
Amendment 77 #

2020/2131(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission and Member States to urgently support businesses, especially SMEs, by reducing unnecessary administrative burdens and by facilitating their access to liquidity; welcomes in this respect the temporary SURE initiative, proposed by the Commission; calls on the Commission and the Member States to ensure that alternative financing options, such as credit unions and private equity investors are available to SMEs; calls for the establishment of capacity building programmes, within the Recovery plan, aimed at helping SMEs, particularly micro SMEs to readjust their businesses to COVID-19 affected markets;
2020/09/04
Committee: EMPL
Amendment 85 #

2020/2131(INI)

Draft opinion
Paragraph 5 b (new)
5b. Believes that the digitalisation provides an abundance of opportunities for SMEs and can significantly improve their productivity, business management and resilience; considers that an ambitious timetable is needed to harmonise digital aspects of the single market and foster e-Government solutions; calls for standardisation and digitalisation of procedures and forms which will help SMEs in the long-term;
2020/09/04
Committee: EMPL
Amendment 111 #

2020/2131(INI)

Draft opinion
Paragraph 6 a (new)
6a. Believes that EU’s entrepreneurs will be at the heart of the recovery process and stresses that promoting entrepreneurship is an important driver for social inclusion, smart, sustainable and inclusive economic growth and competitiveness; calls on the Commission and the Member States to foster and support the development of entrepreneurial spirit and skills and to facilitate the establishment of new business models for SMEs;
2020/09/04
Committee: EMPL
Amendment 118 #

2020/2131(INI)

Draft opinion
Paragraph 6 b (new)
6b. Underlines the importance of SME friendly legislative environment; calls on the Commission for a strict application of the ‘SME test’, which would help implementing the important ‘Think Small Principle’; supports Commission’s plans to appoint an EU SME envoy to address and facilitate SMEs related issues and solutions;
2020/09/04
Committee: EMPL
Amendment 122 #

2020/2131(INI)

Draft opinion
Paragraph 6 c (new)
6c. Recommends strengthening the exchange of SME focused initiatives, which have proven to be successful and best practices among the Member States; furthermore, recommends the establishment of platforms for exchanges among SMEs that are developing innovative, breakthrough technologies;
2020/09/04
Committee: EMPL
Amendment 125 #

2020/2131(INI)

Draft opinion
Paragraph 6 d (new)
6d. Emphasises the need to support social and solidarity-based enterprises by creating a favourable environment for their development; stresses that the Commission and Member States should promote the establishment of social and solidarity-based enterprises;
2020/09/04
Committee: EMPL
Amendment 129 #

2020/2131(INI)

Draft opinion
Paragraph 6 e (new)
6e. Calls on the Commission to consider the need to establish one-stop- shop aimed to support SMEs’ internationalisation, for example by providing information on funds and grants for technical feasibility studies of innovative business products and other relevant information on internationalisation;
2020/09/04
Committee: EMPL
Amendment 346 #

2020/2121(INI)

Motion for a resolution
Paragraph 28
28. Stresses that intersecting disadvantages create additional barriers and challenges for specific groups of women, therefore the safety and protection of all persons must be secured and their specific needs addressed by taking due account of an intersectional approach;
2020/09/16
Committee: FEMM
Amendment 351 #

2020/2121(INI)

Motion for a resolution
Paragraph 29
29. Underlines that due to a higher life expectancy and higher likelihood of experiencing health problems, older women are often the majority of residents in long-term care facilities30 that became virus hotspots in many countries; calls on the Member States to examine the provision of care for older persons in different settings; and calls on the Council to establish targets for the provision of accessible, affordable and quality long term care equivalent to the Barcelona objectives; _________________ 30https://eige.europa.eu/covid-19-and- gender-equality/gender-impacts-health
2020/09/16
Committee: FEMM
Amendment 355 #

2020/2121(INI)

Motion for a resolution
Paragraph 30
30. Regrets that many of the women with disabilities who depend on others for everyday care or support were unable to access their usual support networks or maintain physical distancing; calls on the Member States to ensure that these support networks are sdeemed essentilal accessible andservices adequately adapted to the circumstances; and that provision for the specific needs of people with disabilities and in particular women and girls is made in future crisis and emergency planning measures;
2020/09/16
Committee: FEMM
Amendment 366 #

2020/2121(INI)

Motion for a resolution
Paragraph 32
32. Highlights the additional needs of minority groups, such as Roma women, who face challenges in maintaining hygiene andhomeless people, refugees, migrants who face challenges in adhering to confinement measures and hygiene measures due to a lack of access to basic infrastructure, services and information;
2020/09/16
Committee: FEMM
Amendment 381 #

2020/2121(INI)

Motion for a resolution
Paragraph 35
35. Emphasises that the global nature of the COVID-19 pandemic requires a global response; highlights the vulnerable position of women and girls in many parts of the world and conflict areas in relation to COVID-19, such as access to healthcare, including SRHR, vulnerability to gender based violence, including FGM and child and forced marriage, employment status, access to education and extreme poverty and hunger; notes that in many partner countries women are the breadwinners for their family and that feminised sector such as the garment industry and food production have been hardest hit, with knock-on impacts for their families’ and communities’ poverty levels and the economic independence and health and safety of women and girls; underlines the importance of supporting women’s rights defenders and women’s rights organisations;
2020/09/16
Committee: FEMM
Amendment 392 #

2020/2121(INI)

Motion for a resolution
Paragraph 36
36. Welcomes the Team Europe package put forward by the Commission to support partner countries in the fight against the coronavirus pandemic and its consequences and stresses the need for a gender-sensitive approach and earmarked gender equality spending in the allocation of these funds;
2020/09/16
Committee: FEMM
Amendment 396 #

2020/2121(INI)

Motion for a resolution
Paragraph 36 a (new)
36 a. Stresses the need for gender and trade chapters and gender provisions in trade agreements. Calls on the European Commission to use free trade agreements to work towards the equal pay and reward of women in the world;
2020/09/16
Committee: FEMM
Amendment 407 #

2020/2121(INI)

Motion for a resolution
Paragraph 37
37. Calls on the Commission and the Member States to fully assess the gender specific impacts and needs arising from the crisis and its socio- economic consequences, and to allocate adequate and dedicated and exclusive budgetary resources to tackling these needs, as well as to the monitoring of this spending and gender mainstreaming across all budgetary, policy and legislative proposals, following its commitments in the Gender Equality Strategy; emphasises that preparatory action is the best way to build resilience in all areas for future crises;
2020/09/16
Committee: FEMM
Amendment 14 #

2020/2086(INI)

2a. Points out that inclusive education is a necessary prerequisite for fostering participation in society and access to the labour market for people with disabilities;
2020/10/27
Committee: LIBE
Amendment 16 #

2020/2086(INI)

Draft opinion
Paragraph 3
3. Takes the view that the promotion of equality in the field of employment and occupation can be effective only if discrimination is comprehensively combated in all areas of life; calls for measures to combat preconceived notions regarding the skills and abilities of people with disabilities, ensuring that they have equal access to jobs and do not suffer discrimination based on such prejudices;
2020/10/27
Committee: LIBE
Amendment 32 #

2020/2086(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls for the elimination of physical, digital, logistical and social barriers at the workplace, ensuring that the principle of accessibility is correctly applied;
2020/10/27
Committee: LIBE
Amendment 51 #

2020/2086(INI)

Draft opinion
Paragraph 8 a (new)
8a. Considers that the COVID-19 crisis has demonstrated the growing importance of teleworking in the future, facilitating large-scale access to employment for many people with disabilities; calls for people with disabilities to be given special consideration regarding teleworking rules and policies;
2020/10/27
Committee: LIBE
Amendment 68 #

2020/2086(INI)

Draft opinion
Paragraph 9 a (new)
9a. Stresses the need to step up research and innovation in the field of accessible technology, in order to make more effective progress in integrating people with disabilities into the labour market;
2020/10/27
Committee: LIBE
Amendment 5 #

2020/2079(INI)

Motion for a resolution
Citation 2
- having regard to Articles 4, 9, 145, 148, 149, 151, 152, 153, 154, 155, 156, 158, 165, 166, 174 and 349 of the Treaty on the Functioning of the European Union (TFEU),
2020/07/23
Committee: EMPL
Amendment 30 #

2020/2079(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas the free movement of workers is a fundamental principle of the European Union and essential to the proper functioning of the Internal Market;
2020/07/23
Committee: EMPL
Amendment 149 #

2020/2079(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Regrets that only 3,9 % of EU citizens in the working age reside in an EU country other than that of their citizenship in 2018; calls for increased efforts from the Commission and Member States to reduce mobility barriers for workers and businesses;
2020/07/23
Committee: EMPL
Amendment 172 #

2020/2079(INI)

Motion for a resolution
Paragraph 4
4. Points out that, despite the importance of sound and responsible fiscal policies, budgetary stability should not be detrimental to public investment, especially in education, social and healthcare systemsbe promoted while encouraging public investment;
2020/07/23
Committee: EMPL
Amendment 195 #

2020/2079(INI)

Motion for a resolution
Paragraph 6
6. Stresses the importance of the implementation ofrespecting Member State competence as enshrined in the Treaty, especially with regard to the European Pillar of Social Rights (EPSR); stresses that in order to fuel the recovery, the EU’s investment effort through the Recovery Plan must have a strong social dimensionshould stimulate economic growth on the single market;
2020/07/23
Committee: EMPL
Amendment 265 #

2020/2079(INI)

Motion for a resolution
Paragraph 12
12. WelcomesTakes note of the Commission´s second phase consultation of the social partners on an EUn a European framework for minimum wages; calls on the Commission to present a European framework for minimum wages to eliminate in-work poverpect the principle of subsidiarity byas ensuhring decent living wages above the poverty threshold for all workers through collective agreements or through national law; calls for EU-level safeguards for decent old-age pensions for all workered in the treaties when proposing labour market and social policies;
2020/07/23
Committee: EMPL
Amendment 321 #

2020/2079(INI)

Motion for a resolution
Paragraph 16
16. Is concerned about the limited intergenerational social mobility and increasing income inequality; stresses that national tax and benefit systems must be designed in a way that reduces inequalities, promotes fairness and provides incentives for labour market participationsocial mobility that hinder labour mobility and the realisation of a well-functioning single market; Stresses the need to improve opportunities for mobility responding to labour market shortages in Member States;
2020/07/23
Committee: EMPL
Amendment 365 #

2020/2079(INI)

Motion for a resolution
Paragraph 20
20. Calls on the Commission to put forward a comprehensive and long-term post-2020 EU Disability Strategy which addresses accessibility to goods and services as well as to leisure activities, such as sports;
2020/07/23
Committee: EMPL
Amendment 62 #

2020/2076(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Highlights that digitalization, artificial intelligence, big data analytics, cyber security, innovation and development of measures for sustainable industries are essential for creating better social cohesion, achieving the European green deal objectives and ensuring EU’s competitiveness.
2020/06/17
Committee: EMPL
Amendment 102 #

2020/2076(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Underlines that the EU industrial strategy should be developed together with skilling, reskilling and upskilling policies aimed at the development of the right skills for the shift to sustainable ways of production and service delivery, in line with the EU commitments to achieve climate-neutral economy by 2050.
2020/06/17
Committee: EMPL
Amendment 126 #

2020/2076(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Acknowledges that skills shortages are among the biggest challenges faced by businesses today, which impedes production and growth; believes that businesses are key actors in fostering the development of skills and competences; calls on the EU and the Member States to encourage and support better cooperation between educational institutions and firms to provide the new skills for new occupations and sectors that will emerge from transitioning to sustainable, digital and green economy.
2020/06/17
Committee: EMPL
Amendment 133 #

2020/2076(INI)

Draft opinion
Paragraph 4 b (new)
4 b. Stresses that high-skilled and specialised workers are major resource for innovation and competitiveness; calls on the Commission and the Member States to enhance the mobility within the internal market, removing all remaining obstacles, ensuring the portability and full recognition of skills and professional qualifications and effective protection of the social security right of mobile people within the EU;
2020/06/17
Committee: EMPL
Amendment 137 #

2020/2076(INI)

Draft opinion
Paragraph 4 c (new)
4 c. Considers that urgent actions are needed in order satisfy the current and future demand for qualified workers; calls on the EU and the Member States to improve and further develop the policies for attracting researchers, high performing students and highly-skilled workers from third countries.
2020/06/17
Committee: EMPL
Amendment 140 #

2020/2076(INI)

Draft opinion
Paragraph 4 d (new)
4 d. Believes that the New Industrial Strategy should take into account SME’s diversity in terms of size, age or sector; furthermore, acknowledges that the green and digital transformations may pose a challenge for some SMEs; calls on the Commission and the Members States to provide more support for the upfront investments required by circular and greener business models and to remove any existing administrative burdens that SMEs face.
2020/06/17
Committee: EMPL
Amendment 142 #

2020/2076(INI)

Draft opinion
Paragraph 4 e (new)
4 e. Highlights that EU citizens and businesses across the EU should have equal opportunities to profit from the industrial transformations; calls on the EU and the Member States to ensure that the transition towards more digital, innovative and sustainable industries boost economic growth and prosperity and does not lead to exclusion or social and geographic polarisation.
2020/06/17
Committee: EMPL
Amendment 228 #

2020/2071(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Recalls the shortages of female hormonal drugs used for contraception and hormone replacement therapy (HRT); notes with concern the threats they pose to women and girls' sexual and reproductive health and rights; stresses the importance to enhance control and management of the manufacturing, stockpiling and marketing of those medicines to ensure continuity in supply chains, fair pricing and availability for women;
2020/06/08
Committee: ENVI
Amendment 13 #

2020/2048(INI)

Motion for a resolution
Recital B
B. whereas international agreements allowing Europol and third countries to cooperate and exchange personal data should respect Articles 2, 6, 7 and 8 of the Charter, and Article 16 TFEU, and be necessary for and proportionate to the fulfilment of Europol’s tasks; respecting the principle of purpose limitation, the right of access, the right to rectification and the control by an independent authority specifically stipulated by the Charter;
2020/05/28
Committee: LIBE
Amendment 19 #

2020/2048(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas on 13th May 2020 the Council adopted the Council decision authorising the opening of negotiations with New Zealand for an agreement between the European Union and New Zealand on the exchange of personal data between the Europol and the New Zealand authorities competent for fighting serious crime and terrorism through a written procedure with all delegations voting in favour;
2020/05/28
Committee: LIBE
Amendment 53 #

2020/2048(INI)

Motion for a resolution
Paragraph 3
3. Believes that, since Europol recogniszes that thee overall terrorist threat level from returning foreign freedom fighters, radicalised European Muslims and their families ito the security of the EU as high, it is essential for information exchange by all relevant law enforcement agencies, within the EU and globally, to be prioritised in order to fight serious crime and terrorism; therefore urgesrecalls that the Member States to work faster to secure their bordershave a key role to play in securing external borders of the EU in full compliance with Schengen code;
2020/05/28
Committee: LIBE
Amendment 56 #

2020/2048(INI)

Motion for a resolution
Paragraph 4
4. Requests that the agreement contain the necessary safeguards and controls with respect to the protection of personal data as enshrined in the Article 16 TFEU;
2020/05/28
Committee: LIBE
Amendment 71 #

2020/2048(INI)

Motion for a resolution
Paragraph 8
8. Considers that the independent supervisory body should also have the power to decide to suspend or terminate the agreement in the event of a breach; considers that under the agreement, authorities should be allowed to continue to process any personal data falling within the scope of the agreement transferred prior to its suspension or termination; considerbelieves that a procedure for monitoring and periodically evaluating the agreement should be established in order to evaluate the partners’ compliance with the agreementmonitoring mechanism should be included in the agreement and that the agreement should be subject to periodic assessments to evaluate its functioning in relation to the operational needs of Europol as well as its compliance with European data protection rights and principles;
2020/05/28
Committee: LIBE
Amendment 79 #

2020/2048(INI)

9. Considers that onward transfers of Europol information from competent New Zealand authorities to other authorities in New Zealand, including for use in judicial proceedings, should only be allowed for the original purposes of the transfer by Europol and should be made subject to appropriate conditions and safeguards, including prior authorisation by Europol; points out that the same conditions should apply to onward transfers of Europol information from competent New Zealand authorities to third country authorities, with the additional requirement that data only be transferred to third countries to which Europol is entitled to transfer personal data on the basis of Article 25 (1) of Regulation (EU) 2016/794 should not be allowed;
2020/05/28
Committee: LIBE
Amendment 89 #

2020/2048(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Stresses that the consent of the European Parliament to the conclusion of the agreement will be conditional upon satisfactory involvement of the European Parliament at all stages of the procedure in accordance with Article 218 TFEU;
2020/05/28
Committee: LIBE
Amendment 29 #

2020/2045(INI)

Draft opinion
Paragraph 1
1. Deplores the fact that both the EUTF and the FRT are ad hoc instruments thatNotes that EU trust funds, but also coordination mechanisms such as the FRT, are ad hoc instruments set up mostly in emergency contexts and that allow for the pooling of different resources, faster decision-making and flexible responses to emergencies; recognises their added value in responding swiftly to emergencies as well as increasing the visibility of EU external action; regrets the fact, however, that EU trust funds were set up outside the EU budget, raising concerns over their lack of transparency and democratic accountability but also their threat to the EU budget's unity; points out that their governance structures deviate from ordinary decision-making and bypass parliament scrutiny; for these reasons, calls for the use of EU trust funds and other ad hoc instrument for migration management, development assistance and humanitarian aid to remain punctual, temporary and an exception to the rule; calls on the Commission to formalise the observer status of the European Parliament in board meetings of the Trust Funds;
2021/03/25
Committee: LIBE
Amendment 42 #

2020/2045(INI)

Draft opinion
Paragraph 2
2. Is concerned about the governance of the EUTF: the composition of its board and regional operational committees, the opacity of the process for approving projects, the lack of dialogue with local and human rights CSOs, and the lack of ex ante and ongoing impact assessments on fundamental rights; in light of the EUTF set to expire at the end of 2021, calls for the EUTF to be streamlined into the new MFF in order to ensure continuity of committed funds, increase parliamentary scrutiny and democratic accountability;
2021/03/25
Committee: LIBE
Amendment 51 #

2020/2045(INI)

Draft opinion
Paragraph 3
3. Highlights that the EUTF is part of a trend of the securitisation and externalisation of EU border management aimed at reducing irregular migration to the EU; stresses the risks to development objectives and fundamental rights associated with this approach.acknowledges that coordinating migration management and development assistance policies can be of added value to ensure the coherence of EU external actions; stresses however, that reducing mobility to deter migration mostly runs counter to development objectives by increasing poverty and threatening to put fundamental rights at risk;
2021/03/25
Committee: LIBE
Amendment 64 #

2020/2045(INI)

Draft opinion
Paragraph 3 a (new)
3 a. Calls on the EU to review the EU- Turkey Statement to put in place a fully- fledged institutionalised cooperation agreement between the EU and Turkey in order to improve its governance, parliamentary scrutiny and democratic accountability, to guarantee compliance with human rights standards, as well as to ensure that the humanitarian aid and support provided by the FRT is not threatened by political volatility;
2021/03/25
Committee: LIBE
Amendment 2 #

2020/2042(INI)

Draft opinion
Recital A
A. whereas the Paris Agreementclimate change erodes human freedoms and limits choice; whereas the Paris Agreement acknowledges gender equality and empowerment of women should be promoted by all parties and establishes that gender-responsive climate action must be integrated into all aspects of the implementation of the agreement;
2020/05/12
Committee: FEMM
Amendment 6 #

2020/2042(INI)

Draft opinion
Recital A a (new)
Aa. whereas the Beijing Platform for Action and the outcomes of its review conferences outline three strategic objectives to improve women's environmental decision-making, integrate the gender perspectives in policies and programmes for sustainable development and to strengthen or establish mechanisms at the national, regional and international levels to assess the impact of development and environmental policies on women;
2020/05/12
Committee: FEMM
Amendment 8 #

2020/2042(INI)

Ab. whereas climate change is a complex environmental and social issue, affecting a world that is characterised by, and based on, deep-rooted unequal gender relations; whereas in addition to the fact women generally hold less power and are, therefore, less able to mitigate and cope with the impacts of climate change, unequal gender dynamics impact the ways that households, communities, countries and the global community are affected by, and respond to, climate change;
2020/05/12
Committee: FEMM
Amendment 9 #

2020/2042(INI)

Draft opinion
Recital A c (new)
Ac. whereas the current Covid-19 crisis shows the close link between the destruction of our ecosystems, the exploitation of wildlife and the outbreaks of epidemics; whereas women’s role in the protection of biodiversity and the sustainable management of natural resources should be better recognized and further encouraged;
2020/05/12
Committee: FEMM
Amendment 13 #

2020/2042(INI)

Draft opinion
Recital B
B. whereas climate change has a greater destructive impact on the countries least responsible for global warming; whereas women are more affected by climate change, face higher risks and bear greater burdens for various reasons, ranging from unequal access to resources, education, job opportunities and land rights, to existing social and cultural norms and to their intersectional experiences of discriminationsuch as their role as primary caregivers and providers of water, food and fuel and their intersectional experiences of discrimination as regards e.g. age, ability, marital status, levels of poverty, ethnicity, sexuality, reducing their ability to protect themselves and their dependants against the impacts of climate change;
2020/05/12
Committee: FEMM
Amendment 14 #

2020/2042(INI)

Draft opinion
Recital A b (new)
Ab. whereas migration, in the context of environmental change, should not be considered a problem whose root causes must be fought, but as an adaptation strategy to adverse environmental changes to which solutions should be provided;
2020/09/08
Committee: LIBE
Amendment 36 #

2020/2042(INI)

Draft opinion
Paragraph 1 a (new)
1a. Stresses that the agricultural sector is one of the hardest hit by the consequences of climate change in partner countries; recalls that rural women are particularly vulnerable to the impacts of climate change on agricultural production and food security; calls on the EU and its Member states to strengthen cooperation with partner countries to include a strong gender dimension in all agricultural and rural development policies;
2020/05/12
Committee: FEMM
Amendment 38 #

2020/2042(INI)

Draft opinion
Paragraph 1 b (new)
1b. Recalls that women and girls are more likely to die during climate disasters and to be displaced, that this is due notably to a lack of access to information and their role as caretakers; stresses that women and girls are also particularly exposed to sexual violence, exploitation and school drop during these crises and in their aftermath; calls on the EU to reinforce this gender dimension into its humanitarian action and to ensure access to sexual and reproductive health services;
2020/05/12
Committee: FEMM
Amendment 47 #

2020/2042(INI)

Draft opinion
Paragraph 2 a (new)
2a. Stresses the need for the Neighbourhood, Development and International Cooperation Instrument (NDICI) to support gender-sensitive approaches in its processes and operations, including the need for dedicated climate projects and programs which specifically address gender concerns;
2020/05/12
Committee: FEMM
Amendment 48 #

2020/2042(INI)

Draft opinion
Paragraph 1 a (new)
1a. Calls for strengthening joint analysis and sharing of information to better map, understand, predict and address migration movements;
2020/09/08
Committee: LIBE
Amendment 50 #

2020/2042(INI)

Draft opinion
Paragraph 3
3. Stresses that women are powerful agents of change in particular for climate action and calls for EU development programmes to promote their meaningful participation at all levels, as their inclusion is crucial to climate resilienceof women and their organisations at all levels and at all stages of policy design, planning, financing, implementation, monitoring and evaluation, as their inclusion is crucial to climate mitigation and resilience, fair allocation of resources, to tackle the obstacles that affect them disproportionately and to ensuring long- term sustainable climate solutions; stresses in this regard, the need to support capacity building and adequate financing for these organisations;
2020/05/12
Committee: FEMM
Amendment 57 #

2020/2042(INI)

Draft opinion
Paragraph 3 a (new)
3a. Stresses that climate finance should be accessible to both men and women and designed to generate mutual benefits rather than exacerbate existing patterns of inequality;
2020/05/12
Committee: FEMM
Amendment 67 #

2020/2042(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to design a concrete action plan to deliver on the commitments of the renewed Gender Action Plan agreed at the 25th Conference of the Parties to the United Nations Framework Convention on Climate Change (COP25) and to appoint a permanent EU gender and climate change focal point, with sufficient budgetary resources, to implement and monitor gender-responsible climate action in the EU and globally.;
2020/05/12
Committee: FEMM
Amendment 70 #

2020/2042(INI)

Draft opinion
Paragraph 4 a (new)
4a. Calls on the Member States to create a formal Council configuration on gender equality to provide Ministers and Secretaries of State in charge of gender equality with a dedicated forum for discussion and to better facilitate gender mainstreaming across all EU policies, including environmental and development policies;
2020/05/12
Committee: FEMM
Amendment 94 #

2020/2042(INI)

Draft opinion
Paragraph 5 a (new)
5a. Calls on the Commission to invest in programs that accelerate fulfilment of the Sustainable Development Goals with the aim of eliminating the adverse drivers and structural factors that compel people to leave their country of origin, including through climate change mitigation and adaptation;
2020/09/08
Committee: LIBE
Amendment 95 #

2020/2042(INI)

Draft opinion
Paragraph 5 b (new)
5b. Asks to address climate change through sustainable trade, development aid and other policies as key elements in the prevention of migration caused by climate change, both directly or indirectly;
2020/09/08
Committee: LIBE
Amendment 96 #

2020/2042(INI)

Draft opinion
Paragraph 5 c (new)
5c. Calls on the Commission and Member States to increase development aid to countries affected by natural disasters and climate change;
2020/09/08
Committee: LIBE
Amendment 97 #

2020/2042(INI)

Draft opinion
Paragraph 5 d (new)
5d. Develop coherent solutions for the challenges of human migration in the context of natural disasters and calls for a multi-sectoral approach that addresses both root, causes and consequences of the nexus between environmental change, on the one hand, and migration and displacement, on the other;
2020/09/08
Committee: LIBE
Amendment 98 #

2020/2042(INI)

Draft opinion
Paragraph 5 e (new)
5e. Insists that funds should be channelled through international organizations on the ground to ensure that aid reaches the ones in need;
2020/09/08
Committee: LIBE
Amendment 99 #

2020/2042(INI)

Draft opinion
Paragraph 5 f (new)
5f. Calls on the Commission to develop trade, development and economic policies, which contribute to people’s ability to live in their country of origin in a sustainable way; insists that good access to education and sustainable development are the main tools to reduce poverty and enable populations to live and develop in a more humane and dignified manner in their own land;
2020/09/08
Committee: LIBE
Amendment 100 #

2020/2042(INI)

Draft opinion
Paragraph 5 g (new)
5g. Calls for a constructive migration dialogue with countries of origin and transit aligned with other areas of cooperation, to advance governance and partnership on migration and mobility, on effective return, readmission and reintegration policy and on fighting corruption, as well as smuggler and human trafficking networks; considers that shared responsibility and the respect for human rights must be the basis of mutual cooperation;
2020/09/08
Committee: LIBE
Amendment 119 #

2020/2042(INI)

Draft opinion
Paragraph 7 a (new)
7a. Calls for the development of adaptation and resilience strategies to natural disasters, the adverse effects of climate change, and environmental degradation, such as desertification, land degradation, drought and sea level rise, taking into account the potential implications on migration, while recognizing that adaptation in the country of origin is a priority;
2020/09/08
Committee: LIBE
Amendment 5 #

2020/2041(INI)

Draft opinion
Paragraph 1
1. Recalls the particularly close historical ties binding the European Union (EU) and Africa, and the EU’s major contribution both in terms of development aid1 and in the smooth functioning of the African Union (AU)2 ;and reaffirms that the partnership between Africa and the EU must be established between two equal entities that are loyal and credible partners. _________________ 1 EUR 19.6 billion, 46% of the overall total (2018)https://ec.europa.eu/commission/pre sscorner/detail/en/qanda_20_375 2USD 327 million, 42% of its budget, E- 003478/2018
2020/07/20
Committee: LIBE
Amendment 7 #

2020/2041(INI)

Draft opinion
Paragraph 1 a (new)
1a. Recalls the importance of designing the strategic partnership with Africa by strengthening the links established with the AU but also by developing regional cooperation and trilateral EU-AU-UN dialogue.
2020/07/20
Committee: LIBE
Amendment 10 #

2020/2041(INI)

Draft opinion
Paragraph 1 b (new)
1b. Recalls that poverty in the African continent remains a key motive for migration; considers that the EU can make better and more efficient use of its instruments such as the EU-Africa Trust Fund and could increase funding of the Erasmus+ Programme for youth education both within the EU and Africa
2020/07/20
Committee: LIBE
Amendment 12 #

2020/2041(INI)

Draft opinion
Paragraph 1 c (new)
1c. Invites to finalize important projects for the development of the African continent such as the fight against corruption, digitalization, sustainable development, the strengthening of the rule of law, the protection of minorities and the most vulnerable, notably children, gender equality, and equal opportunities for all.
2020/07/20
Committee: LIBE
Amendment 24 #

2020/2041(INI)

Draft opinion
Paragraph 3
3. Considers that the issue of migration must be prioritised in a context in which more than half of all asylum applications in the EU are rejected in a final court decision3 ; takes the view, therefore, that we must focus on making returns more effective by signing readmission agreementsat we must develop a strong cooperation in the field of migration, established on the principles of solidarity, shared responsibility and respect for human rights; underlines the importance of ensuring effectiveness and due process in the return policy and in the conclusion of readmission agreements, giving preference to voluntary return, and isensuring consular laissez-passers;that the rights and dignity of individuals are fully protected and respected. _________________ 3 Source: EUROSTAT
2020/07/20
Committee: LIBE
Amendment 40 #

2020/2041(INI)

Draft opinion
Paragraph 3 a (new)
3a. Recalls that up to 80% of all international migrants who originate from African countries are moving within the African continent, contributing to Africa’s development, prosperity and integration.
2020/07/20
Committee: LIBE
Amendment 44 #

2020/2041(INI)

Draft opinion
Paragraph 3 b (new)
3b. Stresses the importance to develop a genuine circular migration policy enabling skilled and unskilled workers to benefit from an exchange of professional knowledge and mobility between the EU and Africa, allowing people to return to their countries of origin and, thus, promoting “brain gain”;
2020/07/20
Committee: LIBE
Amendment 50 #

2020/2041(INI)

Draft opinion
Paragraph 3 c (new)
3c. Recalls that brain drain is a problem that needs to be addressed with the utmost attention in order to design a genuine and sustainable strategic partnership with Africa; supports prioritizing eligible applications for work permits from countries of origin and transit to the EU (for instance, through embassies or online) in order to discourage migrants from migrating irregularly and ease the burden on the asylum system.
2020/07/20
Committee: LIBE
Amendment 59 #

2020/2041(INI)

Draft opinion
Paragraph 4
4. Supports the digitisation and modernisation of public administration in African countries, in particular with a view to developing reliable civil registration agencies and promoting data exchange so as to combat terrorism and all sorts of organised crime, notably human trafficking and smuggling;
2020/07/20
Committee: LIBE
Amendment 82 #

2020/2041(INI)

Draft opinion
Paragraph 6
6. Calls for the security and interests of the European continent and its citizens to be taken into accountinterests and legitimate expectations of both Africans and Europeans to be taken into account, including through the direct participation of civil society organisation in the EU- Africa Strategy process.
2020/07/20
Committee: LIBE
Amendment 51 #

2020/2029(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas THB is intrinsically linked to sexual exploitation and is a highly gendered phenomenon; whereas THB to and within the EU continues to increase, with Europol warning how the impact of the COVID-19 pandemic could further escalate the number of victims;
2020/11/12
Committee: LIBEFEMM
Amendment 86 #

2020/2029(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Urges the Commission and the Member States to prioritise, on paper and in practice, the fight against THB; Calls on the Member States to allocate the necessary financial and human resources on a structural basis, to enable all involved sectors and actors, such as law enforcement, the judiciary, and social and health workers, to fully and efficiently fulfil their responsibilities;
2020/11/12
Committee: LIBEFEMM
Amendment 90 #

2020/2029(INI)

Motion for a resolution
Paragraph 1
1. Points out the need for a coordinated and coherent framework at EU level that guarantees the protection of victims of THB, including through coordinated implementation with the rights conferred by the Victims’ Rights Directive, the Residence Permit Directive, , the Directive 93/2011/EU on combating the sexual abuse and sexual exploitation of children and child pornography, and the Compensation Directive15 ; _________________ 15 Council Directive 2004/80/EC of 29 April 2004 relating to compensation to crime victims, OJ L 261, 6.8.2004, p. 15.
2020/11/12
Committee: LIBEFEMM
Amendment 102 #

2020/2029(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Calls on the Commission to ensure the continuity of the EU Anti-Trafficking Coordinator’s work by appointing a full- time EU Anti-Trafficking Coordinator with relevant expertise, working with national representatives from state and civil society to ensure consistent cooperation across the EU;
2020/11/12
Committee: LIBEFEMM
Amendment 111 #

2020/2029(INI)

Motion for a resolution
Paragraph 3
3. Stresses the importance of the funding of the Asylum, Migration and Integration Fund (AMIF), Daphne fund and Internal Security Fund (ISF) programmes to continue to be used for projects tackling THB, as well as using other available instruments;
2020/11/12
Committee: LIBEFEMM
Amendment 168 #

2020/2029(INI)

Motion for a resolution
Paragraph 8
8. Calls on all Member States to effectively guarantee the rights of victims and to support them with a gender- sensitive approach while ensuring complementarity with the Victims’ Rights Directive; notes that the Anti-Trafficking Directive prohibits the criminalisation of victims of THB; Calls on all Member States to ensure that legal assistance is provided to potential victims of THB at the earliest possible moment;
2020/11/12
Committee: LIBEFEMM
Amendment 176 #

2020/2029(INI)

Motion for a resolution
Paragraph 8
8. Calls on all Member States to effectively guarantee the rights of victims and to support them with a gender- sensitive approach while ensuring complementarity with the Victims’ Rights Directive; notunderscores that the Anti- Trafficking Directive prohibits the criminalisation of victims of THB;
2020/11/12
Committee: LIBEFEMM
Amendment 188 #

2020/2029(INI)

Motion for a resolution
Paragraph 9
9. Highlights that while the full impact of the COVID-19 pandemic is not yet measureable, it is nevertheless clear that the crisis disproportionately affects the most vulnerable victims of THB, especially women and children; Stresses that due to the increased use of the Internet, social media and online advertisements, a sharp increase in the number of victims of trafficking exploited online is expected; calls on the Member States for more effective and coherent actions targeting online exploitation, with the support of relevant EU agencies, such as Europol;
2020/11/12
Committee: LIBEFEMM
Amendment 207 #

2020/2029(INI)

Motion for a resolution
Paragraph 10
10. Points out the need for a coherent and coordinated National Referral Mechanism (NRM); underlines that good cooperation between the police and non- governmental organisations (NGOs) cannot be a substitute for a fully fledged NRM defining the roles and responsibilities of all relevant actors16 ; encourages Member States to set up national centres specialised in the support and reception of victims of THB and to facilitate direct and efficient cross-border cooperation between those centres as well as between law enforcement agencies; _________________ 16 The recommendations by the Council of Europe’s Group of Experts on Action against Trafficking in Human beings (GRETA) include ensuring the application of the NRM to asylum seekers and persons in immigration detention.
2020/11/12
Committee: LIBEFEMM
Amendment 251 #

2020/2029(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Highlights that demand drives trafficking and thus should be a key target for prevention and prosecution efforts;
2020/11/12
Committee: LIBEFEMM
Amendment 271 #

2020/2029(INI)

Motion for a resolution
Paragraph 16
16. Urges the Member States to focus on the recurring and emerging patterns of THB for sexual exploitation, such as the increasing exploitation of children and the use of the ‘lover boy’ method as the most frequent means of recruiting victims by using online technologies; notes that the increased use of online technologies by criminal networks engaged in THB has significantly transformed their traditional modus operandi;
2020/11/12
Committee: LIBEFEMM
Amendment 292 #

2020/2029(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Urges the Member States to adopt comprehensive sexuality education as a key form of prevention of all forms of violence against women and girls including trafficking and sexual exploitation; calls for it to include consent and relationships education promoting healthy attitudes of respect and equality in all interactions and the realities of demand-driven THB for sexual exploitation;
2020/11/12
Committee: LIBEFEMM
Amendment 344 #

2020/2029(INI)

Motion for a resolution
Paragraph 23
23. Calls on the Member States to step up their efforts to early identify potential victims, in particular within migration flows and hotspots; highlights that potential victims identified should be provided with protection and access to safe places where information could be provided; calls on the Member States to provide adequate resources for specialised facilities for unaccompanied minors and female victims of trafficking and ensure sufficient places in shelters;
2020/11/12
Committee: LIBEFEMM
Amendment 380 #

2020/2029(INI)

Motion for a resolution
Paragraph 26
26. Calls on the Member States to focus on identifying child victims and helping them to avail themselves of their rights; emphasises the need for well- trained and well-supported guardians, including temporary guardians as an emergency measure, to be appointed immediately for child victims; advises the Member States to increase the number of guardians by organising awareness campaigns;
2020/11/12
Committee: LIBEFEMM
Amendment 384 #

2020/2029(INI)

Motion for a resolution
Paragraph 26 a (new)
26a. Calls on Members States to ensure that consulate staff pays particular attention to the correct verification of the identity of minors and the link with the person(s) exercising parental authority or legal guardianship when taking the minor's biometric data in the visa application procedure; calls on the Commission, in close cooperation with Europol, to provide targeted and effective education and training for Member States' authorities to prevent child trafficking;
2020/11/12
Committee: LIBEFEMM
Amendment 388 #

2020/2029(INI)

Motion for a resolution
Paragraph 27
27. Calls on the Member States to fully implement Directive 2011/93/EU on combating the sexual abuse and sexual exploitation of children and child pornography26 , and to reinforce police and judicial cooperation to prevent and combat sexual exploitation; urges the Member States to cooperate with EU agencies, in particular with Europol and its dedicated entities, to step up information exchange and to support cross border investigations; _________________ 26 OJ L 335, 17.12.2011, p. 1.
2020/11/12
Committee: LIBEFEMM
Amendment 390 #

2020/2029(INI)

Motion for a resolution
Paragraph 27 a (new)
27a. Points out that child victims need specific support, taking into account their best interests and specific vulnerabilities; encourages the Member States to ensure that professionals in contact with child victims, such as law enforcement, border guards, civil servants, the judiciary, and social and health workers (including youth care facilities), are sufficiently trained in identifying, supporting and referring of child victims of THB;
2020/11/12
Committee: LIBEFEMM
Amendment 394 #

2020/2029(INI)

Motion for a resolution
Paragraph 27 b (new)
27b. Deplores that specialised teams within law enforcement, trained in the audio-visual recording of child testimonies, are not consistently involved in the questioning of all child victims of THB; urges the Member States to make this standard practice and to train law enforcement staff in this type of (child friendly) questioning;
2020/11/12
Committee: LIBEFEMM
Amendment 395 #

2020/2029(INI)

Motion for a resolution
Paragraph 27 c (new)
27c. Advises the Member States to develop a strong ‘chain approach’, with close links between specific THB support (such as the specialised centres for the support and reception of THB Victims) and mainstream youth care modules, while answering to the specific needs of every minor THB victim; stresses that care and support should be continuous and tailored to the specific needs of the child victims, offering all-round (medical, legal and psychological) care and support in an adequate setting;
2020/11/12
Committee: LIBEFEMM
Amendment 396 #

2020/2029(INI)

Motion for a resolution
Paragraph 28
28. Notes that children in migration, and, in particular, unaccompanied migrant children, continue to be at higher risk of trafficking and exploitation along migration routes en route to and within the EU; urges the Member States to protect unaccompanied migrant children against those risks by assuring them the same rights as all other children and taking their best interests into account, to assign them a guardian upon arrival, and to provide them with proper and adapted living conditions; stresses that a coordinated European approach is necessary to find and protect unaccompanied migrant children when they go missing, including data exchange (e.g. through an integrated database which can only be accessed and used in the best interests of the child);
2020/11/12
Committee: LIBEFEMM
Amendment 401 #

2020/2029(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Points out that other vulnerable children, such as children in youth care facilities, runaways or children with disabilities, can become victim of THB; Calls on the Member States to reinforce the protection of those minors by informing and empowering them and by raising awareness in schools, youth centres and youth movements;
2020/11/12
Committee: LIBEFEMM
Amendment 406 #

2020/2029(INI)

Motion for a resolution
Paragraph 28 a (new)
28a. Notes with high concern the prevalence of child pornography and normalisation of trafficking and sexual exploitation due to hypersexualisation in pornography, and calls on the Commission and Member States to ensure prevention of unlawful materials becoming available and normalised;
2020/11/12
Committee: LIBEFEMM
Amendment 408 #

2020/2029(INI)

Motion for a resolution
Paragraph 28 b (new)
28b. Notes that most children either have a smartphone or have access to a smartphone from the ages of 9 or 10; Underlines that grooming and sextortion are well-known techniques to sexually exploit children and that those reports are on a rise; Encourages the Commission and the Member States to take further action in fighting these online crimes and to reinforce preventive measures towards minors on the one hand and (potential) offenders on the other;
2020/11/12
Committee: LIBEFEMM
Amendment 430 #

2020/2029(INI)

Motion for a resolution
Paragraph 31
31. Regrets that conditions for a victim to receive the official status of THB victim are often too rigid to fulfil, especially for minors and other vulnerable victims who are financially and emotionally dependent on their traffickers; Calls on the Member States to adopt clear provisions on the non- prosecution or non-punishment of THB victims and on decoupling protection from cooperation with law enforcement agencies, currently putting the complete burden on the victim; requests the Member States to rather fulfil their needs on a more psycho-emotional level;
2020/11/12
Committee: LIBEFEMM
Amendment 435 #

2020/2029(INI)

Motion for a resolution
Paragraph 31 a (new)
31a. Deplores that data on the identity of THB victims appear in police reports and throughout proceedings, making it hard for victims to speak out or to protect them from retaliation; encourages Member States to keep names and other identity data in separate files, accessible for the police and the prosecution but not to be disclosed to the suspects of THB or their lawyers;
2020/11/12
Committee: LIBEFEMM
Amendment 444 #

2020/2029(INI)

Motion for a resolution
Paragraph 32 a (new)
32a. Underlines the crucial importance for the EU law enforcement community to develop efficient and extended analytical capabilities in response to the ever- increasing online-facilitated THB criminal patterns; calls on the Commission to provide financial support to EU agencies such as Europol, to secure the highest analytical standards and adequate tools to process increasingly complex amounts of information;
2020/11/12
Committee: LIBEFEMM
Amendment 466 #

2020/2029(INI)

Motion for a resolution
Subheading 7 a (new)
Highlights the continuing lack of effective implementation of the Anti-Trafficking Directive by Member States; Calls on the Commission to initiate infringement proceedings where implementation has been inadequate;
2020/11/12
Committee: LIBEFEMM
Amendment 1 #

2020/2020(INI)

Draft opinion
Recital -A (new)
-A. whereas the principle of equal treatment is enshrined in Article 45(2) of the TFEU, forbidding any discrimination based on nationality between workers of the Member States as regards employment, remuneration and other conditions of work and employment;
2020/06/25
Committee: EMPL
Amendment 2 #

2020/2020(INI)

Draft opinion
Recital -A a (new)
-Aa. whereas the free movement of workers is a fundamental principle of the European Union and essential to the proper functioning of the Internal Market;
2020/06/25
Committee: EMPL
Amendment 20 #

2020/2020(INI)

Draft opinion
Recital B
B. wWhereas the free movement of services must under no circumstances undermineand workers’ rights, as well as social protection orbased on the principle of subsidiarity, support each other, and whereas digital technology can facilitate the supervision and enforcement of the rules safeguarding the rights of mobile workers;
2020/06/25
Committee: EMPL
Amendment 32 #

2020/2020(INI)

Draft opinion
Recital B a (new)
Ba. Whereas free movement of services stimulates economic growth by enabling people to travel, study, shop and work across borders and by allowing companies to recruit from a larger talent pool;
2020/06/25
Committee: EMPL
Amendment 44 #

2020/2020(INI)

Draft opinion
Recital C
C. wWhereas the social implications of the free movement of services mean the EU needs, a robust cohesion policy and a fair and geographically balanced industrial policyforward looking EU industrial policy contribute to job creation and upward social convergence;
2020/06/25
Committee: EMPL
Amendment 61 #

2020/2020(INI)

Draft opinion
Paragraph -1 (new)
-1. Regrets that only 3,9 % of EU citizens in the working age reside in an EU country other than that of their citizenship in 2018; calls for increased efforts from the Commission and Member States to reduce mobility barriers for workers and businesses;
2020/06/25
Committee: EMPL
Amendment 62 #

2020/2020(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Calls on the social partners along with other stakeholders to play their part in calling on governments to revitalise the European services sector;
2020/06/25
Committee: EMPL
Amendment 63 #

2020/2020(INI)

Draft opinion
Paragraph -1 b (new)
-1b. Calls for a more efficient coordination at EU level and enhanced commitment on addressing key social challenges in the areas, in particular portability of social entitlements of mobile workers while upholding the diversity of national systems and respecting Member States competences as enshrined in the Treaties as well as the principle of proportionality and subsidiarity;
2020/06/25
Committee: EMPL
Amendment 66 #

2020/2020(INI)

Draft opinion
Paragraph 1
1. Opposes the introducNotes that the country of destination ofis the country-of-origin principle, and considers that the free movement of services must be achieved without undermining workers’ rights and social rightsprinciple guiding the services directive and considers that this provision should not be changed; considers that the free movement of services and labour mobility will benefit when the rules on working conditions and health and safety of mobile workers’ are upheld;
2020/06/25
Committee: EMPL
Amendment 98 #

2020/2020(INI)

Draft opinion
Paragraph 2
2. Calls on the Commission, Member States and local authorities to work together with the social partners to devise strategies to guarantee and, facilitate the voluntary – rather than enforced –and promote mobility of workers, by implementing the right public policies and providing high- quality job opportunities which match workers skills;
2020/06/25
Committee: EMPL
Amendment 106 #

2020/2020(INI)

Draft opinion
Paragraph 2 a (new)
2a. Besides the guidelines published on 30 March concerning the exercise of the free movement of frontier, posted and seasonal workers in critical occupations, welcomes the European Commission’s announcement that it is preparing guidelines on seasonal workers1a to ensure their health and safety at work; considers that these could be useful tools to support free movement of workers while contributing to safe working conditions; __________________ 1aCommissioner Nicolas Schmit’s speech on Thursday 18 June during the debate on the European protection of cross- border and seasonal workers in the context of the COVID-19 crisis
2020/06/25
Committee: EMPL
Amendment 112 #

2020/2020(INI)

Draft opinion
Paragraph 2 a (new)
2a. In light of the COVID-outbreak Member States should rapidly establish specific burden free and fast procedures to ensure swift passage for frontier workers and seasonal workers, while ensured safe working conditions.;
2020/06/25
Committee: EMPL
Amendment 117 #

2020/2020(INI)

Draft opinion
Paragraph 2 b (new)
2b. Calls for the full implementation of Services and the Professional Qualifications Directive built on mutual recognition to facilitate the free movement of services and workers, while reducing the amount of regulated occupational standards;
2020/06/25
Committee: EMPL
Amendment 121 #

2020/2020(INI)

Draft opinion
Paragraph 2 c (new)
2c. Notes that at least 80 million workers in Europe are mismatched in terms of qualifications and more than 5 out of 10 jobs that are hard-to-fill are found in high-skilled occupations; stresses the need to create additional ways to attract talent and well-needed skills; calls for the current Blue Card proposal to be unblocked;
2020/06/25
Committee: EMPL
Amendment 123 #

2020/2020(INI)

Draft opinion
Paragraph 2 d (new)
2d. Stresses the importance of supporting and updating workers’ skills, in particular digital skills, through existing mechanisms for recognition and compatibility of skills and qualifications, such as EURES, Europass online platform and ESCO.
2020/06/25
Committee: EMPL
Amendment 1 #

2020/2017(INI)

Draft opinion
Recital A
A. whereas gender equality is a core principle of the European Union enshrined in the Treaties, and should be reflected in all EU policies, not least in education, culture and the audiovisual; and the development of disruptive technologies such as Artificial Intelligence;
2020/06/05
Committee: FEMM
Amendment 7 #

2020/2017(INI)

Draft opinion
Recital A a (new)
Aa. whereas gender equality is a core principle of the European Union enshrined in the Treaties, and should be reflected in all EU policies, not least in education, culture and the audiovisual, as well as in the development of disruptive technologies such as Artificial Intelligence; whereas significant gender bias remains in existing social norms in sectors such as education, audiovisuals and culture;
2020/06/05
Committee: FEMM
Amendment 13 #

2020/2017(INI)

Draft opinion
Recital B
B. whereas gender inequalities and discrimination have been reproduced through the design, input, development and use of artificial intelligence (AI) systems; whereas incomplete datasets and incorrect bias can distort the reasoning of an AI system, and jeopardise the achievement of gender equality in society;
2020/06/05
Committee: FEMM
Amendment 17 #

2020/2017(INI)

Draft opinion
Recital C
C. whereas gender inequalities are also created and replicated through the language and images disseminated by the media and AI-powered applications; whereas education, culture programmes and audiovisual contents are a fundamental tool for combatting gender stereotypes and establishing strong role models;
2020/06/05
Committee: FEMM
Amendment 22 #

2020/2017(INI)

Draft opinion
Recital D
D. whereas women are significantly underrepresented in the AI sectors, either as creators, developers or consumers; whereas the full potential of women’s skills, knowledge and qualifications in the digital, AI and ICT (information, communication and technology) fields can contribute to boosting the European economy; whereas globally only 22 % of AI professionals are female; whereas the lack of women in AI development not only increases the risk of bias, but also deprives the EU of talent, vision and resources, and is therefore an obstacle to innovation; whereas gender diversity enhances female attitudes in teams, and team performance and favours the potential for innovation in public and private companies;
2020/06/05
Committee: FEMM
Amendment 27 #

2020/2017(INI)

Draft opinion
Recital D a (new)
Da. whereas the EU is facing an unparalleled shortage of women in Science, Technology, Engineering and Mathematics (STEM) careers and education given that women account for 52% of the European population, yet only account for 1 in 3 of the STEM graduates; whereas despite the positive trend in the involvement and interest of females in STEM education, the percentages remain insufficient, especially considering the importance of STEM related careers in an increasing digitalized world;
2020/06/05
Committee: FEMM
Amendment 33 #

2020/2017(INI)

Draft opinion
Paragraph 4 a (new)
4 a. Welcomes the Commission’s focus on advanced skills while reiterating the importance of the basic skills; welcomes the upcoming update of the Skills Agenda in terms of everyone benefiting from the EU digital transformation; calls on the Commission to clarify the definition of AI skills in relation to digital skills; underlines the importance to diversify the technology sector and encourage students, in particular girls, to enrol in STEM courses;
2020/05/27
Committee: LIBE
Amendment 34 #

2020/2017(INI)

Draft opinion
Paragraph 1
1. Considers that AI has great potential to promote gender equality provided that conscious and unconscious bias are eliminated; stresses the need for AI to respect the principles and values of equality and non-discrimination between women and men; stresses, further, the importance of a risk-based approach, transparency, accountability and of continuous monitoring of existing and new algorithms;
2020/06/05
Committee: FEMM
Amendment 40 #

2020/2017(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Calls on the European Commission to take into account the role data plays in concentrating market power in competition assessments, including antitrust and merger decisions.
2020/05/27
Committee: LIBE
Amendment 40 #

2020/2017(INI)

Draft opinion
Paragraph 2
2. Calls for policies targeted at increasing the participation of women in the fields related to science, technology, engineering and mathematics (STEM) and AI, and the adoption of a multi-level approach to address the gender gap in all levels of education and employment in the digital sector; recognises that gender stereotyping, cultural discouragement and the lack of awareness and promotion of female role models hinders and negatively affects girls' and women´s opportunities in ICT, STEM and AI related studies, careers and entrepreneurship, and leads to discrimination and fewer opportunities for women in the labour market;
2020/06/05
Committee: FEMM
Amendment 42 #

2020/2017(INI)

Draft opinion
Paragraph 6
6. Underlines the need for explicability of AI algorithms and the possibility of human verification and for due process, including the right of appeal, especially for decisions taken within the framework of prerogatives of public power; notes that the terms and conditions should always include the community guidelines as well as the procedure of appeal;
2020/05/27
Committee: LIBE
Amendment 48 #

2020/2017(INI)

Draft opinion
Paragraph 2 a (new)
2a. Emphasises the cross-sectoral nature of gender based discrimination, rooted in conscious or unconscious gender bias, covering the education sector, the portrayal of women in the media and advertising on-screen and off- screen, and the responsibility of the public and private sector in proactively recruiting, developing and retaining women talent and instilling an inclusive business culture;
2020/06/05
Committee: FEMM
Amendment 49 #

2020/2017(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and Member States to take into account AI from a gender perspective when developing policy and legislation, and, if necessary, adapt current legislation, including EU programmes; encourages Member States to enact a strategy to promote the presence of females in STEM, ICT and AI related studies and careers in relevant existing national strategies to achieve gender equality. These strategies should aim at increasing gender equality by focusing on education and qualifications, better work-life balance, equal opportunities, non- discrimination in the labour market, raising awareness of gender bias across all relevant sectors, and increasing the visibility of female role models, among others; urges the Commission to address the gender gap in STEM, ICT and AI related careers and education, and set it as a priority of the Digital Skills Package in order to promote the presence of women in all education levels, as well as in the upskilling and reskilling of the labour force;
2020/06/05
Committee: FEMM
Amendment 51 #

2020/2017(INI)

Draft opinion
Paragraph 8
8. Notes that AI tools have the potential to fight illegal content online, but strongly recalls, ahead of the Digital Services Act expected for the end of this year, that such tools should always respect fundamental rights, especially freedom of expression, and should not lead to a general monitoring of the internet; stresses that algorithms should be used only as a flagging mechanism in content moderation, subject to human intervention, as AI is unable to reliably distinguish between legal, illegal and harmful content;
2020/05/27
Committee: LIBE
Amendment 59 #

2020/2017(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission and Member States to devise policy measures that fully incorporate the gender dimension, such as awareness-raising campaigns, training and curricula, which should provide information to citizens on how algorithms operate, and their impact on citizens’ daily lives; and to nurture gender-equal mindsets and working conditions that lead to the development of more inclusive technology products and work environments ;
2020/06/05
Committee: FEMM
Amendment 64 #

2020/2017(INI)

Draft opinion
Paragraph 5
5. Highlights the importance of the development and deployment of AI applications in the educational, cultural and audiovisual sectors in collecting more accurate and sex-disaggregated data, and applying modern machine learning de- biasing techniques, if needed, to correct stereotype gender bias, which may have negative impacts; highlights that one the most critical weaknesses of AI relates to the different types of biases it is subject to, such as gender, race or sexual orientation, as a result of already inherent human biases;
2020/06/05
Committee: FEMM
Amendment 77 #

2020/2017(INI)

Draft opinion
Paragraph 6 a (new)
6a. Recalls that algorithms and AI should be "ethical by design", with no built-in bias. Media organizations should be informed about the main parameters of algorithm-based AI systems that determine ranking and search results onto third-party platforms. Likewise, users should be informed about any use of AI for decision-making in services they use and should be empowered to set their privacy setting preferences via transparent and understandable measures, directly at the service provider level;
2020/06/05
Committee: FEMM
Amendment 19 #

2020/2016(INI)

Motion for a resolution
Recital A
A. whereas digital technologies in general and artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI is one of the strategic technologies of the 21st century, with the potential to generatinge substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy; whereas AI should not be seen as an end in itself, but as a tool for serving people, with the ultimate aim of increasing human well-being and the common good;
2020/07/20
Committee: LIBE
Amendment 35 #

2020/2016(INI)

Motion for a resolution
Recital C
C. whereas trustworthy AI systems need to be accountable, designed for all (including consideration of vulnerable, marginalised populations in their design), be non- discriminatory, safe and transparent, and respect human autonomy and fundamental rights;
2020/07/20
Committee: LIBE
Amendment 57 #

2020/2016(INI)

Motion for a resolution
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, automated number plate recognition, speaker identification, speech identification, lip-reading technologies, aural surveillance (i.e. gunshot detection algorithms), autonomous research and analysis of identified databases, forecasting (predictive policing and crime hotspot analytics), behaviour detection tools, autonomous tools to identify financial fraud and terrorist financing, social media monitoring (scraping and data harvesting for mining connections), international mobile subscriber identity (IMSI) catchers, and automated surveillance systems incorporating different detection capabilities (such as heartbeat detection and thermal cameras); whereas the aforementioned applications, alongside other potential or future applications of AI technology in law enforcement, can have vastly varying degrees of reliability and accuracy;
2020/07/20
Committee: LIBE
Amendment 90 #

2020/2016(INI)

Motion for a resolution
Paragraph 2
2. Reaffirms that all AI solutions for law enforcement and the judiciary also need to fully respect the principles of non- discrimination, freedom of movement, the presumption of innocence and right of defence, freedom of expression and information, freedom of assembly and of association, equality before the law, and the right to an effective remedy and a fair trial and the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union;
2020/07/20
Committee: LIBE
Amendment 100 #

2020/2016(INI)

Motion for a resolution
Paragraph 3
3. Considers, in this regard, that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, secure and fit for purpose, respect the principles of fairness, accountability, transparency and explainability, with their deployment subject to a strict necessity and proportionality test; highlights that trust among citizens in the use of AI developed and used in the EU is conditional upon the full fulfillment of these criteria;
2020/07/20
Committee: LIBE
Amendment 113 #

2020/2016(INI)

Motion for a resolution
Paragraph 4
4. Highlights the importance of preventing mass surveillance by means of AI technologies, and of banning applications that would result in it; calls on the Commission and Member States not to follow China and the United States as regards the development of mass surveillance technologies, but to demonstrate that applications of AI technologies in the EU can only be deployed if fully in respect of fundamental rights;
2020/07/20
Committee: LIBE
Amendment 118 #

2020/2016(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Stresses that technology can be repurposed and calls for strict democratic control and oversight for any AI-enabled technology in use by public authorities that can be repurposed for mass surveillance or mass profiling;
2020/07/20
Committee: LIBE
Amendment 123 #

2020/2016(INI)

Motion for a resolution
Paragraph 5
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can be inherent in underlying datasets, especially when historical data is being used, introduced by the developers of the algorithms, or generated when the systems are implemented in real world settings; cautions about similar potential biases in the algorithms of AI systems; stresses that it is imperative that AI use by the police and judicial authorities in criminal matters does not become a factor of inequality, social fracture, or exclusion;
2020/07/20
Committee: LIBE
Amendment 132 #

2020/2016(INI)

Motion for a resolution
Paragraph 6
6. Underlines the fact that many algorithmically driven identification technologies disproportionately misidentify non-white people, (minority) ethnic communities, LGBTI people, migrants, children, the elderly, as well as women;
2020/07/20
Committee: LIBE
Amendment 147 #

2020/2016(INI)

Motion for a resolution
Paragraph 9
9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and legal liability for the potential adverse consequences produced by these advanced digital technologies; underlines that legal responsibility and liability must always rest with a natural or legal person;
2020/07/20
Committee: LIBE
Amendment 152 #

2020/2016(INI)

Motion for a resolution
Paragraph 9 a (new)
9 a. Stresses that no AI system should be enabled to harm the physical integrity of human beings, nor to distribute rights or to impose legal obligations on individuals;
2020/07/20
Committee: LIBE
Amendment 159 #

2020/2016(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Highlights that adequate accountability, responsibility, and liability require significant specialised training with regards to the ethical provisions, potential dangers, limitations, and proper use of AI technology, especially for police and judiciary personnel; suggests that sufficient resources be allocated to a European Agency (such as CEPOL) to accommodate such training;
2020/07/20
Committee: LIBE
Amendment 165 #

2020/2016(INI)

Motion for a resolution
Paragraph 11 a (new)
11 a. Calls for proactive and full transparency on private companies developing and deploying AI systems for law enforcement purposes;
2020/07/20
Committee: LIBE
Amendment 169 #

2020/2016(INI)

Motion for a resolution
Paragraph 13
13. Calls for a compulsory fundamental rights impact assessment to be conducted prior to the implementation or deployment of any AI systems for law enforcement or judiciary, in order to assess any potential risks to fundamental rights; underlines that the expertise of data protection authorities and fundamental rights agencies is essential in assessing the systems; stresses that these impact assessments should be conducted as openly as possible and with the active engagement of affected individuals and groups, and that these assessments should be made publicly available before the deployment of these systems;
2020/07/20
Committee: LIBE
Amendment 177 #

2020/2016(INI)

Motion for a resolution
Paragraph 14
14. Calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary to test and evaluate algorithmic systems once they are in operation, in order to detect, investigate, diagnose and rectify any unwanted and adverse effects; underlines that the results of these audits should be made available in public registers, so that citizens know whether AI systems are being deployed and which measures are taken to remedy the violation of fundamental rights;
2020/07/20
Committee: LIBE
Amendment 180 #

2020/2016(INI)

Motion for a resolution
Paragraph 14 a (new)
14 a. Opposes the use of AI by law enforcement authorities to make behavioural predictions for individuals or groups on basis of past behaviour or group membership, such as predictive policing technologies, which attempt to identify people who are likely to commit a crime by analysing factors such as past arrests or group membership;
2020/07/20
Committee: LIBE
Amendment 186 #

2020/2016(INI)

Motion for a resolution
Paragraph 15
15. Calls for a moratorium on the deployment of facial recognition systems for law enforcement, until the technical standards can be considered fully fundamental rights compliant, results derived are non-discriminatory, and there is public trust ibiased and non- discriminatory, the legal framework provides strict safeguards against misuse and strict democratic control and oversight, and there is empirical evidence on the necessity and proportionality for the deployment of such technologies;
2020/07/20
Committee: LIBE
Amendment 195 #

2020/2016(INI)

Motion for a resolution
Paragraph 16 a (new)
16 a. Expresses its great concern on the use of private facial recognition databases by law enforcement actors and intelligence services, such as Clearview AI, a database of more than three billion pictures that have been collected from social media and other websites, including from EU citizens; calls on Member States to oblige law enforcement actors to disclose whether they are using Clearview AI technology; recalls the opinion of the European Data Protection Board that the use of a service such as Clearview AI by law enforcement authorities in the European Union would "likely not be consistent with the EU data protection regime"; calls on the Commission to ban the use of private facial recognition databases in law enforcement.
2020/07/20
Committee: LIBE
Amendment 200 #

2020/2016(INI)

Motion for a resolution
Paragraph 17 a (new)
17 a. Expresses its strong concern over research projects financed under Horizon 2020 that deploy artificial intelligence on external borders, such as the iBorderCtrl project, a "smart lie-detection system" profiling travellers on the basis of a computer-automated interview taken by the traveller’s webcam before the trip, and an artificial-intelligence-based analysis of 38 microgestures, tested in Hungary, Latvia and Greece; calls on the Commission to stop funding for biometric processing programmes that could result in mass surveillance;
2020/07/20
Committee: LIBE
Amendment 204 #

2020/2016(INI)

Motion for a resolution
Paragraph 17 c (new)
17 c. Takes note of the Commission's feasibility study on possible changes to the Prüm Decision, including facial recognition; agrees with several Member States that the tight timetable of this study might have an impact on the Prüm architecture and that the availability of biometric data complementary to the Prüm set has not been scientifically assessed prior to this feasibility study; takes note of earlier research that no potential new identifiers, e.g. iris or facial recognition, would be as reliable in a forensic context as DNA or fingerprints; reminds the Commission that any legislative proposal must be evidence based and respect the principle of proportionality; urges the Commission to extend the Prüm Decision framework only if there is solid scientific evidence of the reliability of facial recognition in a forensic context compared to DNA or fingerprints, after it has conducted a full impact assessment, and after the recommendations of the EDPS and EDPB have been taken into account;
2020/07/20
Committee: LIBE
Amendment 3 #

2020/2012(INL)

Draft opinion
Recital A
A. Wwhereas the application of Artificial Intelligence (AI), robotics and related technologies in everyday life and in the workplace is increasing;
2020/06/24
Committee: EMPL
Amendment 9 #

2020/2012(INL)

Draft opinion
Recital A b (new)
Ab. whereas AI, robotics and related technologies can make a huge contribution to achieving the common goal of improving the lives of citizens and fostering prosperity within the EU as well as managing the twin transitions towards a green and digital economy, if harnessed correctly;
2020/06/24
Committee: EMPL
Amendment 10 #

2020/2012(INL)

Draft opinion
Recital A c (new)
Ac. whereas according to CEDEFOP’s European Skills and Jobs survey about 43% of EU adult employees have experienced new technologies at work, such as the introduction of machines and ICT systems; whereas about seven in ten EU workers require at least moderate digital skills to do their job;
2020/06/24
Committee: EMPL
Amendment 11 #

2020/2012(INL)

Draft opinion
Recital A d (new)
Ad. whereas on average, about one quarter of EU citizens have no or low- level digital skills; whereas the digital divide also has specific gender, accessibility, age and geographic aspects, which must be addressed;
2020/06/24
Committee: EMPL
Amendment 16 #

2020/2012(INL)

Draft opinion
Recital B
B. Wwhereas AI offers economic and societal benefits and opportunities for both businesses and workers, while at the same time raising a number of challenges;
2020/06/24
Committee: EMPL
Amendment 24 #

2020/2012(INL)

Draft opinion
Recital C
C. Wwhereas AI solutions and robotics are expected to have a strongmarked impact on the labour market1 and increase the need for skills and specialized labour.2 __________________ 1 STOA, “The ethics of artificial intelligence: issues and initiatives” March 2020 2European Parliament “Encouraging STEM Studies for the labour market” March 2015
2020/06/24
Committee: EMPL
Amendment 59 #

2020/2012(INL)

Draft opinion
Paragraph 2
2. Points out that AI solutions have the potential to improve working conditions and the quality of life, yet they can also lead to disproportionate and illegal surveillance of workers, for all workers particularly as regards employment and social inclusion of, and accessibility for, workers with disabilities as well as improving work-life balance, while they can also in the context of the workplace raise concerns as regards privacy and occupational health and safety such as the right to disconnect and discriminatory treatment or recruitment processes due to biased algorithms, including gender and racially biased algorithms3 - and they can undermine ; stresses the need to ensure that people from diverse backgrounds, including women, young people and people withe dignity and autonomy of peoplesabilities are included in inclusive development, deployment and use of AI; __________________ 3European Parliament “Education and employment of women in science, technology and the digital economy, including AI and its influence on gender equality”, April 2020
2020/06/24
Committee: EMPL
Amendment 84 #

2020/2012(INL)

Draft opinion
Paragraph 3 a (new)
3a. Notes that the opportunities of AI solutions rely on Big Data, with a need for a critical mass of data to train algorithms and refine results; welcomes in this regard the Commission proposed creation of a common Data Space in the EU to strengthen data exchange and support research in full respect of data protection for workers and employers;
2020/06/24
Committee: EMPL
Amendment 88 #

2020/2012(INL)

Draft opinion
Paragraph 4
4. Stresses the need to ensure that productivity gains due to the development and use of AI and robotics do not only benefit company benefit society at large, including companies and workers by driving EU growth and competitiveness and the creation of quality employment; notes that sectors and occupations requiring medium-or lowners and shareholders, but also society at-level skills are more prone to automation; considers it essential that the Member States, with the support of the Commission and in co- operation with relevant actors such as businesses and academia, invest in high quality, responsive and inclusive education, vocational training and lifelong learge, especially where such gains coning systems and up- and re- skilling policies in order to equip students and workers with basic literacy, numeracy and digital skills as well as competences in sciences, technology, engineering and mathematics (STEM) and transversal soft skills such as entrepreneurship, creativity and critical thinking to avoid skills obsolescence and ensure employability in transformed at the expense of jobs; nd future-oriented sectors; calls for the Updated Skills Agenda for Europe and the reinforced MFF for 2021- 2027 to play a strong role in this regard;
2020/06/24
Committee: EMPL
Amendment 107 #

2020/2012(INL)

Draft opinion
Paragraph 5 a (new)
5a. Stresses the need to carefully preserve the direct relations between employers, professionals, users and client in sensitive sectors;
2020/06/24
Committee: EMPL
Amendment 7 #

2020/2011(INI)

Draft opinion
Recital A
A. whereas Roma are Europe’s largest ethnic minority of which approximately 6 million lives in the EU; whereas about 80 % of Roma live below their country’s at-risk-of-poverty threshold; 43 % of Roma are in some form of paid employment1 ; whereas 63 % of young Roma (aged 16-24) are not in education, employment or training (NEET)2 ; whereas the increasing share of Roma NEETs was an area where the situation had deteriorated in 2016 compared to 20113 ; _________________ 1European Commission, 2019 Report on National Roma Integration Strategies: Key Conclusions, p. 3. 2Report on the implementation of national Roma integration strategies – 2019, COM(2019)0406, p. 4. 3 Roma inclusion measures reported under the EU framework for NRIS, SWD(2019) 320 final, PART 1/2, p. 18.
2020/06/04
Committee: EMPL
Amendment 14 #

2020/2011(INI)

Motion for a resolution
Citation 10 a (new)
- having regard to the General Policy Recommendation No. 13 of the European Commission Against Racism and Intolerance (ECRI);
2020/06/12
Committee: LIBE
Amendment 20 #

2020/2011(INI)

Draft opinion
Recital B
B. whereas Roma communities are most vulnerable, they are often live in slum settlements excluded from society and in substandard conditions whereas one third of Roma households do not have tap water, just over half have an indoor flush toilet or shower, and 78 % of Roma live in overcrowded housing4 ; _________________ 4European Commission, 2019 Report on National Roma Integration Strategies: Key Conclusions, p. 6.
2020/06/04
Committee: EMPL
Amendment 27 #

2020/2011(INI)

Motion for a resolution
Recital -A (new)
-A. whereas most people with Romani background are deprived of their fundamental human rights in all areas of life;
2020/06/12
Committee: LIBE
Amendment 28 #

2020/2011(INI)

Draft opinion
Recital C a (new)
C a. whereas the living conditions of Roma, their level of schooling and their health status determine their social and labour-market situation and often serve as pretexts for their exclusion and for racism, and whereas all this hinders their chances to break the vicious circle of poverty and prevent the exercise of the most fundamental human and civil rights;
2020/06/04
Committee: EMPL
Amendment 33 #

2020/2011(INI)

Draft opinion
Recital C b (new)
C b. whereas poor transport infrastructure, a dearth of public administrative bodies and services, in particular of high-quality educational institutions and health provision aggravate regional disparities and ghettoisation;
2020/06/04
Committee: EMPL
Amendment 35 #

2020/2011(INI)

Draft opinion
Recital C c (new)
C c. whereas Roma are at increased risk of contracting COVID-19 and are at extreme risk of suffering negative consequences of the COVID-19 crisis regarding access to healthcare, education, social benefits, including unemployment benefits, or any other measures which are aiming at mitigating the impact of coronavirus;
2020/06/04
Committee: EMPL
Amendment 48 #

2020/2011(INI)

Draft opinion
Paragraph 1 a (new)
1 a. Calls on the Commission to set out binding objectives, measures and targets for the Member States, a clear timeline and clear and binding progress requirements, as well as success indicators and adequate funding for the implementation of the next EU Framework for National Roma Integration Strategy; calls on local authorities and governments to single out as a priority the implementation of the National Roma Integration Strategies (NRIS);
2020/06/04
Committee: EMPL
Amendment 51 #

2020/2011(INI)

Motion for a resolution
Recital B
B. whereas deeply rooted, persistent, and structural antyd often institutional and governmental anti-gypsyism continues to exist at all levels of European society and manifests itself on a daily basis;
2020/06/12
Committee: LIBE
Amendment 53 #

2020/2011(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas anti-gypsyism has resulted in unacceptable levels of inequality for people with Romani background in the field of housing, schooling, health status, and their social and labour-market situation, which often perpetuate their exclusion and racism against them, and whereas EU Member States do not show determination to break the vicious circle of anti-gypsyism, to safeguard equality and non- discrimination for their citizens with Romani background, and to grant the full enjoyment of their fundamental human rights;
2020/06/12
Committee: LIBE
Amendment 55 #

2020/2011(INI)

Draft opinion
Paragraph 1 b (new)
1 b. Calls on the Commission to ensure the equal participation of Roma civil society organisations, experts and community members, particularly those active at local and regional level in the policy debate and in decision-making;
2020/06/04
Committee: EMPL
Amendment 82 #

2020/2011(INI)

Draft opinion
Paragraph 4
4. Underlines the need for an urgent and thorough commitment by the relevant state authorities to the desegregation of Roma pupils in schools, as Roma children are often educated in segregated environments, while the misdiagnosis of Roma children as having special educational needs is still a common discriminatory practice; reminds that the Commission opened infringement procedures on segregation of Roma children in relation to 3 Member States; is of the opinion that the last years have shown no improvement despite the Commission's efforts; therefore calls on the Commission to take further steps and refer these cases to the European Court of Justice;
2020/06/04
Committee: EMPL
Amendment 86 #

2020/2011(INI)

Motion for a resolution
Recital C
C. whereas a Directivepost-2020 EU Strategic Framework for the Equality and Inclusion of People with Romani Background, developed on the basis of more realistic quantitative and qualitative data, a legislative act with a binding character on the European Union and its Member States, is needed and must be proposed by the Commission;
2020/06/12
Committee: LIBE
Amendment 103 #

2020/2011(INI)

Motion for a resolution
Recital F
F. whereas the equal participation of local and, regional, national and European stakeholders (NGOs, activists, experts, community members, etc.) must be significantly involved in the development, implementation and monitoring of public policies towards people with Romani background, in the post-2020 context;
2020/06/12
Committee: LIBE
Amendment 109 #

2020/2011(INI)

Draft opinion
Paragraph 5 a (new)
5 a. Highlights that Roma often work under precarious employment conditions or in atypical employment situations; is strongly of the opinion that the new instrument for temporary Support to mitigate Unemployment Risks in an Emergency (SURE) should be targeting the most vulnerable in the Member States;
2020/06/04
Committee: EMPL
Amendment 112 #

2020/2011(INI)

Draft opinion
Paragraph 5 b (new)
5 b. Is of the opinion that the Roma are amongst the most affected by the COVID- 19 pandemics and mostly its economic consequences in Europe; emphasizes that the EU needs to focus on the immediate needs of its citizens, giving quick and adequate answers to the occuring problems is inevitable in order to strengthen cohesion, increase the trust towards EU institutions and also to practise European values particularly solidarity; calls on the Commission to strengthen the Fund for European Aid to the Most Deprived in order to support families with long lasting food products, disinfectants, and information sheets about the virus;
2020/06/04
Committee: EMPL
Amendment 115 #

2020/2011(INI)

Motion for a resolution
Recital G
G. whereas under COVID-19 lockdowns, the situation of marginalised communities of people of Romani background in overcrowded compounds and settlements is very difficult; whereas people of Romani background do not have access to adequate healthcare, sanitation and food, and are particularly at risk of contracting COVID-19 or of suffering negative economic and societal consequences of the COVID-19 crisis; whereas the Member States must deliver emergency support and medical care in order to limit the spread of the virus; whereas racism, exclusion and discrimination against people of Romani background should be urgently addressed by the Union and its Member States;
2020/06/12
Committee: LIBE
Amendment 122 #

2020/2011(INI)

Motion for a resolution
Recital G a (new)
Ga. whereas anti-gypsyist attitudes have been exacerbated during the Covid- 19 pandemic with Romani people being singled out for spreading the virus; whereas there is a critical role of media in decreasing anti-gypsyist attitudes through non-discriminatory coverage of minorities;
2020/06/12
Committee: LIBE
Amendment 124 #

2020/2011(INI)

Motion for a resolution
Recital G b (new)
Gb. whereas the European Commission’s 2019 report on the implementation of national Roma integration strategies recognises that success factors encompass intersectional, cross-sectoral and integrated approaches to tackle multiple discrimination and multi-dimensional exclusion; whereas the report mentions amongst the priorities the need to support Roma access to justice with a focus on victims of multiple discrimination (women, LGBTI, non- citizen Roma), and reinforcing the capacity of equality bodies to deal with discrimination against Roma;
2020/06/12
Committee: LIBE
Amendment 125 #

2020/2011(INI)

Draft opinion
Paragraph 6
6. Recalls the fact that the Racial Equality Directive6 provides protection and guarantees for equal treatment with regard to access to and supply of goods and services, including housing, which is primarily within the remit of national and regional governments; calls on the Council to unblock negotiatons on the horizontal anti-discrimination directive as it is a prerequisite to achieve equality in the EU; _________________ 6 Article 3(1)(h) of Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22.
2020/06/04
Committee: EMPL
Amendment 126 #

2020/2011(INI)

Motion for a resolution
Recital G c (new)
Gc. whereas expert reports on the EU Framework for National Roma Integration Strategies recognise that Roma LGBTI face a range of facets of discrimination: first as people with Romani background, secondly as LGBTI, thirdly as LGBTI persons in Roma communities; whereas some LGBTI people with Romani background may resort to suppressing aspects of their identity as a result;
2020/06/12
Committee: LIBE
Amendment 134 #

2020/2011(INI)

Motion for a resolution
Paragraph 1
1. Considers that the Commission must developshould develop - on the basis of systemic consultations with (pro-) Romani experts and NGOs and the Council of Europe - a proposal for a post- 2020 directiveEU Strategic Framework for equality and inclusion of people with Romani background in Europe putting the fight against poverty and antigypsyism; is of the opinion that this proposal should contain a legislative measure based on Article19 (2) of the Treaty of the Functioning of the EU as appropriate action to combat discrimination based on ethnic origin and could further develop the prohibition of indirect discrimination and permissibility of positive action with a view to ensuring full equality of people with Romani background in practice; stresses that this Strategic Framework should be putting the fight anti-gypsyism and social exclusion at the forefront; stresses that the new proposal must include clear, realistic and binding objectives, measures and targets for the Member States, a clear timeline and clear and binding progress requirements, as well as success indicators and adequate funding for its implementation; emphasises the need for a robust monitoring and oversight mechanism to ensure effective implementation and appropriate use of fundsand sanctioning mechanism on European level with the involvement of the Fundamental Rights Agency, the EQUINET, watchdog organisations and other stakeholders from the civil society to ensure effective implementation and appropriate use of funds and to prevent corruption and the misuse of EU funds; is of the opinion that funds are often most effectively spent at local level by local governments and NGOs, therefore calls on the Commission to increase the funds distributed directly to them; notes that equal participation in all domains of public life, political participation, and the language, arts, culture, history and environment of people with Romani background should be explicitly mentioned in the proposal for post-2020 EU public policy for people with Romani background, as additional measures to the four main priority areas of education, employment, housing and healthcare;
2020/06/12
Committee: LIBE
Amendment 141 #

2020/2011(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Calls on the Commission and the Member States to ensure that the Recovery Plan and the new Multiannual Financial Framework for 2021-2027 EU is firmly linked to the post- 2020EU Framework for National Roma Inclusion Strategies, its binding targets and their execution by the National Roma Inclusion Strategies;
2020/06/12
Committee: LIBE
Amendment 144 #

2020/2011(INI)

Draft opinion
Paragraph 8
8. Welcomes the EU added value through the establishment of a closeIs of the option that the EU added value is in jeopardy despite the fact that there is a link between the European Semester, the European Structural and Investment Funds (ESIF) in their 2014- 2020 programming period and the NRIS, as ESIF fails to reach out to the most disadvantaged, in particular the Roma; calls on the Commission to actively reach out to Roma communities with its policies and programmes; and urges the Member States to do so and publicly declare the share of their national budgets that is allocated to this end;
2020/06/04
Committee: EMPL
Amendment 145 #

2020/2011(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Reiterates its position and recommendations put forward and adopted in its resolution of 25 October 2017 on fundamental rights aspects in Roma integration in the EU: fighting anti-Gypsyism; since limited action has been taken so far, calls on the Commission to integrate those recommendations into its post-2020 EU Framework for National Roma Inclusion Strategies, particularly the recommendations relating to anti- gypsyism and truth and reconciliation as these are the cornerstone of building a strong and inclusive society;
2020/06/12
Committee: LIBE
Amendment 150 #

2020/2011(INI)

Motion for a resolution
Paragraph 2
2. Calls on the Commission to develop a proposal for a post-2020 EU directiveStrategic Framework for the equality and inclusion of people with Romani background, giving priority to (i) achieving a positive impact; (ii) a rights-based approach, including a plan to eliminate social and economic inequalities; (iii) developing a vision for the future proposal, including concrete, specific, measurable, comparable, achievable, relevant and time- bound objectives to protect and improve the inclusion of people with Romani background; and (iv) eliminating inequalities and discrimination and segregation, especially for children from their earliest years; and those with Romani background facing multiple discrimination, such as women and girls, LGBTI persons and people with disabilities;
2020/06/12
Committee: LIBE
Amendment 161 #

2020/2011(INI)

Motion for a resolution
Paragraph 3
3. Calls on the Commission to ensure the equal participation of Romani and pro- Romani civil society organisations, experts and community members from all levels, including those active at local and regional level, taking into account a gender perspective in both the policy debate and in decision-making; calls on the Member States to do the same when creating their own post-2020 National Inclusion Strategies for People with Romani Background;
2020/06/12
Committee: LIBE
Amendment 165 #

2020/2011(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Is of the opinion that often the best tool for empowering Roma to fully exercise their fundamental rights is through litigation; calls on the Commission to create a strategic litigation funds under the Rights and Values Programme and provide adequate funding for civil society and human rights defenders in order to achieve systemic change;
2020/06/12
Committee: LIBE
Amendment 167 #

2020/2011(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Strongly rejects the political narrative and populism to build government policy on inciting anti- gypsyism, exercising scapegoating of Roma and promoting discrimination or segregation both directly and indirectly; is of the opinion that such political actions are against not only the national constitutions but the fundamental values of the EU Treaties as well and the rights provided thereby; therefore calls on the Commission to take immediate action by opening infringement procedures and by addressing such issues in the annual report on the state of rule of law in the relevant Member States;
2020/06/12
Committee: LIBE
Amendment 168 #

2020/2011(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Reiterates its call on the Council to unblock negotiations on the horizontal anti-discrimination directive as it is a prerequisite to achieve equality in the EU;
2020/06/12
Committee: LIBE
Amendment 172 #

2020/2011(INI)

Motion for a resolution
Paragraph 4
4. Calls on the Commission to tackle anti-gypsyism across the key areas of the proposal for the post-2020 directiveFramework;
2020/06/12
Committee: LIBE
Amendment 188 #

2020/2011(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Is particularly concerned by the high level of segregation children with Romani background in schools and the discriminatory practice of placing children with a Romani background in schools for children with mental disabilities, which persist in some Member States; urges the Member States concerned to put an end to such practices in accordance with applicable anti- discrimination legislation; reminds that the Commission opened infringement procedures on segregation of children with Romani background in relation to 3 Member States; is of the opinion that the last years have shown no improvement despite the Commission's efforts; therefore calls on the Commission to take further steps and refer these cases to the European Court of Justice if necessary;
2020/06/12
Committee: LIBE
Amendment 216 #

2020/2011(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on the Member States to improve their data collection methods to provide reliable actual and comparable data as they support effective evidence- based policies and can contribute to improving the effectiveness of strategies, actions and measures taken, and to identifying structural problems;
2020/06/12
Committee: LIBE
Amendment 220 #

2020/2011(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Calls on the Member States to guarantee the effective independence, the mandate and the necessary resources of the equality bodies for enabling them to carry out their tasks in the promotion of equal treatment and protection of fundamental rights also of people with Romani background; is of the opinion that equality bodies are the right institutions to collect data and draw trends on anti-gypsyism and to channel it to the European level;
2020/06/12
Committee: LIBE
Amendment 272 #

2020/2011(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Acknowledges that the path to successful inclusion of children with Romani background requires not only compulsory (high-quality and non- segregated) school education but also early childhood education and equal access to extracurricular activities; calls on the Commission and the Member States to ensure adequate funding to NGOs which provide such activities as these activities are crucial to create an environment and conditions where children from all backgrounds have equal opportunities; considers that the exchange of good practices between Member States is also crucial in this field;
2020/06/12
Committee: LIBE
Amendment 275 #

2020/2011(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Draws attention to discriminatory practices and cases of violence by the police against people with Romani background in Member States; calls on the Member States adopt Guidelines and develop trainings to the police forces against disproportionate criminalisation of people with Romani background, over- policing (ethnic profiling, excessive stop- and-search procedures, uncalled-for raids on Romani settlements, arbitrary seizure and destruction of property, excessive use of force during arrests, assaults, threats, humiliating treatment, physical abuse, and the denial of rights during police interrogation and custody) and in under- policing of crimes committed against people with Romani background, providing little or no assistance, protection (such as in cases of trafficking and for victims of domestic violence) or investigation in cases of crimes reported by people with Romani background (hate crimes in particular); calls on the Member States concerned to ensure that full investigation of such cases police and particularly where violence and brutality involved; calls on the Member States to provide appropriate remedies;
2020/06/12
Committee: LIBE
Amendment 13 #

2020/2009(INI)

Motion for a resolution
Citation 7 a (new)
— having regard to the Joint Communication of 10 June 2020 entitled 'Tackling COVID-19 disinformation - Getting the facts right' (JOIN(2020) 8),
2020/07/07
Committee: LIBE
Amendment 51 #

2020/2009(INI)

Motion for a resolution
Recital C a (new)
Ca. whereas according to the 2020 World Press Freedom Index, the situation concerning the independence of the press differs significantly between Member States, with some Member States ranking among the top 5 best performers, while the worst entry ranking as low as 111th out of 180;
2020/07/07
Committee: LIBE
Amendment 103 #

2020/2009(INI)

Motion for a resolution
Recital J
J. whereas disinformation related to COVID-19 may have dangerous consequences on public health, cause panic and social unrest and needs to be addressed; whereas measures to combat disinformation cannot be used as a pretext for introducing disproportionate restrictions on press freedom;
2020/07/07
Committee: LIBE
Amendment 115 #

2020/2009(INI)

Motion for a resolution
Paragraph 2
2. Is deeply shattered by the murders of Daphne Caruana Galizia in Malta and Ján Kuciak and his fiancée Martina Kušnírová in Slovakia due to their investigative work, and reiterates the importance of an; recalls the essential role that investigative journalism holds in fighting organised crime by collecting and connecting relevant information, exposing criminal networks and illicit activities; highlights the fact that these activities expose them to an increased personal risk level; calls on national law enforcement authorities to fully cooperate with Europol and other relevant international organisations in order to conduct independent investigation to brs, identifying and bringing to justice the perpetrators of and masterminds behind these crimes;
2020/07/07
Committee: LIBE
Amendment 124 #

2020/2009(INI)

3. Strongly reiterates its call on the Commission to treat attempts by Member State governments to damage media freedom and pluralism as constituting a serious and systematic abuse of powers and as going against the fundamental values of the EU as enshrined in Article 2 TEU; welcomes, therefore, the Commission’s intention to include a specific chapter on monitoring media freedom and pluralism in its Annual Report on the Situation of the Rule of Law within the EU; encourages the Commission to actively cooperate with the Council of Europe, exchanging best practices and making sure that measures undertaken are complementary; urges the Commission to take into account the impact of the emergency measures taken in 2020 in the context of COVID-19 on press freedom, media pluralism and safety of journalists; in this context, recalls Parliament’s repeated call for a permanent, independent and comprehensive mechanism covering democracy, the rule of law and fundamental rights in the EU;
2020/07/07
Committee: LIBE
Amendment 136 #

2020/2009(INI)

Motion for a resolution
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial; highlights that the frameworks for financing public service media should ensure the editorial independence and the sustainability of these outlets; calls on Member States to use financing models where public service media is financed from sources independent of political decision-making such as monthly or annual dedicated taxes;
2020/07/07
Committee: LIBE
Amendment 156 #

2020/2009(INI)

Motion for a resolution
Paragraph 5
5. Reiterates its concern that few specific legal or policy frameworks protecting journalists and media workers from violence, threats and intimidation can be identified at national level within the EU; calls on the Member States and the Commission to ensure the effective protection and safety of journalists and other media actors as well as of their sources, including in a cross-border context; strongly reiterates its call on the Commission to present proposals to prevent so-called ‘Strategic Lawsuits Against Public Participation’ (SLAPP); highlights that there are significant differences with respect to the freedom of the press and protection of journalists situations between Member States; calls on the Commission to come forward with a comprehensive Directive proposal aiming to establish minimum standards against SLAPP practices, across the EU;
2020/07/07
Committee: LIBE
Amendment 187 #

2020/2009(INI)

Motion for a resolution
Paragraph 7
7. Is concerned about attempts to take advantage of the COVID-19 pandemic to punish independent and critical media and introduce restrictions on the media’s access to and scrutiny of government decisions and actions, hampering proper and informed debate on those actions; stresses the role of journalism and the free flow of information as essential to the EU’s efforts to contain the COVID-19 pandemic; points out that journalism plays a crucial function at a moment of public health emergency; calls on the Commission to comprehensively monitor such practices by national governments and to include the results in its upcoming Annual Report on the Rule of Law;
2020/07/07
Committee: LIBE
Amendment 232 #

2020/2009(INI)

Motion for a resolution
Paragraph 14
14. Notes that the new digital environment has exacerbated the problem of the spread of disinformation and has resulted in online platforms playing an influential role in publishing, disseminating and promoting news and other media content; reiterates its concern about the potential threat disinformation poses to freedom of expression and the independence of the media; highlights that measures combatting disinformation should focus on fostering a plurality of opinions, through the promotion of high- quality journalism, delivering reliable, fact-based, verified information, as well as on building media literacy, and that any such measures must provide guarantees for the freedom of information and the freedom of expression;
2020/07/07
Committee: LIBE
Amendment 238 #

2020/2009(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Highlights that upholding the editorial independence within central and local media outlets, and developing media literacy projects, are essential elements for building resilience, raising awareness and strengthening education in efficiently combatting propaganda, disinformation and manipulations; calls on the Commission to actively engage in the promotion of reliable, fact-based and fact- checked information, enhancing media distribution channels in order to improve access to such information, empowering Union citizens to better identify and deal with disinformation; calls on Member States to fully implement the provisions of the revised Audio-visual Media Service Directive requiring them to promote and develop media literacy skills;
2020/07/07
Committee: LIBE
Amendment 260 #

2020/2009(INI)

Motion for a resolution
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; welcomes the Joint Communication on Tackling COVID-19 disinformation, of 10 June 2020; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;
2020/07/07
Committee: LIBE
Amendment 268 #

2020/2009(INI)

Motion for a resolution
Paragraph 17
17. Welcomes the Commission’s initiative to present a European Democracy Action Plan that aims to counter disinformation and to adapt to evolving threats and manipulations, as well as to support free and independent media; emphasises in this respect that protecting free and independent media while combating hate speech and disinformation is a fundamental factor in terms of the defence of the rule of law and democracy in the EU; notes with concern that according to a GDI research, websites spreading disinformation in the EU receive more than 70 million Euros in ad revenues every year; calls on the Commission to further engage with the digital platforms and step up the efforts towards ending such practices, as well as towards combatting the strategic, automated amplification of disinformation through the use of bots or fake profiles online, and towards increasing transparency in respect to the financing and the distribution of online advertising;
2020/07/07
Committee: LIBE
Amendment 42 #

2020/2005(INL)

Motion for a resolution
Recital B
B. whereas different definitions of traineeships exist across Union; whereas a traineeship can be understood to be a limited period of work practice which is paidith different types of remuneration and which includes a learning and training component and which a person undertakes in order to gain practical and professional experience with a view to improving that person’s employability and facilitating transition to stable employment7 ; __________________ 7 2014 Council Recommendation, p. 3.
2023/02/10
Committee: EMPL
Amendment 149 #

2020/2005(INL)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to propose a directiveMember States to ensure adequate remuneration for traineeships in order to avoid exploitativeaccordance with national law or practices;
2023/02/10
Committee: EMPL
Amendment 233 #

2020/2005(INL)

Motion for a resolution
Annex I
RECOMMENDATIONS AS TO THE CONTENT OF THE PROPOSAL REQUESTED A European framework directive for adequate remuneration for traineeships The European Parliament considers that the future legislative proposal for a framework directive setting out minimum requirements for adequate remuneration for traineeships should follow these principles and aims: 1. The directive should set out minimum requirements for adequate remuneration for traineeships. 2. trainees who are considered to be workers, namely, people who have an employment relationship as defined by the national law or practice of collective agreements, taking into account the criteria established by the Court of Justice of the European Union (Court of Justice) for determining the status of a worker (including cases 66/85, Lawrie-Blum, C- 3/90, Bernini, C-109/04, Kranemann, C- 229/14, Balkaya, in which the Court of Justice gave indications as to when trainees may be considered to be workers under Union law). Provided that trainees fulfil those criteria, the directive should apply to such trainees in both the private and the public sectors. 3. The directive should include a penalties provision.deleted The directive should apply to
2023/02/10
Committee: EMPL
Amendment 237 #

2020/2005(INL)

Motion for a resolution
Annex I – subheading 1
A European framework directive for adequate remuneration for traineeshipsdeleted
2023/02/10
Committee: EMPL
Amendment 244 #

2020/2005(INL)

Motion for a resolution
Annex I – paragraph 1
The European Parliament considers that the future legislative proposal for a framework directive setting out minimum requirements for adequate remuneration for traineeships should follow these principles and aims: 1. The directive should set out minimum requirements for adequate remuneration for traineeships. 2. trainees who are considered to be workers, namely, people who have an employment relationship as defined by the national law or practice of collective agreements, taking into account the criteria established by the Court of Justice of the European Union (Court of Justice) for determining the status of a worker (including cases 66/85, Lawrie-Blum, C- 3/90, Bernini, C-109/04, Kranemann, C- 229/14, Balkaya, in which the Court of Justice gave indications as to when trainees may be considered to be workers under Union law). Provided that trainees fulfil those criteria, the directive should apply to such trainees in both the private and the public sectors. 3. penalties provision.deleted The directive should apply to The directive should include a
2023/02/10
Committee: EMPL
Amendment 1 #

2020/1998(BUD)

Draft opinion
Paragraph 1
1. Regrets that the proposed commitment appropriations for the “Citizens, Equality, Rights and Values Programme” at EUR 90 600 000 are much lower than initially requested by the Parliament, and represents a decrease of - 9,9% on commitment appropriations and - 17,8% on payment appropriations compared to 2020; requests, in line with the first reading position of the Parliament adopted on 17 April 2019, that commitment appropriations are increased to EUR 265 000 000 and that a new budget line to “promote and protect Union values“ (EUR 120 000 000 in commitment appropriations) is created; calls, in line with the partial agreement reached with Council, to increase the commitment appropriations under the “Daphne” budget line to EUR 37 100 000 and to earmark EUR 27 300 000 of this amount for the fight against gender-based violence by creating a subline “Combating all forms of gender-based violence”; calls further for an increase of the commitment appropriations of the budget line “Promote citizens engagement and participation in the democratic life of the Union” to EUR 70 600 000, to rename the budget line “Promote equality and rights” to “Promote equality, rights and gender equality” and to earmark EUR 10 300 000 to “Promote gender equality and gender mainstreaming” by creating a new subline;
2020/08/17
Committee: LIBE
Amendment 13 #

2020/1998(BUD)

Draft opinion
Paragraph 3 a (new)
3 a. Is concerned by the reduction (- 10,2%) of the commitment appropriations for the Asylum and Migration Fund (AMF), at a time where the pressure on national authorities for asylum remains very high, with huge gaps in terms of proper reception of asylum seekers and major delays in the procedures for asylum in the Member States; recalls the importance of providing adequate financial capacities to support the development of a Common European Asylum System, to bring concrete solidarity to Member States most exposed to migration and asylum flows, as well as to ensure efficient and fair asylum and return procedures; requests a budget increase for the AMF commitment appropriations to at least the level of 2020, i.e. 1 228,7 million euros;
2020/08/17
Committee: LIBE
Amendment 14 #

2020/1998(BUD)

Draft opinion
Paragraph 3 b (new)
3 b. Is deeply concerned by the continuing loss of lives in the Mediterranean in the absence of functioning SAR capacities; believes that SAR is a state responsibility that cannot be left to non-state actors; calls on the Commission to urgently create a fund to support the setting up of a EU Search and Rescue mission for the Mediterranean;
2020/08/17
Committee: LIBE
Amendment 15 #

2020/1998(BUD)

Draft opinion
Paragraph 4
4. Considers that the small funding increase (+1.8%) proposed for the European Monitoring Centre for Drugs and Drug Addiction will not be sufficient to comply with its legal obligations deriving from the Staff Regulations as well as its rental contracts; emphasises, moreover, that additional funding should be provided for the Centre to fully deploy its operational capacity and to effectively respond to the most recent developments of the drug phenomenon, including effects of Covid-19 outbreak; highlights that the drug retail value in Europe is estimated at 30 billion euros per year, and that 100 tonnes of cocaine were seized in the EU in 2019; requests, therefore, to increase the Centre’s budget to EUR 18 100 000;
2020/08/17
Committee: LIBE
Amendment 16 #

2020/1998(BUD)

Draft opinion
Paragraph 5
5. Takes note of the proposal to increase the appropriations of the European Union Agency for Law Enforcement Cooperation (Europol) by 11.5% while leaving the number of statutory staff unchanged; reminds that the AgencyEuropol is requested to provide increased analysis and operational support to Member States and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding, tools and innovation to Member States’ law enforcement authorities, in areas such as countering terrorism and its financing, radicalisation and extremism, migrant smuggling, drugs trafficking or cybercrime, and, upon request, has recently launched new initiatives such as the European Financial and Economic Crime Centre and the Innovation Lab which require additional funding; also stresses the increase of criminal activities during the pandemic, such as cyberattacks and cybercrimes, online child abuse and exploitation, goods counterfeiting, and the surge of new activities in the recent years like environmental crimes, showing the adaptability and flexibility of criminals and the need for Europol to adapt likewise; expects Agency’s tasks to be further extended in 2021 with the upcoming revision of the Agency mandate; considers, therefore, that EUR 184 900 000 should be provided to the Agency in line with its request; requests to add further 63 posts to the Agency establishment plan;
2020/08/17
Committee: LIBE
Amendment 33 #

2020/1998(BUD)

Draft opinion
Paragraph 7 a (new)
7 a. Stresses that the Recovery plan is a new opportunity for criminals to make profits and misappropriate funds intended to saving jobs and supporting the legal economy in Europe; considers that the fight against fraud to EU’s budget, corruption, money laundering, criminal financing should be strengthened in 2021; in this context, stresses the importance of adequate funding for European JHA agencies, in particular Europol, EPPO, CEPOL, OLAF and Eurojust;
2020/08/17
Committee: LIBE
Amendment 34 #

2020/1998(BUD)

Draft opinion
Paragraph 7 b (new)
7 b. Welcomes the new Security Union Strategy published by the Commission on 24 July, focusing on critical infrastructure protection, the fight against cybercrime, responding to hybrid threats and organised crime; also notes the three action plans presented on online sexual abuse against children, on firearms and on drugs; considers therefore that adequate funding is necessary in the Union’s budget and for the European JHA agencies to pursue these objectives;
2020/08/17
Committee: LIBE
Amendment 37 #

2020/1998(BUD)

Draft opinion
Paragraph 9
9. Regrets the reduction of the European Union Agency for Fundamental Rights’ budget by 0.4%; requests instead to increase Agency’s commitment and payment appropriations to EUR 24 600 000; calls for adding two AD6 and two contractual agent function group IV posts to the Agency establishment plan; highlights that without adequate financial and staff resources, the Agency may not be able to implement projects that respond to identified needs, in particular in countering discriminations and racism, defending individuals data protection and fundamental rights, including at the external borders, protecting migrants and refugees, supporting justice and victims’ rights;
2020/08/17
Committee: LIBE
Amendment 39 #

2020/1998(BUD)

Draft opinion
Paragraph 10
10. Considers the proposed increase of appropriations for the European Union Agency for Criminal Justice Cooperation (Eurojust) insufficient in light of the challenges faced by the Agency with regard to digitalisation and the continuously growing caseload; requests to provide the Agency with 217 additional posts and to increase its budget accordingly to EUR 43 800 000;
2020/08/17
Committee: LIBE
Amendment 41 #

2020/1998(BUD)

Draft opinion
Paragraph 11
11. Welcomes the proposed increase of the European Asylum Support Office’s commitment and payment appropriations by 16.5% but regrets that the number of posts in its establishment plan have not been increased accordingly; requests therefore to reinforce the establishment plan of the Office by an additional 50 posts; recalls that Office plans to keep the same level of staff as requested for 2021 throughout the new programming period but stresses that additional staff will be needed if the new Regulation on the European Union Agency for Asylum is adopted; recalls that EASO’s operational activities have increased considerably in the recent years to address the challenge of the migration crisis and to assist Member States for the reception of asylum seekers and the processing of asylum procedures, in particular in EU hotspots; stresses that EASO has also been tasked with a number of new missions, in the fields of disembarkation or relocation; highlights that the additional staff will reinforce field operations, development and delivery of trainings, information and analysis, practical tools, governance activities and administrative functions, while the pressure on EU migration and asylum systems remains high.
2020/08/17
Committee: LIBE
Amendment 397 #

2020/0361(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. Providers of intermediary services shall include information on any restrictions that they impose in relation to the use of their service in respect of information provided by the recipients of the service, in their terms and conditions. That information shall include information on any policies, procedures, measures and tools used for the purpose of content moderation, including algorithmic decision-making and human review. It shall be set out in clear and, unambiguous, very easily comprehensible language and shall be publicly available in an easily accessible format.
2021/06/10
Committee: LIBE
Amendment 559 #

2020/0361(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Online platforms shallProviders of hosting services may suspend, for a reasonable period of time and after having issued a prior warning, the provision of their services to recipients of the service that frequently provide manifestly illegal content through their hosting services.
2021/06/10
Committee: LIBE
Amendment 672 #

2020/0361(COD)

Proposal for a regulation
Article 27 – paragraph 3
3. The Commission, in cooperation with the Digital Services Coordinators, may issue general guidelines on the application of paragraph 1 in relation to specific risks, in particular to present best practices and recommend possible measures, having due regard to the possible consequences of the measures on fundamental rights enshrined in the Charter of all parties involved. When preparBefore adopting those guidelines the Commission shall organise public consultations and ask for the consent of the European Parliament.
2021/06/10
Committee: LIBE
Amendment 734 #

2020/0361(COD)

Proposal for a regulation
Article 31 – paragraph 1
1. Very large online platforms shall provide the Digital Services Coordinator of establishment or the Commission, upon their reasoned request and within a reasonable period, specified in the request, access to data that are necessary to monitor and assess compliance with this Regulation. That Digital Services Coordinator and the Commission shall only request, access, and use that data for those purposes.
2021/06/10
Committee: LIBE
Amendment 88 #

2020/0310(COD)

Proposal for a directive
Recital 16
(16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither aims to harmonise the level of minimum wages across the Union nor to establish an uniform mechanism for setting minimum wages. It does not interfere with the freedom of Member States to set statutory minimum wages or promote access to minimum wage protection provided by collective agreements, according to the traditions and specificities of each country and in full respect of national competences and social partners’ contractual freedom. This Directive does not impose an obligation on the Member States where minimum wage protection is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable. Also, this Directive does not establish the level of pay, which falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States. The purpose of this Directive is not to impose any obligation for Member States to take measures demanding the introduction of statutory minimum wages or measures implying that the social partners have an equivalent obligation. This Directive does not oblige Member States to grant access to minimum wage protection to all workers. Such an obligation would directly interfere with Article 153(5) of the Treaty on the Functioning of the European Union. Nothing in this Directive should be construed as creating rights for individuals.
2021/05/20
Committee: FEMM
Amendment 110 #

2020/0310(COD)

Proposal for a directive
Recital 2
(2) Article 28 of the Charter of Fundamental Rights of the European Union36 provides for the right of workers and employers, or their respective organisations, in accordance with Union law and national laws and practices, to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take collective action to defend their interests, including strike action. Article 31 of the Charter of Fundamental Rights of the European Union367 provides for the right of every worker to working conditions which respect his or her health, safety and dignity. __________________ 36Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012. 37 Charter of Fundamental Rights of the European Union, 2012/C 326/02 OJEU C326/391 of 26.10.2012.
2021/05/18
Committee: EMPL
Amendment 126 #

2020/0310(COD)

Proposal for a directive
Recital 5
(5) Guideline 5 of Council Decision 2020/ 1512/EU on guidelines for the employment policies of the Member States37 calls on Member States to ensure an effective involvement of social partners in wage-setting, providing for fair wages that enable a decent standard of living and allowing for an adequate responsiveness of wages to productivity developments, with a view to upward convergence. The Guideline also calls on Member States to promote social dialogue and collective bargaining on wage setting. It also calls on Member States and the social partners to ensure that all workers have adequate and fair wages by benefitting from collective agreements or adequate statutory minimum wages, and taking into account their impact on competitiveness, job creation and in- work poverty. The Annual Sustainable Growth Strategy 202138 states that Member States should adopt measures to ensure fair working conditions. In addition, the Annual Sustainable Growth Strategy 202039 recalled that in the context of growing social divides, it is important to ensure that each worker earns an adequate wage. Several Country Specific Recommendations have also been issued to some Member States in the field of minimum wages. However, individual countries may be little inclined to improve their minimum wage settings because of the perception that this could negatively affect their external cost competitiveness. __________________ 37Council Decision 2020/1512/EU of 13 October 2020 on guidelines for the employment policies of the Member States (OJ L 344, 19.10.2020, p. 22–28). 38 Commission Communication COM(2020) 575 final. 39 Commission Communication COM(2019) 650 final.
2021/05/18
Committee: EMPL
Amendment 136 #

2020/0310(COD)

Proposal for a directive
Recital 29
(29) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework in Sweden and Denmark should continue to apply, unless more favourable provisions are introduced by in accordance to the derogation in Article 1(3) and Article 16(2) of this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
2021/05/20
Committee: FEMM
Amendment 148 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for the promotion of:
2021/05/20
Committee: FEMM
Amendment 152 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – point a
(a) setting adequate levels ofthe adequacy of statutory minimum wages;
2021/05/20
Committee: FEMM
Amendment 158 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
This Directive shall be without prejudice to the full respect of Member States national law and legal labour market tradition and practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
2021/05/20
Committee: FEMM
Amendment 165 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3
3. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusivemainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable or affect the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige Member States to grant access to minimum wage protection to all workers, nor shall it create any obligation on the Member States as regards the level or conditions for the setting of wages.
2021/05/20
Committee: FEMM
Amendment 167 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3 a (new)
3 a. Nothing in this Directive shall be construed as creating rights for individuals.
2021/05/20
Committee: FEMM
Amendment 175 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
2021/05/20
Committee: FEMM
Amendment 179 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which tanegotiations which take place in accordance to Member States national law and legal labour market plaractice: between an employer, a group of employers or one or more employers organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
2021/05/20
Committee: FEMM
Amendment 203 #

2020/0310(COD)

Proposal for a directive
Recital 13
(13) While strong collective bargaining at sector or cross-industry level contributes to ensuring adequate minimum wage protection, traditional collective bargaining structures have bseen erodinga declining trend during the last decades, in part due to structural shifts in the economy towards less unionised sectors and to the decline in trade union membership related to inter alia the increase of atypical and new forms of work.
2021/05/18
Committee: EMPL
Amendment 205 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
2021/05/20
Committee: FEMM
Amendment 225 #

2020/0310(COD)

Proposal for a directive
Recital 16
(16) In full respect of Article 153(5) of the Treaty on the Functioning of the European Union, this Directive neither aims to harmonise the level of minimum wages across the Union nor to establish an uniform mechanism for setting minimum wages. It does not interfere with the freedom of Member States to set statutory minimum wages or promote access to minimum wage protection provided by collective agreements, according to the traditions and specificities of each country and in full respect of national competences and social partners’ contractual freedom. This Directive does not impose an obligation on the Member States where minimum wage protection is ensured exclusively via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable. Also, this Directive does not establish the level of pay, which falls within the contractual freedom of the social partners at national level and within the relevant competence of Member States. The purpose of this Directive is not to impose any obligation for Member States to take measures demanding the introduction of statutory minimum wages or measures implying that the social partners have an equivalent obligation. This Directive does not oblige Member States to grant access to minimum wage protection to all workers. Such an obligation would directly interfere with Article 153(5) of the Treaty on the Functioning of the European Union. Nothing in this Directive should be construed as creating rights for individuals.
2021/05/18
Committee: EMPL
Amendment 246 #

2020/0310(COD)

Proposal for a directive
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.deleted
2021/05/20
Committee: FEMM
Amendment 278 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rightsexisting national law or collective agreements provide for relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
2021/05/20
Committee: FEMM
Amendment 282 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreementsprovided for in existing national law or collective agreements relating to minimum wage protection.
2021/05/20
Committee: FEMM
Amendment 289 #

2020/0310(COD)

Proposal for a directive
Article 16 – title
Non-regression, derogation and more favourable provisions
2021/05/20
Committee: FEMM
Amendment 292 #

2020/0310(COD)

Proposal for a directive
Article 16 – paragraph 2
2. TMember States where wage setting is ensured mainly via collective agreements shall be derogated from this Directive; while this Directive shall not affect Member States prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.
2021/05/20
Committee: FEMM
Amendment 372 #

2020/0310(COD)

Proposal for a directive
Recital 29
(29) This Directive lays down minimum requirements, thus leaving untouched Member States' prerogative to introduce and maintain more favourable provisions. Rights acquired under the existing national legal framework in Sweden and Denmark should continue to apply, unless more favourable provisions are introduced by in accordance to the derogation in Article 1(3) and Article 16(2) of this Directive. The implementation of this Directive cannot be used to reduce existing rights for workers, nor can it constitute valid grounds for reducing the general level of protection afforded to workers in the field covered by this Directive.
2021/05/18
Committee: EMPL
Amendment 389 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – introductory part
1. With a view to improving working and living conditions in the Union, this Directive establishes a framework for the promotion of:
2021/05/18
Committee: EMPL
Amendment 400 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – point a
(a) setting adequate levels ofimproving the adequacy of statutory minimum wages;
2021/05/18
Committee: EMPL
Amendment 409 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – point b
(b) access of workers to minimum wage protection, in the form of wages set out byby promoting access to collective agreementsbargaining or in the form of a statutory minimum wage in Member States where it exists.
2021/05/18
Committee: EMPL
Amendment 413 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 1 – subparagraph 1
This Directive shall be without prejudice to the full respect of Member States national law and legal labour market tradition and practise while ensuring the autonomy of social partners, as well as their right to negotiate and conclude collective agreements.
2021/05/18
Committee: EMPL
Amendment 421 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3
3. Nothing in this Directive shall be construed as imposing an obligation on the Member States where wage setting is ensured exclusivemainly via collective agreements to introduce a statutory minimum wage nor to make the collective agreements universally applicable or affect the contractual freedom of the social partners to negotiate, monitor and set wages through collective agreements. This Directive does not oblige Member States to grant access to minimum wage protection to all workers, nor shall it create any obligation on the Member States as regards the level or conditions for the setting of wages.
2021/05/18
Committee: EMPL
Amendment 430 #

2020/0310(COD)

Proposal for a directive
Article 1 – paragraph 3 a (new)
3a. Nothing in this Directive shall be construed as creating rights for individuals.
2021/05/18
Committee: EMPL
Amendment 445 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – introductory part
For the purposes of this Directive, the following definitions apply while respecting Member States national law and legal labour market practice:
2021/05/18
Committee: EMPL
Amendment 455 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance to Member States national law and legal labour market practice: between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or more workers’ organisations, on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisations;
2021/05/18
Committee: EMPL
Amendment 460 #

2020/0310(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 3
(3) ‘collective bargaining’ means all negotiations which take place in accordance with national law and practice between an employer, a group of employers or one or more employers’ organisations, on the one hand, and one or morea group of workers organisat one or more trade unions , on the other, for determining working conditions and terms of employment; and/or regulating relations between employers and workers; and/or regulating relations between employers or their organisations and a worker organisation or worker organisats or their trade unions;
2021/05/18
Committee: EMPL
Amendment 549 #

2020/0310(COD)

Proposal for a directive
Article 5 – title
Adequacy of statutory minimum wages
2021/05/18
Committee: EMPL
Amendment 558 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 1
1. Member States with statutory minimum wages shall take the necessary measures to ensure that their setting and updating of statutory minimum wages are guided by criteria set to promote adequacy with the aim to achieve decent working and living conditions, social cohesion and upward convergence and prevent and combat in-work poverty. Member States shall define those criteria in accordance with their national practices and socio- economic conditions, either in relevant national legislation, in decisions of the competent bodies or in tripartite agreements. The criteria shall be defined in a stable and clear way.
2021/05/18
Committee: EMPL
Amendment 573 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elementwhose relevance and relative weight shall be decided by Member States in accordance with their prevailing national socio-economic conditions:
2021/05/18
Committee: EMPL
Amendment 574 #

2020/0310(COD)

Proposal for a directive
Article 5 – paragraph 2 – introductory part
2. The national criteria referred to in paragraph 1 shall include at least the following elements whose relative weight shall be decided by Member States:
2021/05/18
Committee: EMPL
Amendment 755 #

2020/0310(COD)

Proposal for a directive
Article 9 – paragraph 1
In accordance with Directive 2014/24/EU, Directive 2014/25/EU and Directive 2014/23/EU, Member States shall take appropriate measures to ensure that in the performance of public procurement or concession contracts economic operators comply with the wages set out by collective agreements for the relevant sector and geographical area and with the statutory minimum wages where they exist.deleted
2021/05/18
Committee: EMPL
Amendment 863 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 1
1. Member States shall ensure that, without prejudice to specific forms of redress and dispute resolution provided for, where applicable, in collective agreements, workers, including those whose employment relationship has ended, have access to effective and impartial dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rightsexisting national law or collective agreements provide for relating to statutory minimum wages or minimum wage protection provided by collective agreements and such rights have been infringed.
2021/05/18
Committee: EMPL
Amendment 880 #

2020/0310(COD)

Proposal for a directive
Article 11 – paragraph 2
2. Member States shall take the measures necessary to protect workers, including those who are workers’ representatives, from any adverse treatment by the employer and from any adverse consequences resulting from a complaint lodged with the employer or resulting from any proceedings initiated with the aim of enforcing compliance with the rights relating to statutory minimum wages or minimum wage protection provided by collective agreements.provided for in existing national law or collective agreements relating to minimum wage protection
2021/05/18
Committee: EMPL
Amendment 892 #

2020/0310(COD)

Proposal for a directive
Article 13 – paragraph 1
Member States may entrustshall, in accordance with their national law and practice, take adequate measures to ensure the effective involvement of the social partners with the implementation of this Directivea view to implementing this Directive and may entrust the social partners with its implementation, where the social partners jointly request to do so. In so doing, the Member States shall take all necessary steps to ensure that the results sought by this Directive are guaranteed at all times.
2021/05/18
Committee: EMPL
Amendment 907 #

2020/0310(COD)

Proposal for a directive
Article 16 – paragraph 2
2. TMember States where wage setting is ensured mainly via collective agreements shall be derogated from this Directive; while this Directive shall not affect Member States prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to workers or to encourage or permit the application of collective agreements which are more favourable to workers.
2021/05/18
Committee: EMPL
Amendment 174 #

2020/0279(COD)

Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity and fair sharing of responsibility between Member States, which is fair towards third- country nationals.
2021/12/09
Committee: LIBE
Amendment 186 #

2020/0279(COD)

Proposal for a regulation
Recital 2
(2) To this end, a comprehensive approach is required with the objective of reinforcing mutual trust between Member States which should bring together policy in the areas of asylum and migration management and towards relations with relevant third countries, recognising that the effectiveness of such an approach depends on all components being jointly addressed and, in an integrated manner, and properly implemented.
2021/12/09
Committee: LIBE
Amendment 200 #

2020/0279(COD)

Proposal for a regulation
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member Statesand dignified treatment of applicants for international protection or of third-country nationals residing legally or those subject to a return decision, and the respect of their human rights in every Member States, the fair and efficient return of third-country nationals who do not fulfil the conditions for residence in the territory of the Member States, and the prevention of, and enhanced measures to combat, illegal migration and, migrant smuggling and human trafficking.
2021/12/09
Committee: LIBE
Amendment 206 #

2020/0279(COD)

Proposal for a regulation
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and that of migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair and dignified treatment of third- country nationals residing legally in Member State, upholding human rights and the prevention of, and enhanced measures to combat, illegal migration and migrant smuggling.
2021/12/09
Committee: LIBE
Amendment 272 #

2020/0279(COD)

Proposal for a regulation
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need. Voluntary departure should always be preferred and facilitated above compulsory removal. Returns of unaccompanied children may only take place when it is in their best interest and should not involve the use of force or physical restraints or other forms of coercion against them.
2021/12/09
Committee: LIBE
Amendment 276 #

2020/0279(COD)

Proposal for a regulation
Recital 14
(14) An effective return policy is an essential element of a well-functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy, while fully complying with fundamental rights and the principle of non-refoulement. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, the pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examining those applications as well as contributing to effective access to international protection for those in need and the quality of asylum and return decisions.
2021/12/09
Committee: LIBE
Amendment 283 #

2020/0279(COD)

Proposal for a regulation
Recital 15
(15) TIt is necessary to strengthen cooperation with third countries on asylum, migration and border management, including in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, includ. Therefore, the Union and the Member States should develop a new mechanism of cooperation, including by setting out tailored-made and mutually beneficial partnerships with third-countries, comprising all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. Such partnerships should provide a framework for better coordination of policies with third countries and create a win-win situation for both partners, and be based on human rights, rule of law and the respect of the Union’s common values. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1.
2021/12/09
Committee: LIBE
Amendment 320 #

2020/0279(COD)

Proposal for a regulation
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search and rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations, especially taking into account the vulnerability of those persons, irrespective of whether there is a situation of migratory pressure.
2021/12/09
Committee: LIBE
Amendment 333 #

2020/0279(COD)

Proposal for a regulation
Recital 19
(19) Given the recurring nature of disembarkations from search and rescue operations on the different migratory routes, the annual Migration Management Report should set out the short-term projections of disembarkations anticipated for such operations and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation. The Commission should adopt an implementing act establishing a pool of solidarity measures (‘the solidarity pool for SAR operations’) with the aim of assisting the Member State of disembarkation to address the challenges of such disembarkations. Such measures should comprise applicants for international protection that are not in the border procedure or measures in the field of strengthening of capacity in the field of asylum, reception and return, or operational support, or measures in the external dimension.
2021/12/09
Committee: LIBE
Amendment 364 #

2020/0279(COD)

Proposal for a regulation
Recital 22
(22) The overall contribution of each Member State to the solidarity pool for SAR operations should be determined through indications by Member States of the measures by which they wish to contribute. Where Member States contributions are insufficient to provide for a sustainable solidarity response the Commission should be empowered to adopt an implementing act setting out the total number of third- country nationals to be covered by relocation and the share of this number for each Member State calculated according to a distribution key based on the population and the GDP of each Member State. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall of greater than 30% of the total number of relocations identified in the Migration Management Report, the Commission should be able to adjust the contributions of these Member States which should then contribute half of their share identified according to the distribution key either by way or relocation, or when so indicated, through return sponsorship.
2021/12/09
Committee: LIBE
Amendment 380 #

2020/0279(COD)

Proposal for a regulation
Recital 24
(24) The solidarity mechanism should also address situations of migratory pressure in particular for those Member States which due to their geographical location are exposed to or likely to be exposed to migratory pressure. For this purpose, the Commission should adopt a report identifying whetestablish an annual solidarity pool based on the projections of the evolution of the migratory flows in the annual Migration Management Report. The pool shall be used only where a Member State is under migratory pressure and setting out the measures that could support that Member State during the one year period. The unused contributions should be deleted at the end of that period. Such a mechanism enables appropriate predictability for all Member States, both benefiting addressing the situation of migratory pressure.nd contributing, and ensures a timely implementation of the solidarity at the Union level
2021/12/09
Committee: LIBE
Amendment 385 #

2020/0279(COD)

Proposal for a regulation
Recital 24 a (new)
(24a) For the establishment of that solidarity pool, Member States should notify to the Commission the type of solidarity contributions that they commit for. Where Member States are themselves expected to be benefitting Member States they should not be obliged to make solidarity contributions to other Member States. At the same time, where a Member State has incurred a heavy migratory burden in previous years, due to a high number of applications for international protection it should be possible for a Member State to request a proportional reduction of its share of the solidarity contribution to Member States under migratory pressure where such contribution consists of relocation or return sponsorship. That reduction should be then shared proportionately among the other Member States taking such measures.
2021/12/09
Committee: LIBE
Amendment 386 #

2020/0279(COD)

Proposal for a regulation
Recital 24 b (new)
(24b) Where the Migration Management Report identifies needs in a Member State under migratory pressure in the field of capacity measures in asylum, reception and return or in the external dimension, contributing Member States should be able to contribute to these needs instead of relocation or return sponsorship. In order to ensure that such contributions are in proportion to the share of the contributing Member State the Commission should be able to increase or decrease such contributions in the implementing act. Where the indications from Member States to take measures in the field of capacity or the external dimension would lead to a shortfall greater than 30% of the required number of persons to be relocated or subject to return sponsorship, the Commission should be able to adjust the contributions of these Member States in order to ensure that they contribute half of their share to relocation or return sponsorship.
2021/12/09
Committee: LIBE
Amendment 416 #

2020/0279(COD)

Proposal for a regulation
Recital 27
(27) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. The European Border and Coast Guard Agency shall continue to, throughout the entire return and readmission process, respect human dignity as well as fundamental rights. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
2021/12/09
Committee: LIBE
Amendment 538 #

2020/0279(COD)

Proposal for a regulation
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primary consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or her age and maturity, including his or her background, and should follow an independent evaluation of his/her best interest by the relevant child protection authorities. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerability.
2021/12/09
Committee: LIBE
Amendment 559 #

2020/0279(COD)

Proposal for a regulation
Recital 46
(46) The processing together of the applications for international protection of the members of one family by a single Member State should make it possible to ensure that the applications are examined thoroughly, the decisions taken in respect of them are consistent and the members of one family are not separated. This should be without prejudice to the right of an applicant to lodge an application individually.
2021/12/09
Committee: LIBE
Amendment 585 #

2020/0279(COD)

Proposal for a regulation
Recital 49
(49) The rules on evidence should allow for a swifter family reunification than until now. It is therefore necessary to clarify that formal proof, such as original documentary evidence and DNA testing, should not be necessary in cases where the circumstantial evidence is coherent, verifiable and sufficiently detailed to establish responsibility for examining an application for international protection. The competent authorities from the Member States should cooperate closely during the process of determination to assess quickly whether family ties exist.
2021/12/09
Committee: LIBE
Amendment 604 #

2020/0279(COD)

Proposal for a regulation
Recital 52
(52) Any Member State should be able to derogate from the responsibility criteria in particular on humanitarian and compassionate grounds, in order to bring together family members, relatives or any other family relations and examine an application for international protection registered with it or with another Member State, even if such examination is not its responsibility under the binding criteria laid down in this Regulation. Such measure should be considered as a solidarity contribution.
2021/12/09
Committee: LIBE
Amendment 617 #

2020/0279(COD)

Proposal for a regulation
Recital 53 a (new)
(53a) In order to ensure more convergence in the application of this Regulation, it is also necessary to define at the Union level the criteria for determining a risk of absconding in the context of a decision of transfer.
2021/12/09
Committee: LIBE
Amendment 635 #

2020/0279(COD)

Proposal for a regulation
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed upon, or in the event an applicant is in possession of new and tangible elements or evidence, which the competent authorities did not assess.
2021/12/09
Committee: LIBE
Amendment 647 #

2020/0279(COD)

Proposal for a regulation
Recital 58 a (new)
(58a) In order to improve significantly the implementation of transfer decisions, a new mechanism of financial penalty is set out to discourage any attitude of delaying or opposing to a transfer. Member States benefiting from solidarity contributions should not be sanctioned under this mechanism. Meanwhile, the cost of reception for the applicant should be paid back to the Member State where the applicant is present.
2021/12/09
Committee: LIBE
Amendment 652 #

2020/0279(COD)

Proposal for a regulation
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulation. In order to avoid the deprivation of liberty where less stringent measures might be applicable according to that Regulation, Member States should make use of other alternatives to detention. Such alternatives may be provided, in particular, for applicants with special reception needs, such as minors, families or other vulnerable persons.
2021/12/09
Committee: LIBE
Amendment 688 #

2020/0279(COD)

Proposal for a regulation
Recital 66 a (new)
(66a) A Common and secured electronic transmission and communication system should also be set-up to facilitate the cooperation and the exchange of information between the Member States.
2021/12/09
Committee: LIBE
Amendment 696 #

2020/0279(COD)

Proposal for a regulation
Recital 70
(70) Regulation (EU) 2016/679 of the European Parliament and of the Council47 applies to the processing of personal data by the Member States under this Regulation. Member States should implement appropriate technical and organisational measures to ensure and be able to demonstrate that processing is performed in accordance with that Regulation and the provisions specifying its requirements in this Regulation. In particular those measures should ensure the security of personal data processed under this Regulation and in particular to prevent unlawful or unauthorised access or disclosure, alteration or loss of personal data processed. The competent supervisory authority or authorities of each Member State should monitor the lawfulness of the processing of personal data by the authorities concerned, including of the transmission to the authorities competent for carrying out security checks. In particular, data subjects should be notified without undue delay when a security incident is likely to result in a high risk to their rights and freedoms. _________________ 47Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1.
2021/12/09
Committee: LIBE
Amendment 704 #

2020/0279(COD)

Proposal for a regulation
Recital 72
(72) The examination procedure should be used for the adoption of a standard form for the exchange of relevant information on unaccompanied minors; of uniform conditions for the consultation and exchange of information on minors and dependent persons; of uniform conditions on the preparation and submission of take charge requests and take back notifications; of two lists of relevant elements of proof and circumstantial evidence, and the periodical revision thereof; of a laissez passer; of uniform conditions for the consultation and exchange of information regarding transfers; of a standard form for the exchange of data before a transfer; of a common health and vulnerabilities certificate; of uniform conditions and practical arrangements for the exchange of information on a person’s health data before a transfer, and of secure electronic transmission channels for the transmission of requests.
2021/12/09
Committee: LIBE
Amendment 738 #

2020/0279(COD)

Proposal for a regulation
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum and migration in the Union and the proper implementation of the Common European Asylum System;
2021/12/09
Committee: LIBE
Amendment 755 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
(aa) ‘stateless person’ means a person who is not considered as a national by any State under the operation of its law;
2021/12/09
Committee: LIBE
Amendment 792 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point ii
(ii) the minor or adult dependent 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,
2021/12/09
Committee: LIBE
Amendment 794 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarrieor an adult dependent child, the father, mother or another adult responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
2021/12/09
Committee: LIBE
Amendment 800 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point iv
(iv) where the beneficiary of international protection is a minor and unmarrieor an adult dependent child, 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,
2021/12/09
Committee: LIBE
Amendment 811 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point g – point v a (new)
(va) As a derogation to points (ii), (ii) and (iv), where the minor is married, the adult spouse constitutes a member of family provided that the marriage is in accordance with the relevant national law had it been contracted in the Member State concerned, in particular having regard to the legal age of marriage.
2021/12/09
Committee: LIBE
Amendment 817 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years. This is to be assessed, where applicable, at the time his or her application for international protection is made;
2021/12/09
Committee: LIBE
Amendment 825 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point k
(k) ‘representativeguardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to ensursafeguarding the best interests of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX [Asylum Procedure Regulation];
2021/12/09
Committee: LIBE
Amendment 846 #

2020/0279(COD)

(q) ‘risk of absconding’ means the existence of specific reasons and circumstances in an individual case, which are based on objective criteria defined by national lawand common criteria, clearly defined, to believe that an applicant who is subject to a transfer procedure may abscond. Such criteria shall be defined pursuant to the procedure in Article 2a;
2021/12/09
Committee: LIBE
Amendment 881 #

2020/0279(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point w
(w) ‘migratory pressure’ means a situation where there is a largecertain number of arrivals of third-country nationals or stateless persons, or a risk of such arrivals, including where this stems from arrivals following search and rescue operations, as a result of the geographical location of a Member State and the specific developments in third countries which generate migratory movements that place a burden even on well-prepared asylum and reception systems and requires immediate action and which causes the Member State concerned not to be able to fulfil its legal obligations under the Common European Asylum System;
2021/12/09
Committee: LIBE
Amendment 1048 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregular migration to the territories of the Member States, in close cooperation and partnership with relevant third countries, including as regards the prevention and fight against migrant smuggling and human trafficking;
2021/12/09
Committee: LIBE
Amendment 1055 #

2020/0279(COD)

Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
(ba) Provide and invest in adequate reception, including measures to protect those with special needs such as children.
2021/12/09
Committee: LIBE
Amendment 1146 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph -1 (new)
-1. In accordance with Article 3(2)(a), the Commission, in cooperation with the Member States as well as Union bodies, offices and agencies, shall build tailor- made and mutually beneficial partnerships with relevant third-countries in view of better achieving the Union’s objectives in the field of asylum and migration. Such partnerships shall provide a framework for better coordination of policies with third-countries and create a win-win situation for both partners, and be based on human rights, rule of law and on the respect of the Union’s common values. They shall primarily be based on a ‘more for more’ approach, whereby more cooperation from the side of a third- country should result in more support from the Union in various policy areas. This may include cooperation on capacity-building for the reception of refugees, visa policies, development assistance, return and readmission agreements, border management, fighting human trafficking and smuggling networks, protection of human rights, especially the rights of the child.
2021/12/09
Committee: LIBE
Amendment 1149 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall engage a high level dialogue with that third-country and the Member States to find common and fair solutions for a better functioning of the partnership. If the high-level dialogue does not generate sufficient improvements, the Commission shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
2021/12/09
Committee: LIBE
Amendment 1153 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Where the Commission, on the basis of the analysis carried out in accordance with Article 25a(2) or (4) of Regulation (EU) No 810/2009 of the European Parliament and of the Council57 and of any other information available, considers that a third country is not cooperating sufficiently on the readmission of illegally staying third-country nationals, and without prejudice to Article 25(a)(5) of that Regulation, it shall submit a report to the Council including, where appropriate, the identification of any measures which could be taken to improve the cooperation of that third country as regards readmission, taking into account the Union’s overall relations with the third country. These measures shall never be in contradiction with EU values or principles. _________________ 57Regulation (EC) No 810/2009 of the European Parliament and of the Council, of 13 July 2009, establishing a Community Code on Visas, OJ L 243, 15.9.2009, p. 1.
2021/12/09
Committee: LIBE
Amendment 1155 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 1 a (new)
1a. Measures undertaken should always respect human rights, in particular the rights of the child.
2021/12/09
Committee: LIBE
Amendment 1167 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency and fundamental rights compliance of the cooperation referred to under this Article, and report to the European Parliament and the Council. Relevant EU agencies and bodies shall report to the Commission for this annual evaluation, such as the European Border and Coast Guard Agency, the Fundamental Rights Agency, the European Court of Auditors and the EU Asylum Agency.
2021/12/09
Committee: LIBE
Amendment 1168 #

2020/0279(COD)

Proposal for a regulation
Article 7 – paragraph 4
4. The Commission shall keep the European Parliament regularly informed of the implementation of this ArticleOn an annual basis, the Commission shall evaluate the efficiency of the partnerships referred to in the first paragraph, as well as the implementation of this Article, and report to the European Parliament and the Council.
2021/12/09
Committee: LIBE
Amendment 1340 #

2020/0279(COD)

Proposal for a regulation
Article 11 – paragraph 2 – introductory part
2. The information referred to in paragraph 1 shall be provided in writing in a language that the applicant understands or is reasonably supposed to understand. Member States shall use the common information material drawn up in clear and plain language pursuant to paragraph 3 for that purpose. When the applicant is a minor, information shall be provided in a child-friendly manner, both in written and oral form.
2021/12/09
Committee: LIBE
Amendment 1431 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point a
(a) The right to family life, including family reunification possibilities;
2021/12/09
Committee: LIBE
Amendment 1438 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point b
(b) the minor’s well-being and social development, taking into particular consideration the minor’s backgroundethnic, religious, cultural and linguistic background, while having regard to the need for stability and continuity in care and custodial arrangements and access to health and education services;
2021/12/09
Committee: LIBE
Amendment 1448 #

2020/0279(COD)

Proposal for a regulation
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor being a victim of any form of violence and exploitation, including trafficking in human beings or violence within the family;
2021/12/09
Committee: LIBE
Amendment 1507 #

2020/0279(COD)

Proposal for a regulation
Article 15 – paragraph 2
2. The Member State responsible shall be that where a family member of the unaccompanied minor is legally present, unless it is demonstrated that it is not in the best interests of the minor. Where the applicant is a married minor whose spouse is not legally present on the territory of the Member States, the Member State responsible shall be the Member State where the father, mother or other adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present. In a scenario where the applicant is a married minor below the age of 16, the Member State responsible shall still be the Member State where the father, mother or other non- spouse adult responsible for the minor, whether by law or by the practice of that Member State, or sibling is legally present, regardless of whether the adult spouse of the minor is legally present or not within a Member State.
2021/12/09
Committee: LIBE
Amendment 1561 #

2020/0279(COD)

Proposal for a regulation
Article 20 – paragraph 1
1. Where the applicant is in possession of a diploma or qualification issued by an education establishment or a certificate of vocational competency established in a Member State and the application for international protection was registered after the applicant left the territory of the Member States following the completion of his or her studies, the Member State in which that education establishment is established shall be responsible for examining the application for international protection.
2021/12/09
Committee: LIBE
Amendment 1799 #

2020/0279(COD)

Proposal for a regulation
Article 32 – paragraph 4 – subparagraph 1
Member States shall ensure that information on persons or entities that may provide legal assistance to the person concerned is communicated to the person concerned together with the decision referred to in paragraph 1, when that information has not been already communicated.
2021/12/09
Committee: LIBE
Amendment 1956 #

2020/0279(COD)

Proposal for a regulation
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning vulnerable persons including disabled persons, elderly people, pregnant women, minors and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
2021/12/09
Committee: LIBE
Amendment 1959 #

2020/0279(COD)

Proposal for a regulation
Article 39 – paragraph 1 – subparagraph 1
The Commission shall, by means of implementing acts, draw up the common health and vulnerabilities certificate. Those implementing acts shall be adopted in accordance with the examination procedure laid down in Article 67(2).
2021/12/09
Committee: LIBE
Amendment 2092 #

2020/0279(COD)

Proposal for a regulation
Article 46 – paragraph 1
A Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Parte solidarity between the Member States pursuant to this Regulation.
2021/12/09
Committee: LIBE
Amendment 2093 #

2020/0279(COD)

Proposal for a regulation
Article 46 – paragraph 1 a (new)
The Solidarity Forum should comprise all Member States, whose representatives shall have the appropriate level of responsibility and decision-making for its purpose. Should one or several Member States decide not to participate, the Solidarity Forum shall still be convened within the margins of a qualified majority. The Commission may request the Asylum Agency, the European Border and Coast Guard Agency, and the External Action Service to be represented.
2021/12/09
Committee: LIBE
Amendment 2095 #

2020/0279(COD)

Proposal for a regulation
Article 46 a (new)
Article 46a Annual solidarity pool 1. Each year, the Commission shall set up an ‘Annual solidarity pool’ composed of the Member States’ contributions commitments for the upcoming year. 2. The Annual solidarity pool shall consist of: (a) a specific solidarity pool for search and rescue operations which shall be activated for a Member State where search and rescue operations generate recurring arrivals of third-country nationals or stateless persons onto its territory, pursuant to Articles 47, 48 and 49. That pool shall consist of solidarity contributions referred to in Article 47(4); (b) a general solidarity pool which shall be activated in the event a Member State is under migratory pressure, pursuant to Articles 49a. That pool shall consist of solidarity contributions referred to in Article 45(1); 3. Where at the end of the one year period referred to in the first paragraph the contributions commitments have not been used, or not entirely, that commitments shall be deleted.
2021/12/09
Committee: LIBE
Amendment 2198 #

2020/0279(COD)

Article 49a Solidarity pool for a Member State under migratory pressure 1. Each year, on the basis of annual projection indicated in the Migration Management Report referred to in Article 6(4), third subparagraph, the Commission shall draw on a solidarity pool and coordinate the distribution of contributions when a Member State is under pressure. 2. Within two weeks of the adoption of the Migration Management Report, the Commission shall invite all other Member States that are not expected to be under migratory pressure to provide solidarity contributions referred to in Article45(1). 3. Within one month of the adoption of the Migration Management Report, Member States shall submit to the Commission their solidarity contributions commitments, including the share of each type of contribution where relevant. Where the contributions includes return sponsorship, Member States shall indicate the nationalities of the illegally staying third-country nationals present on the territory of the Member State concerned that they intend to sponsor. Where Member States indicate capacity- building measures set out in Article 45(2), point (d) they shall also indicate the detailed arrangements and the time frame for their implementation. 4. Where the Commission considers that the contributions indicated by the Member States do not correspond to the needs identified in the Migration Management Report provided for in Article 6(4), it shall convene the Solidarity Forum within a maximum time of two weeks. In such cases, the Commission shall invite Member States to adjust their contributions in the course of the Solidarity Forum by submitting a revised version of their contributions.
2021/12/09
Committee: LIBE
Amendment 2406 #

2020/0279(COD)

Proposal for a regulation
Article 55 – paragraph 1
1. A Member State may commit to support a Member State to return illegally staying third-country nationals by means of return sponsorship whereby, acting in close coordination with the benefitting Member State, it shall take measures to carry out the return of those third-country nationals from the territory of the benefitting Member State. The return process shall be carried out in such a manner that it respects the human dignity of the illegally staying third country national.
2021/12/10
Committee: LIBE
Amendment 152 #

2020/0278(COD)

Proposal for a regulation
Recital 1
(1) The Schengen area was created to achieve the Union’s objective of establishing an area without internal frontiers in which the free movement of persons, goods and services is ensured, as set out in Article 3(2) of the Treaty on European Union (TEU). The good functioning of this area relies on mutual trust between the Member States and efficient management of the external border.
2022/01/26
Committee: LIBE
Amendment 158 #

2020/0278(COD)

Proposal for a regulation
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoiddo not undergo border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third- country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.
2022/01/26
Committee: LIBE
Amendment 165 #

2020/0278(COD)

Proposal for a regulation
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficiently to the relevant procedures which, depending on the circumstances, can be procedures for international protection oras laid down in Regulation (EU) XXX/202X (Asylum Procedure Regulation), procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 or a refusal of entry in accordance with Regulation (EU) 2016/399 without prejudice to the Members States' discretion in accordance with Article 6(5) of Regulation (EU) 2016/399. The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
2022/01/26
Committee: LIBE
Amendment 171 #

2020/0278(COD)

Proposal for a regulation
Recital 4
(4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help to combatreduce illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protection.
2022/01/26
Committee: LIBE
Amendment 183 #

2020/0278(COD)

Proposal for a regulation
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
2022/01/26
Committee: LIBE
Amendment 189 #

2020/0278(COD)

Proposal for a regulation
Recital 7
(7) In order to ensure a swift and better handling of third-country nationals who try to avoiddid not undergo border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public healthsafeguarding of fundamental rights, the protection of public health, the management of vulnerable cases, the examination of the need for international protection and the application of return procedures.
2022/01/26
Committee: LIBE
Amendment 199 #

2020/0278(COD)

Proposal for a regulation
Recital 9
(9) With regard to those persons who apply for international protection, the screening should be immediately followed by an examination of the need for international protection. It should allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thus speeding up that examination. The screening should also ensure that vulnerable persons and persons with specialfic needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
2022/01/26
Committee: LIBE
Amendment 208 #

2020/0278(COD)

Proposal for a regulation
Recital 12
(12) The screening should be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territoryany location within the territory of the Member State, including at locations situated at or in proximity to the external border, provided that the relevant provisions laid out in Directive (EU) XXX/XXX [Reception Conditions Directive recast] can be applied. The Member States should apply measures pursuant to Unational law to prevent the persons concerned from entering the territory during the screening. In individual cases, where requiraccordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast], a Member State shall not decide to hold an applicant in detention until it has individually assessed, this may include detention, subject to the national law regulating that matter. at applicant’s case and effectively considered alternatives to detention or less coercive measures. Deprivation of liberty should always be a measure of last resort and in accordance with Article 5 of the European Convention on Human Rights (ECHR).
2022/01/26
Committee: LIBE
Amendment 231 #

2020/0278(COD)

Proposal for a regulation
Recital 16
(16) On completion of the screening, the third-country nationals concerned should be referred to the relevant procedure to establish responsibility for examining an application for and to assess the need for international protection, or be made subject to procedures respecting Directive 2008/115 (return directive), or be refused entry in accordance with Regulation (EU) 2016/399 without prejudice to Article 6(5) of Regulation(EU) 2016/399 as appropriate. The relevant information obtained during the screening should be provided to the competent authorities to support the further assessment of each individual case, in full respect of fundamental rights. The procedures established by Directive 2008/115 should start applying only after the screening has ended. Article 26 and 27 of the Asylum Procedures Regulation should apply only after the screening has ended. This should be without prejudice to the fact that the persons applying for international protection at the moment of apprehension, in the course of border control at the border crossing point or during the screening, should be considered applicants for international protection to whom Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Directive (EU) XXX/XXX [Reception Conditions Directive recast] apply.
2022/01/26
Committee: LIBE
Amendment 236 #

2020/0278(COD)

Proposal for a regulation
Recital 17
(17) The screening could also be followed by relocation, including under the mechanism for solidarity established by Regulation (EU) XXX/XXX [Asylum and Migration Management] where a Member State is contributing to solidarity on a voluntary basis or the applicants for international protection are not subject to the border procedure pursuant to Regulation (EU) No. XXX/XXX (Asylum Procedures Regulation), or under the mechanism addressing situations of crisis established by Regulation (EU) XXX/XXX [Regulation on situations of crisis].
2022/01/26
Committee: LIBE
Amendment 244 #

2020/0278(COD)

Proposal for a regulation
Recital 19
(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved for exceptional situations at the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal].
2022/01/26
Committee: LIBE
Amendment 250 #

2020/0278(COD)

Proposal for a regulation
Recital 20
(20) The Member States should determine appropriate locations for the screening, including at or in proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. The tasks relaMember States shall guarantede tohat the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 . _________________ 23 Regulation (EU) 2019/1896 of the European Parliamentrelevant reception conditions established by Directive (EU)XXX/XXX [Reception Conditions Directive recast] apply during the screening. Children, families and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1r vulnerable groups should be prioritised and referred to adequate accommodation immediately after arrival.
2022/01/26
Committee: LIBE
Amendment 256 #

2020/0278(COD)

Proposal for a regulation
Recital 21
(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities should also be closely involved in the screening wherever necessaryn dealing with minors or person claiming to be minors to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti- trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 . _________________ 24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.
2022/01/26
Committee: LIBE
Amendment 259 #

2020/0278(COD)

Proposal for a regulation
Recital 22
(22) When conducting the screening, the competent authorities should comply with the Charter of Fundamental Rights of the European Union and ensure the respect for human dignity and should not discriminate against persons on grounds of sex, racial, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinions, membership of a national minority, disability, age or sexual orientation. Particular attention should be paid to the best interests of the chil or gender identity. The best interests of the child should always be the primary consideration in any decision affecting children. Since the administrative detention of children for migration purposes is never in the best interests of the child, unaccompanied children and children with families shall never be detained.
2022/01/26
Committee: LIBE
Amendment 271 #

2020/0278(COD)

Proposal for a regulation
Recital 23
(23) In order to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening, each Member State shouldall establish a monitoring mechanism andduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. It shall put in place adequate safeguards for the independence thereof. The monitoring mechanism should cover in particular the respect for fundamental rights in relation to the screening, as well as the respect for the applicable national rules regardingand effectiveness thereof, launch investigations where necessary and draw up disciplinary and dissuasive measures. The monitoring mechanism should cover in particular the respect for fundamental rights including the use of detention and compliance with the principle of non- refoulement as referred to in Article 3(b) of Regulation (EU) 2016/399. The Fundamental Rights Agency shouldall establish general guidance as to the establishment and the independent functioning of such monitoring mechanism. Member States shouldall furthermore be allowed to request the support of the Fundamental Rights Agency for developing their national monitoring mechanism. Member States should also be allowed to seek advice from the Fundamental Rights Agency with regard to establishing the methodology for this monitoring mechanism and with regard to appropriate training measures. Member States should also be allowed to invite rRelevant and competent national, international and non-governmental organisations and bodies to participate in the monitoring. The independent monitoring mechanism should be without prejudice to the monitoring of fundamental rights provided by the European Border and Coast Guard Agency’s fundamental rights monitors provided for in Regulation (EU) 2019/1896. The Member States should investigate allegations of the breach of the fundamental rights during the screening, including by ensuring that complaints are dealt with expeditiously and in an appropriate wadependently.
2022/01/26
Committee: LIBE
Amendment 278 #

2020/0278(COD)

Proposal for a regulation
Recital 24
(24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection, to the authorities competent for return or to the authorities competent for returnfusal of entry – depending on whom the individual is referred to. In the former case, the authorities resThis should be without prejudice to the ponssible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of theility of Member States to authorise third country nationals to enter and or remain on the territory for other grounds under national, Union or international law. Member States shall ensure that all third- country national concerned to an accelerated examination procedure or to the border procedures subject to the screening are duly informed by qualified and trained staff about their rights and the possibility to apply for international protection.
2022/01/26
Committee: LIBE
Amendment 282 #

2020/0278(COD)

Proposal for a regulation
Recital 24 a (new)
(24 a) Member States should ensure that the procedure of the de-briefing is accompanied by formal procedural safeguards. All third country nationals should have the possibility to challenge the information recorded in the de- briefing form and have access to an effective legal remedy regarding the outcome of the screening.
2022/01/26
Committee: LIBE
Amendment 289 #

2020/0278(COD)

Proposal for a regulation
Recital 26
(26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the qualified health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sight.
2022/01/26
Committee: LIBE
Amendment 291 #

2020/0278(COD)

Proposal for a regulation
Recital 26 a (new)
(26 a) Third country nationals submitted to the screening shall be subject to a preliminary vulnerability check with a view to identifying any vulnerabilities or specific procedural and reception needs within the meaning of point 13 of Article 2(1) of Directive (EU) XXX/XXX [Reception Conditions Directive]. This preliminary vulnerability check should be without prejudice to a full vulnerability assessment in the next procedure as referred to in Article 21 of that Directive.
2022/01/26
Committee: LIBE
Amendment 297 #

2020/0278(COD)

Proposal for a regulation
Recital 27
(27) During the screening, all persons concerned shouldall be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minorsthe same reception conditions apply during the screening as those established by Directive XXX/XXX/EU [Reception Conditions Directive recast] , including access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as listed in Article 20 of Directive(EU) XXX/XXX (Reception Conditions Directive). In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. All the authorities involved in the performance of the tasks related to the screening should respect human dignity, privacy, and refrain from any discriminating actions or behaviour.
2022/01/26
Committee: LIBE
Amendment 298 #

2020/0278(COD)

Proposal for a regulation
Recital 27
(27) During the screening, all persons concerned should be guaranteed a standard of living complying with the Charter of Fundamental Rights of the European Union and have access to emergency health care and essential treatment of illnesses. Particular attention should be paid to individuals with vulnerabilities, such as pregnant women, elderly persons, single parent families, persons with an immediately identifiable physical or mental disability, persons visibly having suffered psychological or physical trauma and unaccompanied minors. In particular, in case of a minor, information should be provided in a child-friendly and age appropriate manner. All the authorities involved in the performance of the tasks related to the screening shouldall respect human dignity, privacy, and refrain from any discriminating actions or behaviour.
2022/01/26
Committee: LIBE
Amendment 306 #

2020/0278(COD)

Proposal for a regulation
Recital 29
(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for no longer than strictly necessary for the purposes of the underlying systems and shouldall automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data. _________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.
2022/01/26
Committee: LIBE
Amendment 312 #

2020/0278(COD)

Proposal for a regulation
Recital 32
(32) Given that many persons submitted to the screening may not carry any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases, albeit in full compliance with GDPR.
2022/01/26
Committee: LIBE
Amendment 318 #

2020/0278(COD)

Proposal for a regulation
Recital 33
(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are specialextraordinary circumstances duly justifying such repetition.
2022/01/26
Committee: LIBE
Amendment 321 #

2020/0278(COD)

Proposal for a regulation
Recital 34
(34) In order to ensure uniform conditions for the implementation of Articles 11(5) and 12(5) of this Regulation, implementing powersthe power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union (TFEU) should be conferrdelegated ton the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council26 . For the adoption of relevant implementing acts, the examination procedure should be used. _________________ 26 Reg in respect of: - the procedure and specifications for retrieving data, processing and using data according to Article 11(5), - the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security according to Articles 12(5). It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of thes be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member State' experts, and their experts systematically have access to meetings of Commission's expercise of implementing power (OJ L 55, 28.2.2011, p. 13)t groups dealing with the preparation of delegated acts.
2022/01/26
Committee: LIBE
Amendment 323 #

2020/0278(COD)

Proposal for a regulation
Recital 35
(35) The screening should also assess whether the entry of the third-country nationals into the Union could pose a threat to internal security or to public policy.
2022/01/26
Committee: LIBE
Amendment 339 #

2020/0278(COD)

Proposal for a regulation
Recital 41
(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law and GDPR. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression as well as child-specific safeguards whenever children are involved.
2022/01/26
Committee: LIBE
Amendment 342 #

2020/0278(COD)

Proposal for a regulation
Recital 42
(42) Since access to EES, ETIAS, VIS and ECRIS-TCN is necessary for the authorities designated to carry out the screening in order to establish whether the person could pose a threat to the internal security or to public policy, Regulation (EC) No 767/2008, Regulation (EU) 2017/2226, Regulation (EU) 2018/1240 and Regulation (EC) No 2019/816, respectively, should be amended to provide for this additional access right which is currently not provided by those Regulations. In the case of Regulation (EU) No 2019/816, this amendment should for reasons of variable geometry take place through a different regulation than the present one.
2022/01/26
Committee: LIBE
Amendment 348 #

2020/0278(COD)

Proposal for a regulation
Recital 45
(45) Since the objectives of this Regulation, namely the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security. As this cannot be achieved by Member States acting alone, it is necessary to establish common rules at Union level. Thus, 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.
2022/01/26
Committee: LIBE
Amendment 365 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 2
The purpose of the screening shall be the strengthening of the controreferral of persons who are about to enter the Schengen area and their referral to the appropriate procedures, the preliminary identification of individuals in situations of vulnerability and in need of health care, as well as those posing a threat to internal security.
2022/01/26
Committee: LIBE
Amendment 373 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entail preliminary health checks, where appropriate, to identify persons vulnerable and those with specific reception or procedural needs, and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
2022/01/26
Committee: LIBE
Amendment 376 #

2020/0278(COD)

Proposal for a regulation
Article 1 – paragraph 4
The screening shall also be carried out within the territory of the Member States where there is no indication that third- country nationals have been subject to controls at external borders.deleted
2022/01/26
Committee: LIBE
Amendment 389 #

2020/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
5 a. ‘stateless person’ means a stateless person as laid down in Article 1 of the Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954;
2022/01/26
Committee: LIBE
Amendment 394 #

2020/0278(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5 c (new)
5 c. ‘guardian’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor in procedures provided for in this Regulation with a view to safeguarding the best interest of the child, and his or her well-being, and exercising legal capacity for the minor where necessary, as defined in Article 4(2)(f) of Regulation (EU) XXX/XXX (Asylum Procedures Regulation);
2022/01/26
Committee: LIBE
Amendment 401 #
2022/01/26
Committee: LIBE
Amendment 429 #

2020/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall not be authorised to enter the territory of a Member State. However, those persons should always be granted the right to remain on the territory of a Member State during the screening procedure and to be treated in accordance with recognised basic human standards in accordance with Article 31 of the Geneva Convention (1951).
2022/01/26
Committee: LIBE
Amendment 431 #

2020/0278(COD)

Proposal for a regulation
Article 4 – paragraph 1 a (new)
1 a. While the persons referred to in Article 3 must remain available to the authorities carrying out the screening, they shall not be detained for the sole reason of undergoing screening. Member States should first consider measures to restrict the freedom of movement of those persons as provided in Article 7 of Directive XXX/XXX/EU [Reception Conditions Directive recast], or should have recourse to other alternatives to detention. Such alternatives should be available both in law and in fact at national level and may be provided, in particular, for applicants with special reception needs, in particular for families with children or other vulnerable persons. Member State can only decide to hold an applicant in detention until it has individually assessed that applicant’s case and effectively considered alternatives to detention or less coercive measures, and on no other grounds than in accordance with Directive (EU) XXX/XXX [Reception Conditions Directive recast]. Such decisions should be subject to judicial oversight. The responsible authorities should consider alternatives to detention, in particular for minors and applicants with specific vulnerabilities. Where possible, minors should be accommodated in non-custodial community-based placements while their immigration status is being resolved. Unaccompanied minors and children with families shall never be detained and shall be placed in appropriate alternative care settings in the national child protection system in line with their best interests and taking into account their views.
2022/01/26
Committee: LIBE
Amendment 449 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 1
1. In the cases referred to in Article 3, the screening shall be conducted at a locations situated at or in proximity to the external border within the territory of the Member State, including situated at or in proximity to the external borders, provided that the relevant provisions laid down in Articles 5, 6, 6a, 7, 8, 9, 10, 11, 12, 16, 17, 18, 20, 21, 22, 23, 24 of Directive XXX/XXX/EU [Reception Conditions Directive recast] can be applied in these locations. Particular attention shall be paid to specific procedural and reception needs, in line with the Article 20 of that directive. Facilities used for the purposes of screening shall be entirely funded from the Union budget. This shall include the construction, running and renovation of current and future facilities.
2022/01/27
Committee: LIBE
Amendment 460 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstances, where a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time- limit, the period of 5 days may be extended by a maximum of an additional 5 days.
2022/01/27
Committee: LIBE
Amendment 470 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 4
4. Member States shall notify the Commission without delay about the exceptional circumstances referred to in paragraph 3. They shall also inform the Commission as soon as the reasons for extending the screening period have ceased to exist.deleted
2022/01/27
Committee: LIBE
Amendment 475 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 5
5. The screening referred to in Article 5 shall be carried out without delay and in any case shall be completed within 3 days from apprehension.deleted
2022/01/27
Committee: LIBE
Amendment 479 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point b
(b) identification as referred to in Article 10; where an individual claims not to have any nationality or when there are reasonable grounds to believe an individual may be stateless, this should be clearly registered pending a full determination of whether the individual is stateless in a separate procedure;
2022/01/27
Committee: LIBE
Amendment 480 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point b a (new)
(b a) a preliminary vulnerability check as referred to in Article 9a;
2022/01/27
Committee: LIBE
Amendment 487 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 6 – point f
(f) referral to the appropriate procedure or refusal of entry as referred to in Article 14.
2022/01/27
Committee: LIBE
Amendment 489 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – introductory part
7. Member States shall designate qualified and competent border authorities to carry out the screening, including asylum authorities and border police, to carry out the identification and security checks and shall ensure that the staff of those competent authorities have received the appropriate training in accordance with Article 18 of Regulation (EU) XXX/XXX [EU Asylum Agency]. They shall deploy appropriate staff and sufficient resources to carry out the screening in an efficient way and within the foreseen timeframe.
2022/01/27
Committee: LIBE
Amendment 492 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1
Member States shall designate qualified and appropriately trained medical staff to carry out the health check provided for in Article 9. National child protection authorities and national anti- trafficking rapporteurs shall also be involved, where appropriate as well as qualified and appropriately trained staff to carry out the vulnerability check provided for in Article 9a. In cases of scarce ressources, national authorities can apply for financial support from the EU budget. Each Member State shall notify the Commission of the authorities listed above. Member States shall inform the Commission of any changes in the identity of such authorities.
2022/01/27
Committee: LIBE
Amendment 496 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 1 a (new)
Member States shall ensure that a legal guardian is appointed when an unaccompanied minor, or a person declaring to be an unaccompanied minor, as soon as the screening starts. For the sake of coherence and consistency, and if this is in the best interest of the child, the guardian should remain the same one in the subsequent procedure. National child protection authorities and national anti- trafficking rapporteurs shall also be involved when the screening is undertook on a minor, whether unaccompanied or not.
2022/01/27
Committee: LIBE
Amendment 499 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 – subparagraph 2
The proper functionning of screening and its compliance with the Charter of Fundamental Rights inherently depends on the availability of adequate and qualified staff at all stages of the procedure. The competent authorities mayshall therefore be assisted or supported in the performance of the screening by experts or liaison officers and teams deployed by Union bodies, offices and agencies, international organisations and non- governmental organisations, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum] within the limits of their mandates. In particular, this shall be the case when the Member State is faced with a situation of mass influx of persons arriving and where its operational structure and asylum system is overburdened. The Commission should also assist the competent authorities in planning the allocation of qualified staff, with a view to ensuring a level playing field in all Member State. Where a Union body, office or agency deems it necessary to propose support to a specific Member State, that Member State should take due account of that proposal and should be able to accept, amend or reject it.
2022/01/27
Committee: LIBE
Amendment 504 #

2020/0278(COD)

Proposal for a regulation
Article 6 – paragraph 7 a (new)
7 a. Third country nationals shall be informed of their right to access free legal advice or counselling during the screening and Member States shall enable such access if the third country nationals request so orally or in writing.
2022/01/27
Committee: LIBE
Amendment 508 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to tduring border surveillance, screening, all asylum and return procedures as well as in situations of crisis in the field of migration and asylum. They screeninghall draw up clear and proportionate disciplinary measures under national law in case allegations prove to be true.
2022/01/27
Committee: LIBE
Amendment 509 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall, without undue delay, adopt relevant provisions to investigate allegations of non-respect for fundamental rights in relation to the screening.
2022/01/27
Committee: LIBE
Amendment 526 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – indent 1
— to ensure compliance with EU and international law, including the Charter of Fundamental Rights, during the screening;
2022/01/27
Committee: LIBE
Amendment 533 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – indent 2
— where applicable, to ensure compliance with Union and national rules on detention of the person concerned, in particular concerning the grounds, conditions and the duration of the detention;
2022/01/27
Committee: LIBE
Amendment 540 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – indent 3
— to ensure that allegations of non- respect for fundamental rights in relation to the screening, including in relation to access to the asylum procedure and non- compliance with the principle of non- refoulement, are dealt with effectively and without undue delaythe best interest of the child, right to health care, data protection and reception conditions are dealt with effectively and without undue delay. Access to justice for affected individuals shall be clarified.
2022/01/27
Committee: LIBE
Amendment 547 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph -1 (new)
-1 Monitoring shall apply to national authorities as well as any EU agencies and bodies involved in the above mentionned procedures. Member States shall invite relevant and independent national, international and non- governmental organisations and bodies, including data protection authorities, to actively participate in the monitoring. Member States shall give the monitoring authorities unhindered access to relevant documents and facilities.
2022/01/27
Committee: LIBE
Amendment 552 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Member States shall put in place adequate safeguards to guarantee the independence of the mechanism, in line with criteria recognised under relevant international human rights law and standards. These safeguards shall include selecting independent relevant national and international actors, including at least one representative from the Fundamental Rights Agency (FRA) and one representative from the EU Ombudsman or national ombudspersons, to review the independence of the mechanism on an annual basis and report back to the Commission, the Council and the European Parliament.
2022/01/27
Committee: LIBE
Amendment 560 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
The Fundamental Rights Agency shall issue general guidance for Member States on the setting up of such mechanism and its independent functioning. Furthermore, Member States mayshould request the Fundamental Rights Agency to support them in developing their national monitoring mechanism, including the safeguards for independence of such mechanisms, as well as the monitoring methodology and appropriate training schemes.
2022/01/27
Committee: LIBE
Amendment 568 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3
Member States may invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring.deleted
2022/01/27
Committee: LIBE
Amendment 575 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
Member States shall, on an annual basis, report back to the Commission, the Council and the European Parliament on potential allegations of non-respect for fundamental rights in relation to the screening process, if any.
2022/01/27
Committee: LIBE
Amendment 576 #

2020/0278(COD)

Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 3 a (new)
If needed, the mechanism should be able to receive funding via the Integrated Border Management Fund (IBMF) or any other relevant EU fund.
2022/01/27
Committee: LIBE
Amendment 584 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 1 – introductory part
1. Third-country nationals subject to the screening shall be succinctly and adequately informed about the purpose and the modalities of the screening:
2022/01/27
Committee: LIBE
Amendment 590 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 1 – point b
(b) the rights and obligations of third country nationals during the screening, including the possibility to contact and be contacted by organisations which provide information and legal assistance as referred to in Article 8(4) as well as the obligation on them to remain in the designated facilities during the screening.
2022/01/27
Committee: LIBE
Amendment 607 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point a
(a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent this information has not been given already;
2022/01/27
Committee: LIBE
Amendment 609 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 2 – point b
(b) where they have applied, or there are indications that they wish to apply, for international protection, information on the obligation to apply for international protection in the Member State of first entry or legal stay set out in Article [9(1) and (2)] of Regulation (EU) No XXX/XXX [ex-Dublin Regulation], the consequences of non- compliance set out in Article [10(1)] of that Regulation, and the information set out in Article 11 of that Regulation as well as on the procedures that follow the making of an application for international protection;
2022/01/27
Committee: LIBE
Amendment 616 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 3
3. The information provided during the screening shall be given in a language and format which the third-country national understands or is reasonably supposed to understand. The information shall be given in writing and, in exceptional circumstances, where necessary, orally using interpretation services where necessary. It shall be provided in an appropriate manner taking into account the age and the gender of the person. When the person is a child, information shall be provided in a child- friendly manner.
2022/01/27
Committee: LIBE
Amendment 626 #

2020/0278(COD)

Proposal for a regulation
Article 8 – paragraph 4
4. Member States mayshall authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationals with information under this article and legal advice during the screening according to the provisions established by national law.
2022/01/27
Committee: LIBE
Amendment 631 #

2020/0278(COD)

Proposal for a regulation
Article 9 – title
Health checks and vulnerabilitiePreliminary health checks
2022/01/27
Committee: LIBE
Amendment 633 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary medical examination by qualified medical staff with a view to identifying any needs for immediate care or isolation on public health grounds, unless, based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening, the relevant competent authorities are satisfied that no preliminary medical screening is necessary. In that case, they shall inform those persons accordinglyand long-term care, as well as isolation on public health grounds.
2022/01/27
Committee: LIBE
Amendment 641 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 2
2. Where relevantIn addition, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, which can include victims of torture or have special reception or procedural needs within the meaning of Article 20 of the [recast] Reception Conditions Directive.
2022/01/27
Committee: LIBE
Amendment 643 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shall receive timely and adequate support in view of their physical and mental health. In the case of minors, support shall be given by personnel trained and qualified to deal with minors, and in cooperation with child protection authorities.deleted
2022/01/27
Committee: LIBE
Amendment 650 #

2020/0278(COD)

Proposal for a regulation
Article 9 – paragraph 4
4. Where it is deemed necessary based on the circumstances, third-country nationals submitted to the screening referred to in Article 5 shall be subject to a preliminary medical examination, notably to identify any medical condition requiring immediate care, special assistance or isolation.deleted
2022/01/27
Committee: LIBE
Amendment 654 #

2020/0278(COD)

Proposal for a regulation
Article 9 a (new)
Article 9 a Preliminary vulnerability check 1. Third-country nationals submitted to the screening referred to in Article 3 shall be subject to a preliminary vulnerability check with a view to identifying any vulnerabilities or specific procedural and reception needs within the meaning of Article 2(1), point 13 of Directive (EU) XXX/XXX [Reception Conditions Directive recast]. This preliminary vulnerability check should be without prejudice to a full vulnerability assessment in the next procedure as referred to in Article 21 of that Directive. 2. The vulnerability check shall be done by staff trained specifically for that purpose and in line with the list in Article 20 of Directive (EU) XXX/XXX [Reception Conditions Directive recast]. It shall be ensured that there is sufficient staff to carry out these checks thoroughly and efficiently. 3. Where there are initial indications of vulnerabilities or specific reception or procedural needs, it must be ensured that the third-country national concerned receives timely and adequate support in view of their physical and mental health during the screening process and that this is continued in the next procedure the person is referred to. If screening measures amount to detention, alternatives to detention or less coercive measures shall apply. 4. Initial indications of vulnerabilities or specific reception or procedural needs must be indicated clearly on the de- briefing form.
2022/01/27
Committee: LIBE
Amendment 656 #

2020/0278(COD)

Article 9 b Special guarantees for unaccompanied minors 1. The best interest of the child shall be the primary concern at every step of the screening, in line with the safeguards provided for in Directive (EU) XXX/XXX [Reception Conditions Directive recast], in particular Articles 11, 12, 13, 14, 20, 21, 22 and 23. 2. Minors, whether accompanied or unaccompanied, shall be considered applicants in need of specific procedural guarantees. 3. The appointed guardians of non- accompanied minors as referred to in Article 6 of this Regulation shall have the necessary qualifications and expertise and receive continuous and appropriate training to that end, and shall not have a verified criminal record, with particular regard to any of child-related crimes or offences. After his or her appointment, the guardian’s criminal record shall be regularly reviewed by the competent authorities to identify potential incompatibilities with his or her role. 4. Screening shall not entail an age assessment procedure.
2022/01/27
Committee: LIBE
Amendment 661 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point b
(b) data or information provided by or obtained from the third-country national concerned; and
2022/01/27
Committee: LIBE
Amendment 663 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 1 – point c
(c) biometric data, as defined in Regulation (EU) XXX/XXX [Eurodac Regulation];
2022/01/27
Committee: LIBE
Amendment 671 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 2
2. For the purpose of the identification referred to in paragraph 1, the designated competent authorities shall query any relevant national databases as well as the common identity repository (CIR) referred to in Article 17 of Regulation (EU) 2019/817. The biometric data of a third- country national taken live during the screening, as well as the identity data and, where available, travel document data shall be used to that end.
2022/01/27
Committee: LIBE
Amendment 674 #

2020/0278(COD)

Proposal for a regulation
Article 10 – paragraph 4 a (new)
4 a. Querying the CIR shall be limited to pure consultation. Storage or use of data for other purposes than identifying the individual shall be strictly prohibited.
2022/01/27
Committee: LIBE
Amendment 678 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Third country nationals submitted to the screening pursuant to Article 3 or Article 5 shall undergo a security check to verify that they do not constitute a threat to internal security. The security check may cover both the third-country nationals and the objects in their possession. The law of the Member State concerned shall apply to any searches carried out, the principles of necessity and proportionality as well as GDPR shall apply to any searches carried out and shall be scrutinised by the fundamental rights monitoring mechanism set up under Article 7 of this Regulation.
2022/01/27
Committee: LIBE
Amendment 682 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. For the purpose of conducting the security check referred to in paragraph 1, and to the extent that they have not yet done so in accordance with Article 8(3), point (a)(vi), of Regulation (EU) 2016/399, the competent authorities designated to carry out the screening shall query relevant national and Union databases, in particular the Schengen Information System (SIS).
2022/01/27
Committee: LIBE
Amendment 685 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 3
3. To the extent it has not been already done during the checks referred to in Article 8 of Regulation (EU) 2016/399, the designated competent authority shall query the Entry/Exit System (EES), the European Travel Information and Authorisation System (ETIAS), including the ETIAS watch list referred to in Article 29 of Regulation (EU) 2018/1240, the Visa Information System (VIS), the ECRIS- TCN system as far as convictions related to terrorist offences and other forms of serious criminal offences are concerned, the Europol data processed for the purpose referred to in Article 18(2), point (a), of Regulation (EU) 2016/794, and the Interpol Travel Documents Associated with Notices database (Interpol TDAWN) with the data referred to in Article 10(1) and using at least the data referred to under point (c) thereof.
2022/01/27
Committee: LIBE
Amendment 689 #

2020/0278(COD)

Proposal for a regulation
Article 11 – paragraph 5
5. The Commission shall adopt implementingdelegated acts setting out the detailed procedure and specifications for retrieving data. Those implementing, processing and using data. Those delegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
2022/01/27
Committee: LIBE
Amendment 691 #

2020/0278(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. The queries provided for in Article 10(2) and in Article 11(2) mayshall be launched using, for queries related to EU information systems and the CIR, the European Search Portal in accordance with Chapter II of Regulation (EU) 2019/817 and with Chapter II of Regulation (EU) 2019/81836 . _________________ 36 Regulation (EU) 2019/818 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of police and judicial cooperation, asylum and migration, OJ L 135, 22.5.2019, p. 85.
2022/01/27
Committee: LIBE
Amendment 701 #

2020/0278(COD)

Proposal for a regulation
Article 12 – paragraph 5
5. The Commission shall adopt implementingdelegated acts to specify the procedure for cooperation between the authorities responsible for carrying out the screening, Interpol National Central Bureaux, Europol national unit, and ECRIS-TCN central authorities, respectively, to determine the risk to internal security. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 15(2).
2022/01/27
Committee: LIBE
Amendment 712 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b
(b) initial indication of nationalities or statelessness, countries of residence prior to arrival and languages spoken;
2022/01/27
Committee: LIBE
Amendment 715 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b a (new)
(b a) relevant information on the preliminary health checks, in accordance with GDPR;
2022/01/27
Committee: LIBE
Amendment 716 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point b b (new)
(b b) relevant information of the preliminary vulnerabilities check as well as specific reception or procedural needs identified and /or the checks that were not completed during the screening procedure;
2022/01/27
Committee: LIBE
Amendment 719 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point c
(c) reason for unauthorised arrival, entry, and, where appropriate illegal stay or residencecircumstances of arrival, entry, including information on whether the person made an application for international protection;
2022/01/27
Committee: LIBE
Amendment 727 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point e
(e) information on assistance provided by a person or a criminal organisation in relation to unauthorised crossing of the border, and any related information in cases of suspected smuggling.deleted
2022/01/27
Committee: LIBE
Amendment 730 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 – point e a (new)
(e a) information on family members or close adult relatives present in the EU as defined in Directive (EU) XXX/XXX [Reception Conditions Directive recast];
2022/01/27
Committee: LIBE
Amendment 733 #

2020/0278(COD)

Proposal for a regulation
Article 13 – paragraph 1 a (new)
The de-briefing form is an administrative decision amenable to appeal. The person shall be advised about appeal channels and receive a copy of the de-briefing form before the form is transmitted to the authorities and be able to review, rectify and challenge the information provided in the de-briefing form.
2022/01/27
Committee: LIBE
Amendment 747 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 1
— have not expressed their wish to appliedy for international protection and
2022/01/27
Committee: LIBE
Amendment 753 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1 – indent 2 a (new)
- are not eligible to enter or remain on the territory for any other ground under Member State legislation, Union or international law;
2022/01/27
Committee: LIBE
Amendment 762 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 2
In cases not related to search and rescue operations, entry may be refused in accordance with the full procedure laid down in Article 14 of Regulation 2016/399.
2022/01/27
Committee: LIBE
Amendment 765 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 3 a (new)
In cases affecting minors, the best interests of the child shall be the primary consideration. This requires that procedures respecting Directive (EU) 2008/115/EC (Return Directive) may only be applied after a documented best interests of the child procedure is carried out by a multidisciplinary team assessing and identifying a durable solution. If the procedure concludes that return is considered to be in the best interests of the child, priority should be given to implementation through voluntary departure with child-specific assistance.
2022/01/27
Committee: LIBE
Amendment 768 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Third-country nationals who made an application for international protection shall be referred to the asylum authorities referred to in Article XY of Regulation (EU) No XXX/XXX [Asylum Procedure Regulation], together with the form referred to in Article 13 of this Regulation. On that occasion, the authorities conducting the screening shall point in the de-briefing form to any elements which seem at first sight to be relevant to refer the third-country nationals concerned into the accelerated examination procedure or the border procedure.
2022/01/27
Committee: LIBE
Amendment 783 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 7
7. Where the third country nationals referred to in Article(s) 3(1) and Article 5 are referred to an appropriate procedure regarding asylum or return, return or refusal of entry, the screening ends. Where not all the checks have been completed within the deadlines referred to in Article 6(3) and (5), the screening shall nevertheless end with regard to that person, who shall be referred to a relevant procedurethen automatically be referred to the ordinary asylum procedure laid down in Regulation (EU) XXX/202X (Asylum Procedures Regulation).
2022/01/27
Committee: LIBE
Amendment 787 #

2020/0278(COD)

Proposal for a regulation
Article 14 – paragraph 7 a (new)
7 a. The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of the outcome of the screening in accordance with national law. A written indication of contact points able to provide information on representatives competent to act on behalf of the third- country national in accordance with national law shall also be given to the third-country national in a language that they understand. The appeal shall be lodged immediately after the referral has been communicated to the third-country national. Lodging such an appeal shall not have suspensive effect on the referral of the third country national to the subsequent procedure. The appeal shall be processed rapidly and its outcome communicated in writing to the third- country national.
2022/01/27
Committee: LIBE
Amendment 803 #

2020/0278(COD)

Proposal for a regulation
Article 20 – paragraph 1
[Three year18 months after entry into force, the Commission shall report on the implementation of the measures set out in this Regulation.]
2022/01/27
Committee: LIBE
Amendment 807 #

2020/0278(COD)

Proposal for a regulation
Article 20 – paragraph 2
No sooner than [fivthree] years after the date of application of this Regulation, and every five years thereafter, the Commission shall carry out an evaluation of this Regulation. The Commission shall present a Report on the main findings to the European Parliament, the Council and the European Economic and Social Committee. Member States shall provide the Commission all information necessary for the preparation of that report, at the latest six months before the [five] years’ time limit expires.
2022/01/27
Committee: LIBE
Amendment 86 #

2020/0277(COD)

Proposal for a regulation
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL addressing situations of crisis and force majeure in the field of migration and asylum (Text with EEA relevance)
2022/01/28
Committee: LIBE
Amendment 96 #

2020/0277(COD)

Proposal for a regulation
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity and shared responsibility between Member States, which is fair towards third- country nationals.
2022/01/28
Committee: LIBE
Amendment 107 #

2020/0277(COD)

Proposal for a regulation
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union hasworks externally to manage migration and has also internally at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and thatin which all the necessary measures are put in place to prevent crisis to happen.
2022/01/28
Committee: LIBE
Amendment 116 #

2020/0277(COD)

Proposal for a regulation
Recital 4
(4) Notwithstanding the putting in place of the necessary preventive measures, it cannot be excluded that a situation of crisis or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.
2022/01/28
Committee: LIBE
Amendment 120 #

2020/0277(COD)

Proposal for a regulation
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure, in particular, the effective application of the principle preparedness to alleviate pressure on the external borders of the Union in situations of mass influx of persons crossing the border irregularly and put operational cooperation structures in place to prevent that this would overburden the asylum systems of the Member States. In such situations of crisis, Member States shall work together in a spirit of solidarity and fair sharing of responsibility andthrough the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures. This Regulation should be triggered complementary to the Union’s financial, operational and diplomatic efforts responding to any migration or humanitarian crisis in one or more third countries, including by making use of anticipation and early warning tools available under the EU Mechanism for Migration Preparedness [Crisis Blueprint]2a. _________________ 2a Commission Recommendation of 23 September 2020 on an EU Mechanism for Preparedness and Management of Crises related to Migration (C(2020) 6469, 23.9.2020).
2022/01/28
Committee: LIBE
Amendment 126 #

2020/0277(COD)

Proposal for a regulation
Recital 5 a (new)
(5a) The measures in this Regulation are based on integrated policy-making in the field of asylum and migration management and take into account the phenomenon of mixed arrivals of persons in need of international protection and those who are not. The measures are put in place in recognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole.
2022/01/28
Committee: LIBE
Amendment 129 #

2020/0277(COD)

Proposal for a regulation
Recital 5 b (new)
(5b) The measures in this Regulation are based on a mandatory solidarity between Member States in situations of crisis and intend to enhance the preparedness and resilience of Member States to manage migration and situations of crisis. They aim to facilitate operational coordination and concrete financial, operational and capacity support in situations of crisis in the field of asylum and migration.
2022/01/28
Committee: LIBE
Amendment 139 #

2020/0277(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) Member States in a situation of crisis can request the application of the measures in this Regulation individually or cumulatively. The implementing acts adopted by the Commission pursuant to this Regulation may apply to one or more Member States, if the conditions specified for the application of this Regulation are met individually by each Member State.
2022/01/28
Committee: LIBE
Amendment 145 #

2020/0277(COD)

Proposal for a regulation
Recital 7
(7) In addition to situFollowing sudden and unforeseen events, even well-prepared asylum, migrations, of crisis, Member Star return systems may be faced with abnormal and unforeseeable circumstances outside their control, the consequences of which could not have been avoided in spite of the exercise of all duoverburdened. As a result, the Member State concerned may need to deviate resources to the task of managing the care. Such situations of force majeure could make it impossible to respect the time limits set by Regulations (EU) XXX/XXX [Asylum Procedures Regulation] and (EU) XXX/XXX [Asylum and Migration Management] for registering applications for international protectrival of third-country nationals or stateless persons at its borders and require time to reorganise and increase its capacity, including with the support of the EU agencies. Extensions or carrying out the procedures for determining the Member State responsible for examining an application for international protectionf time limits should therefore help the Member States in executing their responsibilities under Union law, including Article 18 of the Charter of Fundamental Rights, providing for more flexibility to deal with the increased workload. In order to ensure that the common asylum system continues functioning in an efficient and fair manner, while guaranteeing a timely examination of international protection needs and legal certainty, longer time limits for the registration of applications and for the procedural steps required for determining responsibility and transferring applicants to the responsible Member State should apply in such situations. Member States faced with a situation of force majeure should also be able to implement the solidarity measures that they have to take pursuant to the solidarity mechanism set out in this Regulation and in Regulation (EU) XXX/XXX [Asylum and Migration Management] within an extended time frame, where necessaryand for the screening procedure should apply in such situations.
2022/01/28
Committee: LIBE
Amendment 170 #

2020/0277(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) In order to ensure that such contributions are in proportion to the share of the contributing Member State, the Commission should be able to increase or decrease such contributions by adopting an implementing act, in accordance with Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 171 #

2020/0277(COD)

Proposal for a regulation
Recital 10 b (new)
(10b) The solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State in a situation of crisis in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/403a. Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 3a Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
2022/01/28
Committee: LIBE
Amendment 172 #

2020/0277(COD)

Proposal for a regulation
Recital 10 c (new)
(10c) The solidarity provisions in situations described in this Regulation should be accompanied by immediate measures to ensure humanitarian protection, including first essential services, as well as dignified reception in compliance with the Directive XXX/XXX/EU [Reception Conditions Directive recast ] and adequate access to international protection procedures. For this purpose, existing crisis measures in the field of capacity building and operational support may be activated in such situations, under the coordination EU Mechanism for Migration Preparedness [Crisis Blueprint] and through the emergency support provided within the Union Civil Protection Mechanism (UCPM). Member States in a situation of crisis should further rely on increased efforts of the Union, including through its agencies, to assist in return operations.
2022/01/28
Committee: LIBE
Amendment 185 #

2020/0277(COD)

Proposal for a regulation
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and contain unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedure.
2022/01/28
Committee: LIBE
Amendment 222 #

2020/0277(COD)

Proposal for a regulation
Recital 14
(14) In order to ensure that Member States have the necessary flexibility when confronted with a large influx of migrants expressing the intention to apply for asylum, and to alleviate the pressure on their asylum systems while guaranteeing the highest standards in processing applications for international protection, the application of the border procedure, established by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should be broadened, and an asylum crisis management procedure should allow Member States to take a decision in the framework of a border procedure also on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection Union-wide is 75% or lower. As a result, in the application of the crisis border procedure, Member States should continue applying the border procedure as provided by Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] but could extend the application of the border procedure to nationals who come from third countries where the EU-wide average recognition rate is above 20% but under 75%. To this effect, Member States should continuously ensure use of the most recent data from the European Union Asylum Agency.
2022/01/28
Committee: LIBE
Amendment 226 #

2020/0277(COD)

Proposal for a regulation
Recital 14 b (new)
(14b) Applicants who are identified as being in need of specific procedural guarantees should be provided with adequate support, including sufficient time, in order to create the conditions necessary for their effective access to procedures and for presenting the elements needed to substantiate their application for international protection. Where it is not possible to provide adequate support in the framework of a border procedure, an applicant in need of specific procedural guarantees should be exempted from those procedures.
2022/01/28
Committee: LIBE
Amendment 229 #

2020/0277(COD)

Proposal for a regulation
Recital 15
(15) The screening of third-country nationals according to the rules laid down in Regulation (EU) No XXX/XXX [Screening Regulation] should apply with the possibility to extend the 5-day deadline by another five days, as specified in that Regulation.
2022/01/28
Committee: LIBE
Amendment 237 #

2020/0277(COD)

Proposal for a regulation
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, the procedures should be completed as soon as possible in full respect of Directive XXX/XXX/EU [Reception Conditions Directive recast] and in any event the periods of time should only be prolonged by an additional period not exceeding eight weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protection.
2022/01/28
Committee: LIBE
Amendment 239 #

2020/0277(COD)

Proposal for a regulation
Recital 16 a (new)
(16a) The responsible authorities should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children and applicants with specific vulnerabilities.
2022/01/28
Committee: LIBE
Amendment 243 #

2020/0277(COD)

Proposal for a regulation
Recital 17
(17) The return crisis management procedure should facilitate, in a situation of crisis, the return of illegally staying third- country nationals whose applications were rejected in the context of a crisis asylum management procedure and who have no right to remain and are not allowed to remain, by providing the competent national authorities and EU agencies with the necessary tools and sufficient time- frame to carry out return procedures with due diligence. To be able to respond to situations of crisis in an effective manner, the return crisis management procedure should apply also to applicants, third- country nationals and stateless persons subject to the border procedure referred to in Article 41 of the of proposed Regulation (EU) XXX/XXX [Asylum Procedures Regulation], whose applications were rejected before the adoption of a Commission decision declaring that a Member State is confronted with a situation of crisis, and who have no right to remain and are not allowed to remain after such a decision.
2022/01/28
Committee: LIBE
Amendment 251 #

2020/0277(COD)

Proposal for a regulation
Recital 18 a (new)
(18a) When applying the return crisis management procedure for the examination of an application for international protection, Member States should ensure that the necessary arrangements are made to accommodate the applicants in accordance with Directive XXX/XXX/EU [Reception Conditions Directive recast]. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
2022/01/28
Committee: LIBE
Amendment 252 #

2020/0277(COD)

Proposal for a regulation
Recital 18 b (new)
(18b) Member States should not hold a person in detention for the sole reason that he or she is an applicant for international protection. They should ensure that the relevant safeguards in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] apply. Member States should provide for alternatives to detention in border procedures, in particular for unaccompanied minors, families with children, and applicants with specific vulnerabilities. Such alternatives should be available both in law and fact at national level.
2022/01/28
Committee: LIBE
Amendment 265 #

2020/0277(COD)

Proposal for a regulation
Recital 20
(20) The Commission should examine a reasoned request submitted by aone or more Member States while taking into account substantiated information gathered pursuant to Regulation (EU) XXX/XXX [Asylum Agency Regulation] and Regulation (EU) 2019/1896 of the European Parliament and of the Council24 and the Migration Management report referred to in Regulation (EU) XXX/XXX [Asylum and Migration Management]. _________________ 24 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1.
2022/01/28
Committee: LIBE
Amendment 333 #

2020/0277(COD)

Proposal for a regulation
Recital 27 a (new)
(27a) When a Member State is in a situation of crisis, all efforts should be focused on alleviating the pressure on its asylum and reception systems. For this reason, the Member State concerned will be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. It will also be exempted from its obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 341 #

2020/0277(COD)

Proposal for a regulation
Recital 28
(28) Specific rules should be set out for situations of force majeure, to allow Member States to extend the time limits set out in Regulation (EU) XXX/XXX [Asylum and Migration Management] under strict conditions where it is impossible to comply with those time limits due to the extraordinary situation. Such extension should apply to the time limits set out for sending and replying to take charge requests and take back notifications as well as the time limit to transfer an applicant to the Member State responsible.deleted
2022/01/28
Committee: LIBE
Amendment 347 #

2020/0277(COD)

Proposal for a regulation
Recital 29
(29) Specific rules should also be set out for situations of force majeure, to allow Member States to extend the time limits relating to registration of applications for international protection in Regulation (EU) XXX/XXX [Asylum Procedures Regulation], under strict conditions. In these cases, applications for international protection should be registered by that Member State at the latest four weeks from when they are made.deleted
2022/01/28
Committee: LIBE
Amendment 352 #

2020/0277(COD)

Proposal for a regulation
Recital 30
(30) In such situations of force majeure, the Member State concerned should notify the Commission and, where applicable, the other Member States, of its intention to apply the respective derogations from those time limits, as well as the precise reasons for their intended application, as well as the period of time during which they will be applied.deleted
2022/01/28
Committee: LIBE
Amendment 359 #

2020/0277(COD)

Proposal for a regulation
Recital 31
(31) In situations of force majeure, which render it impossible for a Member State to comply with the obligation to undertake solidarity measures within the timeframes established in the Regulation (EU) XXX/XXX [Asylum and Migration Management] and this Regulation, it should be possible for that Member State to notify the Commission and the other Member States of the precise reasons for which it considers that it is facing such a situation and extend the timeframe for undertaking solidarity measures.deleted
2022/01/28
Committee: LIBE
Amendment 364 #

2020/0277(COD)

Proposal for a regulation
Recital 32
(32) Where a Member State is no longer facing a situation of force majeure, it should, as soon as possible, notify the Commission, and where applicable, the other Member States, of the cessation of the situation. The time limits derogating from Regulation (EU) XXX/XXX [Asylum and Migration Management] should not be applied to new applications for international protection made or for third- country nationals or stateless persons found to be illegally staying after the date of that notification. Upon such notification, the time limits laid down in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should start to apply.deleted
2022/01/28
Committee: LIBE
Amendment 368 #

2020/0277(COD)

Proposal for a regulation
Recital 33
(33) To support Member States who undertake relocation as a solidarity measure, financial and capacity support from the EU budget should be provided. In order to provide Member States located at the external border of the Union with solidarity and to guarantee a level-playing field, facilities used for reception of persons seeking international protection, solidarity through relocation, and the broadened border procedure should be entirely funded under Regulation (EU) 2021/1147 of the European Parliament and of the Council.6a That should include the construction, running, and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast]. _________________ 6a Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7July 2021 establishing the Asylum, Migration and Integration Fund (OJ L 251,15.7.2021, p.1)
2022/01/28
Committee: LIBE
Amendment 373 #

2020/0277(COD)

Proposal for a regulation
Recital 33 a (new)
(33a) Considering that a crisis in the field of asylum and migration at the external borders concerns the Union as a whole, the full spectrum of Union support should be made available to a Member State in a situation of crisis. Such support should entail an increased role for the EU agencies, most notably the European Union Asylum Agency and the European Border and Coast Guard Agency, for which the deployment of their supporting tasks in the Member State facing a crisis may be initiated by the Commission through an implementing act adopted under this Regulation. The EU agencies should prioritise their operational and technical support to the Member State concerned.
2022/01/28
Committee: LIBE
Amendment 375 #

2020/0277(COD)

Proposal for a regulation
Recital 33 b (new)
(33b) When the increased supporting tasks of the EU agencies under this Regulation bear too much of a burden on their budget, this should be accounted for by the Commission in their annual budget revision.
2022/01/28
Committee: LIBE
Amendment 376 #

2020/0277(COD)

Proposal for a regulation
Recital 33 c (new)
(33c) In view of coordinating and optimising the crisis measures provided for in this Regulation, an EU Crisis Coordinator, to be appointed by the Commission, should coordinate and assist with their implementation. The EU Crisis Coordinator should, in particular, create a culture of preparedness and resilience among Member States. When this Regulation is in effect, the EU Crisis Coordinator should be provided with extra powers to coordinate, in cooperation with the Commission and the EU Agencies, the crisis measures under this Regulation. The EU Crisis Coordinator should promote coherent working methods for the verification of any meaningful links with certain Member States for persons eligible for relocation, as well as for identifying and coordinating the added value that Member States can provide in the return crisis management procedure.
2022/01/28
Committee: LIBE
Amendment 377 #

2020/0277(COD)

Proposal for a regulation
Recital 33 d (new)
(33d) When the EU Crisis Coordinator considers that a Member State is not able to provide appropriate reception facilities for persons seeking international protection under Directive XXX/XXX/EU [Reception Conditions Directive recast], Member States should be encouraged to provide support through the Union Civil Protection Mechanism with material resources. The EU Crisis Coordinator may propose to include certain categories of reception and migration management facilities to the rescEU reserve.
2022/01/28
Committee: LIBE
Amendment 378 #

2020/0277(COD)

Proposal for a regulation
Recital 33 e (new)
(33e) The Commission, in coordination with the EU Crisis Coordinator, should be responsible for monitoring continuously whether the measures triggered by this Regulation remain necessary. Those measures should remain applicable until the Commission determines that the situation of crisis in a Member State has ended. To that end, the Commission may be invited to act by the Council.
2022/01/28
Committee: LIBE
Amendment 399 #

2020/0277(COD)

Proposal for a regulation
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the principle of the best interest of the child, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extradition. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.
2022/01/28
Committee: LIBE
Amendment 402 #
2022/01/28
Committee: LIBE
Amendment 404 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation addresses situations of crisis and force majeure in the field of migration and asylum within the Union and provides for specific rules derogating from those set out in Regulations (EU) XXX/XXX [Asylum and Migration Management] and, (EU) XXX/XXX [Asylum Procedures Regulation], Regulation (EU) XXX/XXX [Screening Regulation] and in Directive XXX [recast Return Directive]. This Regulation establishes a crisis response mechanism, aiming at alleviating pressure for Member States facing a situation of crisis, while protecting the rights of applicants and beneficiaries of international protection, including their access to relevant procedures and to adequate reception conditions in a situation of crisis.
2022/01/28
Committee: LIBE
Amendment 415 #

2020/0277(COD)

Proposal for a regulation
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx of third-country nationals or stateless persons arriving irregularly in a Member State or disembarked on its territory following search and rescue operationsby land or by sea, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders thea demonstrably well-prepared Member State’s asylum, reception or return system non-functional and can have, in particular by that Member State receiving more applications for international protection than what is determined as the minimum crisis capacity for that Member State under this Regulation, leading to serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
2022/01/28
Committee: LIBE
Amendment 433 #

2020/0277(COD)

Proposal for a regulation
Article 1 b (new)
Article 1 b Criteria and procedural provisions 1. Where a Member State considers that it is facing a situation of crisis, it shall submit a reasoned request to the Commission to apply the measures laid down in this Regulation. Where the minimum crisis capacity of a Member State is exceeded, the Commission may propose to the Council to submit such a reasoned request. 2. Where, on the basis of the examination carried out in accordance with paragraph 5, the Commission considers such a request justified, it shall, by means of an implementing decision, determine that the Member State concerned is in a situation of crisis. 3. The decision referred to in paragraph 2 shall be adopted within ten days from the request in accordance with procedure referred to in Article 2(4) and Article 11. 4. In the decision referred to in paragraph 2, the Commission shall adopt one or more of the following crisis measures: (a) provide for the measures that the Member State concerned should take in the field of migration management and asylum; (b) authorise the Member State concerned to apply the derogatory rules laid down in Articles 2, 3a, 3b, 4, 5, 5a, or 5b of this Regulation; (c) authorise the EU agencies to prioritise their operational and technical support to the Member State concerned, including by initiating the deployment of their tasks in accordance with Article 9c and Article 9d; (d) oblige Member States to apply simplified and accelerated procedures in certain cases in accordance with Article 10; (e) allocate financial support for any crisis measure adopted under this Regulation in accordance with Article 9e; (f) inform the EU Crisis Coordinator of its findings and provide for initial instructions. 5. The Commission shall examine the reasoned request pursuant to the elements listed in Article 50(3) and Article 50(4) of Regulation (EU) XXX/XXX [Asylum and Migration Management].
2022/01/28
Committee: LIBE
Amendment 435 #

2020/0277(COD)

Proposal for a regulation
Chapter II – title
II Solidarity mechanismand asylum and return procedures in a situation of crisis
2022/01/28
Committee: LIBE
Amendment 516 #

2020/0277(COD)

Proposal for a regulation
Article 3 a (new)
Article 3 a Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] 1. In a situation of crisis, applications made within the period during which this Article is applied shall be registered no later than four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].
2022/01/28
Committee: LIBE
Amendment 519 #

2020/0277(COD)

Proposal for a regulation
Article 3 b (new)
Article 3 b Extension of time limit for screening procedures 1. By way of derogation from Article 6(3) of Regulation (EU) XXX/XXX [Screening Regulation], the period during which a screening procedure is carried out may be extended by five days.
2022/01/28
Committee: LIBE
Amendment 543 #

2020/0277(COD)

Proposal for a regulation
Article 4 – paragraph 1 b (new)
1b. During the asylum crisis management procedure, the basic principles and guarantees of Chapter II of the Regulation (EU) XXX/XXX [Asylum Procedures Regulation] shall apply to ensure that the rights of those who seek international protection are protected, while maintaining the right to asylum and respect of the principle of non- refoulement. Asylum staff, legal representatives, non-governmental organisations, and Union institutions and agencies should always be allowed to access border procedure facilities.
2022/01/28
Committee: LIBE
Amendment 548 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 1 – introductory part
1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 31b, Member States may, in respect of illegally staying third-country nationals or stateless persons whose applications were rejected in the context of the asylum crisis management procedure pursuant to Article 4, and who have no right to remain and are not allowed to remain, derogate from Article 41a of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows:
2022/01/28
Committee: LIBE
Amendment 562 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 2 a (new)
2a. Applicants for international protection shall benefit from their rights under Directive XXX/XXX/EU [Reception Conditions Directive recast] and Regulation (EU) XXX/XXX [Asylum Procedures Regulation], as soon as they make an application, regardless of when the registration takes place.
2022/01/28
Committee: LIBE
Amendment 563 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 2 b (new)
2b. The Member State in a situation of crisis shall provide for additional and sufficient human and material resources to be able to meet its obligations under Directive XXX/XXX/EU [Reception Conditions Directive recast].
2022/01/28
Committee: LIBE
Amendment 564 #

2020/0277(COD)

Proposal for a regulation
Article 5 – paragraph 2 c (new)
2c. During the return crisis management procedure, the right to asylum and the principle of non- refoulement will always be respected.
2022/01/28
Committee: LIBE
Amendment 565 #

2020/0277(COD)

Proposal for a regulation
Article 5 a (new)
Article 5 a Exemption to assume responsibility under Regulation (EU) XXX/XXX [Asylum and Migration Management] Where a Member State is in a situation of crisis, it shall be considered unable to receive persons it is responsible for pursuant to Regulation (EU) XXX/XXX [Asylum and Migration Management]. In such cases, a requesting or notifying Member State shall not carry out the transfer until the Member State responsible is no longer in a situation of crisis. Where, because of the persistence of the situation of crisis, the transfer cannot take place within one year of the acceptance of the take charge request or of the confirmation of the take back notification by another Member State or of the final decision on an appeal or review of a transfer decision where there is a suspensive effect in accordance with Article 33(3) of that Regulation, by way of derogation from Article 35 of Regulation (EU) XXX/XXX [Asylum and Migration Management], the Member State responsible shall be relieved of its obligations to take charge of or to take back the person concerned and responsibility shall be transferred to the requesting or notifying Member State.
2022/01/28
Committee: LIBE
Amendment 566 #

2020/0277(COD)

Proposal for a regulation
Article 5 b (new)
Article 5 b Exemption of obligations as regards solidarity measures in a situation of crisis In a situation of crisis, Member States shall be exempted from their obligation to undertake solidarity measures pursuant to Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation.
2022/01/28
Committee: LIBE
Amendment 568 #

2020/0277(COD)

Proposal for a regulation
Article 6
Registration of applications for international protection in situations of In a crisis situation as referred to in Article 1(2)(a) and in accordance with the procedure laid down in Article 3, applications made within the period during which this Article is applied shall be registered no later than within four weeks from when they are made by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation].Article 6 deleted crisis
2022/01/28
Committee: LIBE
Amendment 574 #

2020/0277(COD)

Proposal for a regulation
Chapter IV – title
IV Time limits in a situation of force majeureOperational and capacity support
2022/01/28
Committee: LIBE
Amendment 576 #

2020/0277(COD)

Proposal for a regulation
Article 7
Extension of registration time limit set out in Regulation (EU) XXX/XXX [Asylum 1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall notify the Commission. After such notification, by way of derogation from Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], applications may be registered by that Member State no later than four weeks from when they are made. In the notification, the Member State concerned shall indicate the precise reasons for which it considers that this paragraph has to be applied and indicate the period of time during which it will be applied. 2. Where a Member State referred to in paragraph 1 is no longer facing a situation of force majeure as referred to in that paragraph which renders it impossible to comply with the time limits set out in Article 27 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], that Member State shall, as soon as possible, notify the Commission of the termination of the situation. After such notification, the extended time limit set out in paragraph 1 shall no longer be applied.Article 7 deleted Procedures Regulation]
2022/01/28
Committee: LIBE
Amendment 590 #

2020/0277(COD)

Proposal for a regulation
Article 9
Extension of the timeframes for solidarity 1. Where a Member State is facing a situation of force majeure which renders it impossible to comply with the obligation to undertake solidarity measures within the timeframes established in Articles 47 and 53(1) of Regulation (EU) XXX/XXX [Asylum and Migration Management] and Article 2 of this Regulation, it shall notify the Commission and the other Member States without delay. The Member State concerned shall indicate the precise reasons for which it considers that it is facing a situation of force majeure and provide all necessary information for that effect. After such notification, by way of derogation from the timeframes established by those Articles, the timeframe for undertaking solidarity measures established in those Articles shall be suspended for a maximum period of six months. 2. Where a Member State is no longer facing a situation of force majeure, that Member State shall immediately notify the Commission and the other Member States of the cessation of the situation. After such notification, the extended timeframe set out in paragraph 1 shall cease to apply.Article 9 deleted measures
2022/01/28
Committee: LIBE
Amendment 595 #

2020/0277(COD)

Proposal for a regulation
Article 9 a (new)
Article 9 a EU Crisis Coordinator 1. With a view to supporting the crisis measures established by this Regulation, the Commission shall appoint an EU Crisis Coordinator, who will act as a contact point, in order to coordinate the preparedness and resilience of Member States outside the framework of this Regulation and coordinate crisis measures triggered by this Regulation. 2. The EU Crisis Coordinator shall regularly: (a) coordinate and support communication between the Member States involved in the framework of this Regulation; (b) organise, at regular intervals, meetings between the authorities of Member States, to establish the needs, including at an operational level, in order to facilitate the best interaction and cooperation among Member States for the execution of this Regulation; (c) be updated by the EU Migration Preparedness and Crisis Management Network in the framework of the relevant stages of the Migration Preparedness and Crisis Blueprint; (d) promote among Member States a culture of preparedness, cooperation and resilience in the field of asylum and migration, including their best practices. 3. When this Regulation is in effect, the EU Crisis Coordinator shall: (a) coordinate the role and resource allocation of the relevant EU Agencies in their respective roles in supporting the Member States as determined in this Regulation, in particular as regards: (i) the deployment of EU agencies’ operational and technical support in the Member State concerned immediately after this Regulation comes into effect; (ii) taking stock of reception facilities needs for persons arriving at the external borders, in accordance with standards established in Directive XXX/XXX/EU [Receptions Conditions Directive recast]; (iii) monitoring the implementation of this Regulation and the measures invoked by it, including for its effectiveness and impact on the fundamental rights of persons seeking international protection.
2022/01/28
Committee: LIBE
Amendment 596 #

2020/0277(COD)

Proposal for a regulation
Article 9 b (new)
Article 9 b Support and solidarity measures between Member States 1. Where a Member State is facing a situation of crisis, it may request support and solidarity measures from other Member States in order to manage that situation. Support and solidarity contributions for the benefit of a Member State facing a situation of crisis may include the following types of contributions: (a) capacity-building measures in the field of asylum, relocation, reception and return; (b) operational support in the field of asylum, relocation, reception and return; (c) measures aimed at responding to a crisis situation, including specific measures to support return, through cooperation with third countries or outreach to third countries; (d) any other measure considered adequate to address the situation of crisis and support the Member State concerned. 2. The Member State facing a situation of crisis shall send a request to the EU Crisis Coordinator for support and solidarity contributions from other Member States specifying the solidarity measures requested. 3. Following the receipt of the request for support and solidarity measures as referred to in paragraph 2, the EU Crisis Coordinator shall, as soon as possible, invite other Member States to contribute by means of the support and solidarity measures referred to in paragraph 1 that correspond to the needs of Member State facing a situation of crisis. The EU Crisis Coordinator shall coordinate the support and solidarity measures referred to in this Article.
2022/01/28
Committee: LIBE
Amendment 599 #

2020/0277(COD)

Proposal for a regulation
Article 9 e (new)
Article 9 e Financial support 1. Funding support shall be provided in accordance with Regulation (EU) 2021/1147 of the European Parliament and of the Council of 7 July 2021 establishing the Asylum, Migration and Integration Fund, based on the objective referred to in Article 3(2)(d) of that Regulation. 2. Emergency funding support for the Member State in a situation of crisis may be accorded pursuant Article 31(1)(a) and (b) of Regulation (EU) 2021/1147. 3. Facilities used to implement this Regulation shall be entirely funded from the Union budget. This shall include the construction, running and renovation of emergency facilities required for the application of this Regulation, in line with the standards provided for in Directive XXX/XXX/EU [Reception Conditions Directive recast].
2022/01/28
Committee: LIBE
Amendment 662 #

2020/0277(COD)

Proposal for a regulation
Chapter V a (new)
Va Monitoring and duration of a situation of crisis
2022/01/28
Committee: LIBE
Amendment 663 #

2020/0277(COD)

Proposal for a regulation
Article 10 a (new)
Article 10 a Monitoring the implementation of crisis measures 1. The Commission, in coordination with the EU Crisis Coordinator, shall be responsible for regularly monitoring the implementation of this Regulation, including the following aspects: (a) the access that all competent actors have to facilities used in the context of the measures triggered by this Regulation; (b) reception conditions and specific requirements for the crisis asylum management procedure and the crisis return management procedure; (c) the respect for procedural rights, such as access to information, legal assistance and representation and interpretation or the right to an effective remedy; (d) the quality of decision-making in the crisis asylum management procedure and the crisis return management procedure. 2. The Commission shall alert a Member State where the capacity of a location it has notified pursuant to Article 41(14) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] is temporarily insufficient for the purposes of processing applicants.
2022/01/28
Committee: LIBE
Amendment 664 #

2020/0277(COD)

Proposal for a regulation
Article 10 b (new)
Article 10 b Monitoring of fundamental rights in a situation of crisis 1. Allegations of breaches of fundamental rights in relation to the implementation of this Regulation shall be properly investigated as part of the independent monitoring mechanism referred to in paragraph 2 of this Article. 2. The Commission shall set up an independent monitoring mechanism, in cooperation with the Member States and Union bodies, offices and agencies which have monitoring competences, in particular the European Union Agency for Fundamental Rights, the European Union Agency for Asylum and the European Border and Coast Guard Agency. That mechanism shall aim to: (a) ensure that all actors involved in the measures triggered by this Regulation comply with Union and international law; (b) ensure compliance, where applicable, with European rules on the detention of persons, in particular rules concerning the grounds for and the duration of detention; (c) ensure that allegations of breaches of fundamental rights in relation to the crisis asylum management procedure and crisis return management procedure, including in relation to access to the asylum procedure and the principle of non- refoulement, are dealt with effectively and without undue delay. The Commission shall put in place adequate safeguards to guarantee the independence of the monitoring mechanism referred to in the first subparagraph. The European Union Agency for Fundamental Rights shall provide the Commission with general guidance on the setting up of the monitoring mechanism referred to in the first subparagraph, including as regards the independent functioning of the mechanism, the monitoring methodology it uses and appropriate training schemes. The Commission may invite relevant national, international and non- governmental organisations and bodies to participate in the monitoring carried out as part of the monitoring mechanism referred to in the first subparagraph. 3. Where monitoring carried out as part of the monitoring mechanism referred to in paragraph 2 determines that there have been breaches of fundamental rights, the Commission shall adopt appropriate and proportionate penalties.
2022/01/28
Committee: LIBE
Amendment 665 #

2020/0277(COD)

Proposal for a regulation
Article 10 c (new)
Article 10 c End of a situation of crisis 1. The Commission, in line with its obligations under Article 10a(1), shall keep the situation of crisis under constant monitoring and review as regards the necessity and proportionality of the crisis measures triggered by this Regulation. 2. The situation of crisis that triggers the application of measures laid down in this Regulation shall remain in place until the Commission determines that the situation of crisis in a Member State has ended. In doing so, the Commission shall adopt an implementing actin accordance with Article 11. It shall base its decision on the same criteria as listed in Article 1b(3b). 3. The Council may make a reasoned request to the Commission to determine that a situation of crisis in a Member State has ended.
2022/01/28
Committee: LIBE
Amendment 694 #

2020/0277(COD)

Proposal for a regulation
Article 12 – paragraph 1
1. For the implementing act referred to in Article 31b, the Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
2022/01/28
Committee: LIBE
Amendment 13 #

2020/0262(COD)

Draft legislative resolution
Citation 3 a (new)
- having regard to the Charter of Fundamental Rights of the European Union, and in particular Article 2 (the right to life) and Article 31(the right to fair and just working conditions),
2021/02/05
Committee: EMPL
Amendment 14 #

2020/0262(COD)

Proposal for a directive
Recital -1 (new)
(-1) A high level of human health protection should be ensured in the definition and implementation of all Union policies and activities.
2021/02/05
Committee: EMPL
Amendment 17 #

2020/0262(COD)

Proposal for a directive
Recital 1 a (new)
(1a) This Directive clearly shows the added value of the Union and the need to adopt legislation at the Union level. In addition to setting similar minimum level of protection across the Union, this Directive also improves clarity and enforcement, and contributes to a better level playing field for the economic actors in the sectors using the substances covered.
2021/02/05
Committee: EMPL
Amendment 18 #

2020/0262(COD)

Proposal for a directive
Recital 1 b (new)
(1b) It is important to protect sexual and reproductive health and to apply a gender perspective to health and safety at work. Workers can be more exposed and more vulnerable to different types of substances depending on their gender. Women are for example over-represented amongst the oncology nurses community potentially exposed to hazardous medicinal products.
2021/02/05
Committee: EMPL
Amendment 22 #

2020/0262(COD)

Proposal for a directive
Recital 2 a (new)
(2a) Europe’s Beating Cancer Plan aims to reduce the cancer burden for patients, their families and health systems. Cancer is the first cause of work-related death in the Union: 52 % of annual occupational deaths are currently attributed to work-related cancers. Exposure at work accounts for 3,5-4 % cases of cancer and is responsible for approximatively 120 .000 cancers diagnosed and 80 000 deaths every year.
2021/02/05
Committee: EMPL
Amendment 23 #

2020/0262(COD)

Proposal for a directive
Recital 2 b (new)
(2b) Tackling exposures to dangerous substances at the workplace is particularly relevant to foster prevention and address health inequalities, as some categories of workers among the most vulnerable can be overexposed. Some workers, such as mobile workers, can additionally face difficulties to access healthcare services.
2021/02/05
Committee: EMPL
Amendment 30 #

2020/0262(COD)

Proposal for a directive
Recital 4 b (new)
(4b) However, the reporting and recognition of occupational cancers as occupational diseases are uneven, due. in particular, to a long latency between the exposure to dangerous substances and the diagnosis of the disease, the multifactorial nature of cancer but also to complex procedures to undertake in order to have the illness officially recognised as work- related and to obtain compensation. Data from work-related health problems are often lacking, not reliable or insufficient. Further efforts are therefore needed to improve reporting, prevention, diagnosis, early recognition and compensation of occupational diseases, as well as better medical monitoring throughout life with robust diseases and exposures registries.
2021/02/05
Committee: EMPL
Amendment 43 #

2020/0262(COD)

Proposal for a directive
Recital 9
(9) Acrylonitrile meets the criteria for classification as carcinogenic (category 1B) in accordance with Regulation (EC) No 1272/2008 of the European Parliament and the Council47 and is therefore carcinogen within the meaning of Directive 2004/37/EC. It is possible, on the basis of the available information, including scientific and technical data, to set a long- and short-term limit value for that carcinogen. Acrylonitrile can also be absorbed through the skin. Acrylonitrile is acutely toxic and causes neurotoxicity, local irritation of skin, eyes and respiratory tract, and skin sensitisation. It is therefore appropriate to establish a limit value for acrylonitrile under the scope of Directive 2004/37/EC and to assign a skin notation to it. The ACSH, based on the RAC opinion, agreed on the usefulness of the biomonitoring for acrylonitrile. This should be considered when developing guidance on the practical use of biomonitoring. __________________ 47Regulation (EC) No 1272/2008 on classification, labelling and packaging of substances and mixtures. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32008 R1272.
2021/02/05
Committee: EMPL
Amendment 44 #

2020/0262(COD)

Proposal for a directive
Recital 10
(10) With regard to acrylonitrile, a limit value of 1 mg/m³ (0.45 ppm) and a short- term limit value of 4 mg/m³ (1.8 ppm) may be difficult to be complied with in the short term. A transitional period of four years after entry into force of this Directive should be introduced from which these Occupational Exposure Limit (OEL) values shall apply. Exposure should be reduced as far as technically possible below these limit values.
2021/02/05
Committee: EMPL
Amendment 60 #

2020/0262(COD)

Proposal for a directive
Recital 16
(16) The limit values established in this Directive are to be kept under regularpermanent scrutiny and regular review to ensure consistency with Regulation (EC) No 1907/200649. __________________ 49Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals. Available at: https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=CELEX%3A32006 R1907.
2021/02/05
Committee: EMPL
Amendment 62 #

2020/0262(COD)

Proposal for a directive
Recital 17 a (new)
(17a) It is important to ensure operational feasibility and compliance by SMEs and to take all necessary actions to ensure the safety and health of workers are protected no matter the size of the enterprise. The European Agency for Health and Safety at Work has an important role to play in this regard, in particular to help SMEs assess the risks for their workforce and implement adequate protective measures.
2021/02/05
Committee: EMPL
Amendment 13 #

2020/0259(COD)

Proposal for a regulation
Recital 11
(11) Since the sole objective of this Regulation is to enable the continuation of certain existing activities aimed at combating child sexual abuse online, the derogation provided for by this Regulation should be limited to well-established technology that is regularly used by number-independent interpersonal communications services for the purpose of detecting and reporting child sexual abuse online and removing child sexual abuse material before the entry into force of this Regulation. The reference to the technology includes where necessary any human review directly relating to the use of the technology and overseeing it. The use of the technology in question should therefore be common in the industry, without it necessarily being required that all providers use the technology and without precluding the further evolution of the technology in a privacy-friendly manner. In this respect, it should be immaterial whether or not a particular provider that seeks to rely on this derogation itself already uses such technology on the date of entry into force of this Regulation. The types of technologies deployed should be the least privacy-intrusive in accordance with the state of the art in the industry and should not include systematic filtering and scanning of communications containing text but only look into specific communications in case of concrete elements of suspicion of. The technologies deployed must not be able to understand the content of the communications but solely be able to detect patterns of possible child sexual abuse.
2020/11/13
Committee: FEMM
Amendment 20 #

2020/0259(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point a a (new)
(a a) ‘solicitation’as: (i) the proposal by an adult to meet a child who has not reached the age of sexual consent, for the purpose of committing any of the offences referred to in Article 3(4) and Article 5(6) of Directive 2011/93/EU; (ii) an attempt to commit the offences provided for in Article 5(2) and (3) by an adult soliciting a child who has not reached the age of sexual consent to provide child pornography depicting that child.
2020/11/13
Committee: FEMM
Amendment 21 #

2020/0259(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point b
(b) solicitation of children for the purpose of engaging in sexual activities with a child or of producing child pornography by any of the following: (i) luring the child by means of offering gifts or other advantages; (ii) threatening the child with a negative consequence likely to have a significant impact on the child; (iii) presenting the child with pornographic materials or making them available to the child .deleted
2020/11/13
Committee: FEMM
Amendment 23 #

2020/0259(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2 – point c a (new)
(c a) ‘sex extortion’
2020/11/13
Committee: FEMM
Amendment 296 #

2020/0104(COD)

Proposal for a regulation
Recital 13 a (new)
(13a) The Facility should also be a tool to protect the Union's budget in the event of generalised deficiencies as regards the rule of law. In such a case, the Commission should adopt a decision by means of an implementing act to suspend the period for the adoption of decisions on proposals for recovery and resilience plans or to suspend payments under this Facility in accordance with Regulation [.../....] on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States. The Commission should adopt a decision by means of an implementing act to lift the suspension of the period or of payments.
2020/09/22
Committee: BUDGECON
Amendment 300 #

2020/0104(COD)

Proposal for a regulation
Recital 13 b (new)
(13b) It is essential that the legitimate interests of the final recipients and beneficiaries of the Facility are properly safeguarded from the suspension of payments in the event of a generalised deficiencies as regards the rule of law. In such case, the Commission should take over the responsibility of the management of the Facility. Such a tool in the Facility to protect the Union's budget in the event of generalised deficiencies as regards the rule of law should be aligned on any other tool pursuing the same objective in other EU legislation.
2020/09/22
Committee: BUDGECON
Amendment 105 #

2020/0006(COD)

Proposal for a regulation
Recital 4
(4) As set out in the European Green Deal and the Sustainable Europe Investment Plan, a Just Transition Mechanism should complement the other actions under the next multi-annual financial framework for the period from 2021 to 2027. It should contribute to addressing the social and economic consequences of transitioning towards Union climate neutrality by bringing together the Union budget’s spending on climate and social objectives at regional level, focusing on social impact investment and targeting the regions and areas of society which will be at the greatest risk of economic instability due to the transition.
2020/05/18
Committee: EMPL
Amendment 137 #

2020/0006(COD)

Proposal for a regulation
Recital 6 a (new)
(6a) As the JTF is part of the European Green Deal, financial allocation under the JTF should be conditional on the Member State having a commitment to a target of climate neutrality by 2050.
2020/05/18
Committee: EMPL
Amendment 148 #

2020/0006(COD)

Proposal for a regulation
Recital 8
(8) Transitioning to a climate-neutral economy is a challenge for all Member States. It will be particularly demanding for those Member States that rely heavily on fossil fuels or greenhouse gas intensive industrial activities which need to be phased out or which need to adapt due to the transition towards climate neutrality and that lack the financial means to do so. The JTF should therefore cover all Member States, but the distribution of its financial means should reflect the capacity of Member States to finance the necessary investments to cope with the transition towards climate neutrality, including their promotion of alternatives to the fossil economy through bio-based circular economy, which offers opportunities for new jobs, regional economic development, improved territorial cohesion and boosting local rural economies.
2020/05/18
Committee: EMPL
Amendment 176 #

2020/0006(COD)

Proposal for a regulation
Recital 10 a (new)
(10a) With a view to tackling climate change and to achieving a climate-neutral economy, the JTF should support the development of a strong circular bioeconomy and the necessary skills, knowledge, innovation and new business model.
2020/05/18
Committee: EMPL
Amendment 199 #

2020/0006(COD)

Proposal for a regulation
Recital 12
(12) In order to enhance the economic diversification, modernisation and reconversion of territories impacted by the transition, the JTF should provide support to productive investment in SMEs. Productive investment should be understood as investment in fixed capital or immaterial assets of enterprises in view of producing goods and services thereby contributing to gross-capital formation and employment. For enterprises other than SMEs, productive investments should only be supported if they are necessary for mitigating job losses resulting from the transition, by creating or protecting a significant number of jobs and they do not lead to or result from relocation. Investments in existing industrial facilities, including those covered by the Union Emissions Trading System, should be allowed if they contribute to the transition to a climate-neutral economy by 2050 and go substantially below the relevant benchmarks established for free allocation under Directive 2003/87/EC of the European Parliament and of the Council14 and if they result in the protection of a significant number of jobs. Any such investment should be justified accordingly in the relevant territorial just transition plan. In order to protect the integrity of the internal market and cohesion policy, support to undertakings should comply with Union State aid rules as set out in Articles 107 and 108 TFEU and, in particular, support to productive investments by enterprises other than SMEs should be limited to enterprises located in areas designated as assisted areas for the purposes of points (a) and (c) of Article 107(3) TFEU. __________________ 14Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
2020/05/18
Committee: EMPL
Amendment 240 #

2020/0006(COD)

Proposal for a regulation
Recital 16
(16) In order to enhancoptimise the result orientation of the use of JTF resources and to enhance the result orientation of the JTF, the Commission, in line with the principle of proportionality, should be able to apply financial corrections in case of serious underachievement of targets established for the JTF specific objective.
2020/05/18
Committee: EMPL
Amendment 248 #

2020/0006(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation establishes the Just Transition Fund (‘JTF’) to provide support to territories facing serious socio-economic challenges deriving fromin the transition process towards a climate-neutral and circular economy of the Union by 2050.
2020/05/18
Committee: EMPL
Amendment 271 #

2020/0006(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3a. Access to the JTF shall be conditional on the Member State having a commitment to a target of climate neutrality by 2050.
2020/05/18
Committee: EMPL
Amendment 321 #

2020/0006(COD)

Proposal for a regulation
Article 4 – paragraph 2 – subparagraph 1 – point h a (new)
(ha) investments in the circular bioeconomy;
2020/05/18
Committee: EMPL
Amendment 368 #

2020/0006(COD)

Proposal for a regulation
Article 6 – paragraph 1 – subparagraph 2
The Commission shall only approve a programme where the identification of the territories most negatively affected by the transition process, contained within the relevant territorial just transition plan, is duly justified and the relevant territorial just transition plan is consistent with the National Energy and Climate Plan of the Member State concerned, and corresponds to the objectives of the European Green Deal.
2020/05/18
Committee: EMPL
Amendment 389 #

2020/0006(COD)

Proposal for a regulation
Article 7 – paragraph 1
1. Member States shall prepare, together with the relevant authorities and stakeholders of the territories concerned, one or more territorial just transition plans covering one or more affected territories corresponding to level 3 of the common classification of territorial units for statistics (‘NUTS level 3 regions’) as established by Regulation (EC) No 1059/2003 of the European Parliament and of the Council as amended by Commission Regulation (EC) No 868/201417 or parts thereof, in accordance with the template set out in Annex II. Those territories shall be those most negatively affected based on the economic and social impacts resulting from the transition, in particular with regard to expected job losses in fossil fuel production and use and the transformation needs of the production processes of industrial facilities with the highest greenhouse gas intensity. __________________ 17 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154 21.6.2003, p. 1).
2020/05/18
Committee: EMPL
Amendment 442 #

2020/0006(COD)

Proposal for a regulation
Article 9 – paragraph 1
Where the Commission concludes, based on the examination of the final performance report of the programme, that there is a failure to achieve at least 6575 % of the target established for one or more output or result indicators for the JTF resources, it may make financial corrections pursuant to Article [98] of Regulation (EU) [new CPR] by reducing the support from the JTF to the priority concerned in proportion to the achievements.
2020/05/18
Committee: EMPL
Amendment 70 #

2019/2975(RSP)


Recital A
A. whereas, as full citizens, all persons with disabilities have equal rights in all fields of life and are entitled to inalienable dignity, equal treatment, independent living, autonomy and full participation in society, whereas more than half of the Member States are depriving people suffering from mental health problems or with an intellectual disability of their right to vote;
2020/02/04
Committee: EMPL
Amendment 169 #

2019/2975(RSP)


Paragraph 2 – indent 2
- with ambitious and clear, clear and measurable targets,
2020/02/04
Committee: EMPL
Amendment 247 #

2019/2975(RSP)


Paragraph 4
4. Calls on the Commission to prepare the post-2020 Strategy with the close and systematic involvement of persons with disabilities and, of their representative organisations and supporting families who have an active role in fulfilling the rights of their relatives with disabilities, and to ensure their accessible and meaningful participation in the implementation, monitoring and evaluation of the post-2020 Strategy also through funding their capacity-building;
2020/02/04
Committee: EMPL
Amendment 263 #

2019/2975(RSP)


Paragraph 5
5. Calls on the Commission to include a review of the post-2020 Strategy every 53 years with a clearly defined role for the EU CRPD Framework;
2020/02/04
Committee: EMPL
Amendment 303 #

2019/2975(RSP)


Paragraph 7 a (new)
7 a. Calls on the Commission to ensure that the post-2020 Strategy will especially guarantee access to employment, trainings, inclusive education, to affordable quality healthcare services, to digital services, to sport activities for persons with disabilities;
2020/02/04
Committee: EMPL
Amendment 308 #

2019/2975(RSP)


Paragraph 7 a (new)
7 a. Calls on the Commission to propose concrete measures in order to ensure that all economically active persons with disabilities can exercise their freedom of movement;
2020/02/04
Committee: EMPL
Amendment 322 #

2019/2975(RSP)


Paragraph 8
8. Calls on the Commission to safeguard the UNCRPD-compliant use of EU funds and to ensure that EU funds will not contribute to the construction or refurbishment of institutional care settings, but services in the community that foster inclusion;
2020/02/04
Committee: EMPL
Amendment 342 #

2019/2975(RSP)


Paragraph 8 b (new)
8 b. Calls on the Commission and the Member States to ensure that the European Strategy and national actions are fully aligned with the Sustainable Development Goals and the United Nations 2030 Agenda, as a major global framework for action which includes disability as a horizontal issue in SDGs 4, 8, 10,11 and 17;
2020/02/04
Committee: EMPL
Amendment 366 #

2019/2975(RSP)


Paragraph 9
9. Calls on the Commission to develop a comprehensive campaign in accessible format, including an easy-to- read version, to raise awareness of the UN CRPD among the persons with disabilities and the society in general;
2020/02/04
Committee: EMPL
Amendment 375 #

2019/2975(RSP)


Paragraph 9 a (new)
9 a. Calls on all Member states to support and increase the prestige of social work -social workers and people being active in social services;
2020/02/04
Committee: EMPL
Amendment 376 #

2019/2975(RSP)


Paragraph 9 a (new)
9 a. Calls on the Commission to create a clear mechanism of responsibility, control and sanctions for the set strategies;
2020/02/04
Committee: EMPL
Amendment 383 #

2019/2975(RSP)


Paragraph 10
10. Calls on the Member States to affirm their commitment to promoting, protecting and ensuring the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, especially by granting them the right to vote in European and local elections in line with article 12 of the UNCRPD, and to promoting respect for their inherent dignity also by implementing the post-2020 Strategy and to allocate adequate human and financial resources to its implementation;
2020/02/04
Committee: EMPL
Amendment 453 #

2019/2975(RSP)


Paragraph 12 b (new)
12 b. Calls on the European Commission to ensure that the post 2020 Disability Strategy includes violence against persons with disabilities as one of its main focus areas, paying particular attention to gender-based violence and children with disabilities;
2020/02/03
Committee: EMPL
Amendment 129 #

2019/2212(INI)

Motion for a resolution
Paragraph 3 a (new)
3 a. Calls on the European Commission and Member States to implement the social aspects of the Country Specific Recommendations, having in mind both the respect for subsidiarity and national competences;
2020/01/29
Committee: EMPL
Amendment 152 #

2019/2212(INI)

Motion for a resolution
Paragraph 4 a (new)
4 a. Calls on the Commission and the Member States to reduce regulatory burden for SMEs and businesses in order to stimulate prosperity and economic growth on the single market;
2020/01/29
Committee: EMPL
Amendment 159 #

2019/2212(INI)

Motion for a resolution
Paragraph 5
5. Is concerned about the limited intergenerational social mobility and increased income inequality compared to pre-crisis levels; calls on the Commission and the Member States to tackle income inequalitiessocial mobility that hinder labour mobility and the realisation of a well-functioning single market; sStresses that tax and benefit systems must be designed in a way to reduce inequalities and promote fairnese need to improve opportunities for mobility responding to labour market shortages in member states;
2020/01/29
Committee: EMPL
Amendment 176 #

2019/2212(INI)

Motion for a resolution
Paragraph 6
6. WelcomesTakes note of the Commission consultation on a European framework for minimum wages; calls for adequate minimum wage levels through collective agreements or through law, in line with national traditions; calls for a coordinated approach at EU level in order to achievon the Commission to respect the principle of subsidiarity as enshrined in the treal wage growth, avoid the downward spiral of unhealthy labour cost competition and increase upward social convergence for allties when proposing labour market and social policies; calls on the Commission and the Member States to strengthen collective bargaining coverage at sectorial level and the involvement of social partners in policy-making, including for the European Semester;
2020/01/29
Committee: EMPL
Amendment 247 #

2019/2212(INI)

Motion for a resolution
Paragraph 10 a (new)
10 a. Calls on Member States to invest in quality education, digital skills, digital vocational training and digital upskilling, reskilling and lifelong learning schemes for workers;
2020/01/29
Committee: EMPL
Amendment 351 #

2019/2212(INI)

Motion for a resolution
Paragraph 18 a (new)
18 a. Calls on the European Commission to conduct comprehensive monitoring and evaluation on the use of EU funds in Member States; welcomes efforts to tackle fraud, misuse and corruption;
2020/01/29
Committee: EMPL
Amendment 23 #

2019/2208(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas sustainable returns and successful reintegration are important indicators in the assessment of the effectiveness of returns; whereas currently post-return monitoring is not sufficiently comprehensive and accurate; whereas evidence has emerged that not all returns are sustainable, especially in relation to unaccompanied minors, due to a lack of a personal reintegration plan or support upon return;
2020/07/10
Committee: LIBE
Amendment 53 #

2019/2208(INI)

3. Stresses that the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, some Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawn if the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasons, or people return voluntarily without their return being registered; stresses than an effective return policy is a key element of a well-functioning EU asylum and migration policy;
2020/07/10
Committee: LIBE
Amendment 59 #

2019/2208(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on the Member States to allocate adequate capacity, including human resources and sufficient training, to authorities responsible for taking return decisions and implementation, so as to invest in the quality of them;
2020/07/10
Committee: LIBE
Amendment 60 #

2019/2208(INI)

Motion for a resolution
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; calls on the Commission to make better implementation of the directive a priority and to launch infringement procedures where justified; highlights that such effectiveness should not only be measured in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rights; stresses that measuring the effective implementation of the directive should be further enhanced and further streamlined among Member States in order to strengthen transparency and comparability of data;
2020/07/10
Committee: LIBE
Amendment 69 #

2019/2208(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Notes that the Commission has stated that the lack of third country identification and readmission of returnees is one of the main reasons for non-return; stresses the need for improving the relations with third countries in a constructive migration dialogue to ensure a mutually beneficial cooperation for effective and sustainable returns;
2020/07/10
Committee: LIBE
Amendment 72 #

2019/2208(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Regrets the informalisation of cooperation with third countries; calls on the Member States to support the Commission to conclude formal EU readmission agreements, thereby coupled with EU parliamentary scrutiny and judicial oversight; stresses that incentives, including financial, should be offered to facilitate cooperation;
2020/07/10
Committee: LIBE
Amendment 85 #

2019/2208(INI)

5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returns; as they prove to be more sustainable;
2020/07/10
Committee: LIBE
Amendment 90 #

2019/2208(INI)

Motion for a resolution
Paragraph 5 a (new)
5a. Calls on Member States to share information and best practices on successful and humane voluntary returns, and to provide operational assistance among Member States when requested to strengthen and improve the operational effectiveness of voluntary returns;
2020/07/10
Committee: LIBE
Amendment 112 #

2019/2208(INI)

Motion for a resolution
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead to Member States frequently refraining from granting a period for voluntary departure; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure; stresses the need for enhanced implementation of the current legal framework in order to step up successful voluntary returns;
2020/07/10
Committee: LIBE
Amendment 116 #

2019/2208(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Stresses the need for more cooperation on return between the Member States, including information sharing and the application of Directive2001/40/EC on the mutual recognition of decisions on the expulsion of third country nationals, in line with fundamental rights guarantees; underlines the need for support, including operational, by the relevant Union agencies; stresses the need for increased cooperation between the Member States and Frontex;
2020/07/10
Committee: LIBE
Amendment 120 #

2019/2208(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Highlights the importance of providing individual case management and assistance, tailored to the individual circumstances and prospects of the returnee when assisting in assisted voluntary return in all stages of the process, with particular attention for unaccompanied minors;
2020/07/10
Committee: LIBE
Amendment 187 #

2019/2208(INI)

Motion for a resolution
Paragraph 14
14. Notes differences in the transposition into national legislations of the definition ofRecalls that Article 3(7) of the directive states that the 'risk of absconding’ and reiterates that Article 3(7) of the directive provides that the existence of such a risk should always be assessed on the basis of objective criteria defined by law' means the existence of reasons in an individual case which are based on objective criteria defined by law to believe that a third-country national who is the subject of return procedures may abscond; notes differences in the transposition into national legislations of the definition of the ‘risk of absconding’;
2020/07/10
Committee: LIBE
Amendment 194 #

2019/2208(INI)

Motion for a resolution
Paragraph 15
15. Is concerned that the legislation of several Member States includes extensive and sometimes divergent lists of ‘objective criteria’ for defining the risk of absconding, which are often applied in a more or less automatic way, while individual circumstances are of marginal consideration; underlines the need for a harmonized and exhaustive common Union list of objective criteria to establish the risk of absconding;
2020/07/10
Committee: LIBE
Amendment 218 #

2019/2208(INI)

Motion for a resolution
Paragraph 17
17. Notes that a significant number of children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests; calls on Member States to provide adequate, humane and non-custodial alternatives to detention when in the best interest the child and where necessary to guarantee their safety;
2020/07/10
Committee: LIBE
Amendment 231 #

2019/2208(INI)

Motion for a resolution
Paragraph 19
19. Calls on the Commission to ensure that Member States and Frontex have monitoring bodies in place that are supported by a proper mandate, capacity and competence, a high level of independence and expertise, and transparent procedures; urges the Commission to ensure the establishment of a post-return monitoring mechanism to understand the fate of returned persons, with particular attention for unaccompanied minorshere legally and practically possible, with particular attention for vulnerable groups such as unaccompanied minors; highlights the need to follow up on reintegration plans of returnees to ensure the effective implementation; calls on the Commission to facilitate the exchange of good practices between the Member States regarding post-return monitoring and to allocate sufficient funding for this purpose;
2020/07/10
Committee: LIBE
Amendment 17 #

2019/2207(INI)

Motion for a resolution
Citation 20 a (new)
- having regard to the case-law of the European Court of Human Rights and in particular its judgment of 9 July 2019 in the case Romeo Castaño v. Belgium;
2020/10/07
Committee: LIBE
Amendment 19 #

2019/2207(INI)

Motion for a resolution
Recital -A (new)
-A. whereas judicial cooperation in the Union is a relevant factor in achieving strategic autonomy and the environmental, social, economic and digital challenges posed;
2020/10/07
Committee: LIBE
Amendment 25 #

2019/2207(INI)

Motion for a resolution
Recital B
B. whereas the EAW is in general a success and has replaced extraditions with transfers; whereas transfers have been shortened to 40 days on average where the individual does not consent;
2020/10/07
Committee: LIBE
Amendment 27 #

2019/2207(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas of the 150 000 EAWs issued between 2005 and 2016, only 43 000 were executed, and whereas refusal to execute an EAW is not unusual;
2020/10/07
Committee: LIBE
Amendment 30 #

2019/2207(INI)

Motion for a resolution
Recital D
D. whereas mutual recognition is not new but was developed in the area of free movement of goods, persons, services and capital (Cassis de Dijon logic); whereas any move away from applying the principle of mutual recognition in criminal matters may have negative consequences and affect its application in other fields, such as the internal market;
2020/10/07
Committee: LIBE
Amendment 37 #

2019/2207(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas the establishment of the EU mechanism on democracy, rule of law and fundamental rights will constitute a basis for recovery of this mutual trust; whereas the time has come to set out concrete ways of supporting mutual recognition in the implementation of the Framework Decision, binding its implementation to results stemming from the mechanism; whereas the inadequate and incoherent implementation of the Framework Decision by some Member States is not helping to reinforce this mutual trust;
2020/10/07
Committee: LIBE
Amendment 54 #

2019/2207(INI)

Motion for a resolution
Recital K
K. whereas mutual recognition needs harmonisation ois facilitated if criminal material law and procedure are sufficiently harmonised; whereas progress has been made in the last few years, such as the six directives on procedural rights, Directive 2012/29/EU on victims’ rights20, and the harmonisation of criminal offences; _________________ 20 OJ L 315, 14.11.2012, p. 57.
2020/10/07
Committee: LIBE
Amendment 73 #

2019/2207(INI)

Motion for a resolution
Paragraph 1
1. Points out that the EAW is a major achievement and an effective and indispensable instrument; states that the EAW has substantially improved cooperation on surrenders; points out, however, that in these 20 years the world has been going through a digital transformation that has changed crime's ecosystem, and advises an update of legal rights to be protected;
2020/10/07
Committee: LIBE
Amendment 77 #

2019/2207(INI)

Motion for a resolution
Paragraph 2
2. Notes the existence of particular problems; finds that these do not call the system into questionplace the system at risk, but they do need to be addressed to avoid certain blind spots that weaken the system; states that in addition to creating opportunities for citizens, the Schengen area and digital transformation have opened up new channels for the perpetration of criminal acts and facilitated the presence of transnational elements in many serious crimes;
2020/10/07
Committee: LIBE
Amendment 87 #

2019/2207(INI)

Motion for a resolution
Paragraph 4
4. Notes that some issues were solved by a combination of soft law (EAW handbook), mutual assessments, the assistance of Eurojust, CJEU case law and supplementing legislation (Framework Decision 2009/299/JHA and Directive 2013/48/EU), although others continue to exist;
2020/10/07
Committee: LIBE
Amendment 92 #

2019/2207(INI)

Motion for a resolution
Paragraph 5
5. Points out that the EAW should be enhanced as all Member States take part in it; recalls that any weakening of mutual recognition in criminal matters can only lead to its weakening in other areas, which would be prejudicial to tackling common policies, such as the internal market, effectively;
2020/10/07
Committee: LIBE
Amendment 113 #

2019/2207(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Calls on the Commission to carry out a formal and substantive consistency assessment of the list of 32 categories not requiring a double criminality check; notes that greater legal certainty must be provided to all involved in implementation, thereby avoiding unnecessary disputes;
2020/10/07
Committee: LIBE
Amendment 185 #

2019/2207(INI)

Motion for a resolution
Paragraph 28
28. Reiterates the importance of an EU mechanism on democracy, the rule of law and fundamental rights, in the form of an interinstitutional agreement consisting of an annual independent and evidence-based review to assess the compliance of all EU Member States with Article 2 TEU, plus country-specific recommendations, so as to enhance mutual recognition between the Member States; stresses the importance of linking refused enforcement arising from a possible breach of fundamental rights with the annual results obtained through the mechanism;
2020/10/07
Committee: LIBE
Amendment 203 #

2019/2207(INI)

Motion for a resolution
Paragraph 32
32. Points out that shortcomings with the EAW can lead to a denial of access to justice and a lack of protection for victims; emphasises that impunity, as a result of deficiencies in judicial cooperation, has a very negative impact on the rule of law, judicial systems and society, public confidence in the institutions and the victims themselves;
2020/10/07
Committee: LIBE
Amendment 214 #

2019/2207(INI)

Motion for a resolution
Paragraph 34
34. Calls on the Commission to provide for a coherent policy on mutual recognition to avoid different answers to the same issues and to formulate new mechanisms to ensure the uniform implementation of grounds for refused enforcement arising from a possible breach of fundamental rights;
2020/10/07
Committee: LIBE
Amendment 215 #

2019/2207(INI)

Motion for a resolution
Paragraph 34 a (new)
34a. Calls in particular for the establishment of mandatory grounds for refused enforcement arising from a possible breach of fundamental rights that are based on the results obtained through the EU mechanism on democracy, the rule of law and fundamental rights and that, in the interests of improved legal certainty, replace examination of each individual case by the Member State of enforcement; calls in addition for a system of precautionary measures to be incorporated into the Framework Decision in order to underpin the guarantees provided, thereby enhancing trust and mutual recognition between Member States where Article 7(1) or (2) of the TEU has been activated and confidence in the Member State concerned is being drastically eroded;
2020/10/07
Committee: LIBE
Amendment 216 #

2019/2207(INI)

Motion for a resolution
Paragraph 35
35. Calls on the Commission to conduct a cross-case study of instruments so as to prevent abnormalities, as with the rules on transfer of prisoners and EAWs; urges in particular that the practical implementation of the instrument in different countries be observed, with a view to identifying good practices that result in a high degree of compliance with warrants issued by certain countries and the specific difficulties encountered in countries where the level of non- compliance with European European arrest warrants is particularly high;
2020/10/07
Committee: LIBE
Amendment 3 #

2019/2206(INI)

Motion for a resolution
Citation 3
— having regard to Articles 1, 2, 3, 4, 18, 19 and 1847 of the Charter of Fundamental Rights of the European Union,
2020/07/08
Committee: LIBE
Amendment 6 #

2019/2206(INI)

Motion for a resolution
Citation 4
— having regard to Articles 2, 3, 5, 8 and 813 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (ECHR),
2020/07/08
Committee: LIBE
Amendment 12 #

2019/2206(INI)

Motion for a resolution
Citation 19 a (new)
— having regard to the report of the European Asylum Support Office of June 2020, entitled ‘Annual Report on the Situation of Asylum in the European Union’,
2020/07/08
Committee: LIBE
Amendment 16 #

2019/2206(INI)

Motion for a resolution
Recital -A (new)
-A. whereas the implementation of the Dublin regulation is closely linked to the implementation of other files of the European asylum and migration policy; whereas these pieces of legislations and policies impact the efficiency of the Dublin regulation and therefore need to be considered in its evaluation;
2020/07/08
Committee: LIBE
Amendment 17 #

2019/2206(INI)

Motion for a resolution
Recital A
A. whereas 2.5 million people applied for asylum in the European Union in the period 2015-2016, a fourfold increase compared to 2012-20131,393,920 asylum seekers applied for international protection in the EU+ in 2015 and 1,292,740 in 2016, a fourfold increase compared to 2012 (373,375) and 2013 (464,515); whereas the number of applications for international protection in the EU+ is rising again in 2018 (665,920) and 2019 (738,425); whereas about 17,700 unaccompanied minors lodged an application for international protection in 2019; whereas 86% of them were boys and 90% between 14-18 years;
2020/07/08
Committee: LIBE
Amendment 23 #

2019/2206(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas early 2020, about 855,000 asylum applications were still pending in the EU+;
2020/07/08
Committee: LIBE
Amendment 26 #

2019/2206(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas in the recent years a significant new trend was an increase in the number of applications lodged by third-country nationals who travel visa- free or with a short-term visa to enter the Schengen area; whereas in 2019 the number of applications lodged by third- country nationals who travelled visa-free accounted for one-quarter of all applications; whereas the rate of protection of these third-country nationals is often low while the volume of application is high; whereas visa waiver or short-term visa also represent a regular and safe path to enter the EU for third- country nationals eligible to international protection;
2020/07/08
Committee: LIBE
Amendment 27 #

2019/2206(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas in the recent years the main countries of origin of asylum seekers in the EU+ are Syria, Afghanistan and Iraq, countries torn by civil war, violence and conflict; whereas in 2019, three countries of origin accounted for one-quarter of all applications for international protection in EU+, naming Syria, Afghanistan, and Venezuela;
2020/07/08
Committee: LIBE
Amendment 30 #

2019/2206(INI)

Motion for a resolution
Recital B
B. whereas one-third of the Member States currently play host toed 90% of asylum seekers between 2008-17;
2020/07/08
Committee: LIBE
Amendment 33 #

2019/2206(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas several “first-entry” Member States in the Mediterranean, Greece, Italy, Malta, Cyprus and Spain, received a large part of first time applications, in particular during the 2015-16 crisis; whereas a strong burden is put on first-entry countries to determine the Member State responsible for examining an application for international protection in accordance to the Dublin regulation;
2020/07/08
Committee: LIBE
Amendment 37 #

2019/2206(INI)

Motion for a resolution
Recital B b (new)
Bb. whereas in 2018, Germany recorded the largest number of applications (184,180, or 28% of the total), followed by France (120,425 applications, or 19%), Greece (66,695 applications, or 11%), Italy (59,950 applications, or 10%) and Spain(52,700 applications, or 9%);
2020/07/08
Committee: LIBE
Amendment 38 #

2019/2206(INI)

Motion for a resolution
Recital B c (new)
Bc. whereas there are significant divergences between Member States in terms of safe-country of origin analysis;
2020/07/08
Committee: LIBE
Amendment 67 #

2019/2206(INI)

Motion for a resolution
Recital D a (new)
Da. whereas the temporary solidarity mechanism for Search and Rescue in the Mediterranean settled by the Malta declaration, and signed on 23rd September 2019 by Germany, France, Italy and Malta, was valid for a period of at least six months; whereas no other Member State joined this ad hoc agreement;
2020/07/08
Committee: LIBE
Amendment 71 #

2019/2206(INI)

Motion for a resolution
Recital D b (new)
Db. whereas information gaps do not allow for a comprehensive evaluation of the implementation of Dublin regulation; whereas statistical information is not provided to the same degree or frequency between the Member States; whereas key information gaps cover grounds for requests, duration of procedures, resources, withdrawn applications, failed transfers, appeal, processes and detention;
2020/07/08
Committee: LIBE
Amendment 82 #

2019/2206(INI)

Motion for a resolution
Paragraph 1
1. Considers that the Dublin system places a significant burden on a minority of Member States, in particular when influxes of migrants occur; considers that the first- entry criterion in Dublin put an unprecedented and disproportionate burden on frontline countries in 2015-16 in terms of registration and reception of asylum seekers; stresses that the introduction of hotspots and a temporary relocation programme as proposed by the Commission in 2015 was intended to rebalance the management of asylum- seekers when entering the EU territory, as a pragmatic approach compared to the strict application of Dublin regulation principles; takes the view that the EU therefore needs a solidarity mechanism which makes for fair sharing of burdens and responsibility among Member States in accordance with article 80 TFEU, including through relocation on the basis of objective criteria of asylum seekers who are manifestly eligible for asylum;
2020/07/08
Committee: LIBE
Amendment 118 #

2019/2206(INI)

Motion for a resolution
Paragraph 3
3. Notes that the crisis management tool provided for in Article 33 did not provide effective support to the Member States, nor did it offer a response to the consequences of the COVID-19 crisis; notes that Article 33 has actually never been applied, not even during the migration crisis in 2015-16; considers that a solidarity-based crisis management mechanism, endowed with a financial instrument managed by the Commission, should be established to ensure continuity of the right of asylum in the EU under the best possible conditions;
2020/07/08
Committee: LIBE
Amendment 126 #

2019/2206(INI)

Motion for a resolution
Paragraph 4
4. CUnderlines that the discretionary clause of article 17 which grants discretion to a Member State to undertake responsibility for an asylum application is used with parsimony and only by few Member States; notes that Germany, Netherlands and France accounted for the majority of cases in 2018; calls on the Member States to make use of the discretionary clause in Article 17 when exceptional circumstances so warrant, for example to relocate asylum seekers currently living in the Greek hotspots in an atmosphere of extreme tension and to provide decent reception conditions;
2020/07/08
Committee: LIBE
Amendment 173 #

2019/2206(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Notes with concern that LGBTI persons can be subjected to discrimination and violence in countries deemed ‘safe’, thus rendering their claims for asylum entirely legitimate in such circumstances; further notes that fast-track procedures and list of 'safe countries' should not unduly affect asylum claims of vulnerable groups, such as LGBTI persons; recalls that the application of fast-track procedures and lists of safe countries should be consistent with the principle of non-refoulement and fundamental rights of the most vulnerable;
2020/07/08
Committee: LIBE
Amendment 177 #

2019/2206(INI)

Motion for a resolution
Paragraph 8
8. Calls on the Commission to monitor compliance with the hierarchy of criteria more closely; regards it as essential to clarify the conditions for applyingPoints out numerous and systematic deficiencies as regards compliance with the hierarchy of criteria; stresses that family unity is far from being the most frequent criterion applied, whereas it is at the top of the hierarchy according to chapter III of the regulation; notes for instance that the family reunificationt criterion and to harmonise the standard of proof required; calls on the Member States and the Commission to protect the best interests of children and to clarify the criteria for keeping children in detentionwas invoked in 5% of “take charge” requests in France (out of 12 000) and in 3.7% in Germany (out of 17 500), and in even lower figures in Belgium, Sweden, Switzerland; underlines on the contrary that Greece issued 79.3% of its “take charge” request on the basis of the family unity criterion in 2018; also stresses that applications for family reunification are less frequently accepted (48% of cases), compared to the average rate of acceptance for all procedures (67.6%); Calls on the Commission to monitor compliance with the hierarchy of criteria more closely;
2020/07/08
Committee: LIBE
Amendment 184 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Regards it as essential to clarify the conditions for applying the family reunification criterion and to harmonise the standard of proof required; recalls that the best interest of the child should be the primary consideration in all Dublin procedures according to the regulation; notes that good practices are developed in certain Member States, such as the use of specialised staff for unaccompanied minors or the multidisciplinary approach to determine the age; yet, is deeply concerned that the appointment of a representative to assist unaccompanied minors with respect to Dublin procedures is often delayed or not assured in many Member States due to practical challenges; also notes that the representatives in some countries are insufficiently informed about Dublin procedures and that unaccompanied minors lack child-friendly support; calls on the Member States and the Commission to better protect the best interests of children;
2020/07/08
Committee: LIBE
Amendment 186 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Calls on Member States to adequately train asylum officers regarding the needs of the most vulnerable, such as LGBTI persons, and to ensure interviews are conducted in settings favourable to the full disclosure of crucial information to prove the validity of the claim; notes with concern that some LGBTI asylum-seekers may not feel initially comfortable with disclosing their sexual orientation or gender identity because of previous negative interactions with authorities in the country of origin;
2020/07/08
Committee: LIBE
Amendment 190 #

2019/2206(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Detention shall be as short as possible and shall be for no longer than the time reasonably necessary to fulfil the required administrative procedures with due diligence until the transfer under this Regulation is carried out; stresses that in the absence of harmonised criteria for determining the risk of absconding, Member States have adopted divergent and sometime controversial criteria; calls on the Member States and the Commission to clarify the criteria for keeping asylum seekers in detention;
2020/07/08
Committee: LIBE
Amendment 197 #

2019/2206(INI)

Motion for a resolution
Paragraph 9
9. Stresses that the number of transfer procedures has increased significantly, in 2016-17, generating considerable human, material and financial costs; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; stresses the lack of cooperation and information-sharing between Member States; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; proposes that the conditions which trigger transfer procedures be clarified and harmonisedunderlines that between 2016 and 2019, Germany and France issued by far the most requests (68% of the total for the two countries alone), while Spain, Estonia, Lithuania, Latvia, Slovakia, Bulgaria, Poland and Czech Republic issued few Dublin requests; stresses that Spain issued almost no Dublin requests, despite a large and growing number of asylum applications; deplores, however, the fact that in only 11% of cases are transfers actually carried out, a further factor in the permanent overloading of asylum systems; underlines that there are significant differences between countries, with 54.6% of transfers carried out from Greece, 42.2% from Sweden, 11.2% from Germany, 6.7% from France, and 1.6% from Italy between 2016 and 2019, while noting significant information gap for a number of countries;
2020/07/08
Committee: LIBE
Amendment 210 #

2019/2206(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Notes that shortages in terms of structural organisation, resources and functioning of national asylum authority contributed to delay Dublin procedures and hindered the application of the Regulation; notes that while most countries entrusted one specialised authority for asylum, some Member States have chosen to separate the responsibility between different authorities, creating in certain cases practical complexities for asylum seekers and divergences in the implementation of the regulation;
2020/07/08
Committee: LIBE
Amendment 212 #

2019/2206(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Stresses that the efficiency of Dublin procedures also depends on the quality and size of staff in each national asylum authority; notes important gaps between asylum authorities in terms of number of staff per asylum applicants; stresses that national Dublin Units are understaffed while facing significant increase in their workload;
2020/07/08
Committee: LIBE
Amendment 213 #

2019/2206(INI)

Motion for a resolution
Paragraph 9 d (new)
9d. Stresses the lack of cooperation and information-sharing between Member States; notes that “take back” requests have been the dominant form of Dublin procedures in recent years, meaning that most persons placed in a Dublin procedure had already applied for asylum in another Member State; regards efforts to combat secondary movements as essential in order to reduce the number of transfer requests; stresses that the strict application of the “irregular entry” criterion puts a disproportionate burden on first-entry countries, who often lack resources and capacities to host and register asylum seekers; recalls that the time limits at each stages of the Dublin procedure are meant to keep the procedure short and enable fast access to the asylum procedure; notes that there are still a lack of clarity and variations between the Member States for the calculation of time limits and the point at which the clock starts for each procedure; proposes that the conditions which trigger transfer procedures be clarified and harmonised;
2020/07/08
Committee: LIBE
Amendment 225 #

2019/2206(INI)

Motion for a resolution
Paragraph 11
11. Considers that providing asylum seekers with legal assistance in connection with Dublin procedures, in particular in the hotspots, would simplify the process of obtaining asylum and improve decision- making; calls on the Member States to improve the information made available to asylum seekers on the complex Dublin procedures, to ensure that it is clear and accessible to everyone;
2020/07/08
Committee: LIBE
Amendment 229 #

2019/2206(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Stresses that the quality and amount of information provided to the applicants along the Dublin procedures is far from being satisfactory, varies significantly between countries, and in some cases within countries; notes that different factors affect the compliance the right of information, such as the quality and clarity of information, the access to an interpreter, the availability of translated documents, the access to information in due time; recalls that the right to information according to article 4 of the regulation is essential regarding the complex nature of Dublin procedures and to guarantee the access to a fair examination of an asylum application in the EU; underlines that gaps in this field can be related to a lack of resources but also results from deliberate policy choices in certain countries; calls on the Member States to improve the information made available to asylum seekers, to ensure that it is clear and accessible to everyone;
2020/07/08
Committee: LIBE
Amendment 252 #

2019/2206(INI)

Motion for a resolution
Paragraph 14
14. TStresses that the Commission's network of Member States’ Dublin units met only once or twice a year and did not have an operational role; notes however that the EASO Dublin Units Network has been more active and that EASO has carried-out a number of useful missions in support to Member States for implementing the Dublin regulation, such as the production of guidance documents and analysis, or the deployment of agents; takes the view that closer cooperation between national asylum authorities is needed, in order to share information and streamline transfers; proposes that EASO be given the task of drawing up enhanced governance arrangements for the application of the Dublin III Regulation, including a monthly operational dialogue between national authorities, and a platform for the exchange and sharing of information and best practices;
2020/07/08
Committee: LIBE
Amendment 278 #

2019/2206(INI)

Motion for a resolution
Paragraph 16 a (new)
16a. Calls on the EASO to ensure full country of origin information, which must be regularly updated to reflect reality; notes that special attention must be paid to the most vulnerable groups in country of origin information reports; notes that, in certain instances, LGBTI persons’ asylum claims are not accepted due to coming from a country deemed ‘safe’, whereas in fact the applicant may be subjected to discrimination or violence; recalls that applicants must not be denied asylum on grounds of outdated or incomplete country of origin information.
2020/07/08
Committee: LIBE
Amendment 281 #

2019/2206(INI)

Motion for a resolution
Paragraph 17
17. UNotes that bilateral agreements have been concluded between Member States to improve the efficiency of Dublin procedures or ensure the transfer of asylum seekers; urges the Commission and the Council to work towards convergence in the bilateral agreements concluded between Member States and with third countries, in order to optimise implementation of the Dublin III Regulation;
2020/07/08
Committee: LIBE
Amendment 284 #

2019/2206(INI)

Motion for a resolution
Paragraph 17 a (new)
17a. Considers that the implementation of the Dublin regulation is not effective as the primary objectives are not met, i.e. a swift and fair determination of the Member States responsible for an application to international protection; recalls that significant gaps of implementation are identified for a number of Dublin provisions; stresses that the regulation is highly inefficient with regard to the cost of implementation compared to the efficiency of the regulation;
2020/07/08
Committee: LIBE
Amendment 60 #

2019/2199(INI)

Motion for a resolution
Citation 25 a (new)
– having regard to its resolution of 3 May 2018 on the protection of children in migration1a, __________________ 1a Texts adopted, P8_TA(2018)0201
2020/02/28
Committee: LIBE
Amendment 97 #

2019/2199(INI)

Motion for a resolution
Citation 40 a (new)
– having regard to the resolution of the Parliamentary Assembly of the Council of Europe of October 2014 on the alternatives to immigration detention of children (RES 2020),
2020/02/28
Committee: LIBE
Amendment 116 #

2019/2199(INI)

Motion for a resolution
Recital A a (new)
Aa. whereas persistent racist, xenophobic and homophobic attitudes are starting to be seen as normal in the Member States and are embraced by opinion leaders and politicians across the EU, fostering a social climate that provides fertile ground for racism, discrimination and hate crimes;
2020/02/28
Committee: LIBE
Amendment 129 #

2019/2199(INI)

Motion for a resolution
Recital A b (new)
Ab. whereas hate speech and hate crimes motivated by intolerance from far- right and far-left extremisms are growing;
2020/02/28
Committee: LIBE
Amendment 135 #

2019/2199(INI)

Motion for a resolution
Recital A c (new)
Ac. whereas an independent judiciary, freedom of expression and information and media pluralism are crucial components of the rule of law;
2020/02/28
Committee: LIBE
Amendment 166 #

2019/2199(INI)

Motion for a resolution
Recital B
B. whereas Roma women are particularly affected as regards women’s rights and often face exacerbated forms of verbal, physical, psychological and racial harassment in reproductive health care settings, as has found to be the case in Bulgaria19 ; whereas Roma have also experienced in that Member State, ethnic segregation in maternal health care facilities, and are placed in segregated rooms with segregated bathrooms and eating facilities20 ; whereas in some Member States, such as the Slovak Republic and the Czech Republic, Roma have been subjected to systematic practices of forced and coercive sterilisation and have been unable to obtain adequate reparations, including compensation, for the resulting violations of their human rights21 ; __________________ 19Commissioner for Human Rights of the Council of Europe, Women’s Sexual and Reproductive Health and Rights in Europe, Council of Europe, Strasbourg, 2017, pp. 42-44; Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017 ; European Roma Rights Centre, Romani woman harassed by racist hospital staff during childbirth wins case, European Roma Rights Centre, 18 January 2017, http://www.errc.org/press- releases/romani-woman-harassed-by- racist-hospital-staff-during-childbirth- wins-case 20Decision of the European Committee of Social Rights of 5 December 2018, European Roma Rights Centre v Bulgaria, Complaint No. 151/2017. 21Committee on Economic, Social and Cultural Rights, Concluding observations on the third periodic report of Slovakia, 18 October 2019, E/C.12/SVK/CO/3, paras. 44-45; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined twelfth and thirteenth periodic reports of Czechia, 19 September 2019, CERD/C/CZE/CO/12-13, paras. 19-20; Committee on the Elimination of Racial Discrimination, Concluding observations on the combined eleventh and twelfth periodic reports of Slovakia, 12 January 2018, CERD/C/SVK/CO/11-12, paras. 23- 24; Human Rights Committee, Concluding observations on the fourth report of Slovakia, 22 November 2016, CCPR/C/SVK/CO/4, paras. 26-27.;
2020/02/28
Committee: LIBE
Amendment 171 #

2019/2199(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas the values referred to in Article 2 of the TEU are in serious risk, whereas the development of education and training to foster critical thinking, to give tools to identify all forms of discrimination and intolerance and promote digital literacy, is crucial;
2020/02/28
Committee: LIBE
Amendment 185 #

2019/2199(INI)

Motion for a resolution
Recital C
C. whereas on 1 October 2019, the Council of Europe’s Committee on Legal Affairs and Human Rights approved an investigation into the growing number of national, regional and local politicians prosecuted for statements made in the exercise of their mandate in Spain22 ; __________________ 22Introductory memorandum of the Committee on Legal Affairs and Human Rights of the Council of Europe, Should politicians be prosecuted for statements made in the exercise of their mandate?, 1 October 2019, AS/Jur (2019) 35.deleted
2020/02/28
Committee: LIBE
Amendment 193 #

2019/2199(INI)

Motion for a resolution
Recital D
D. whereas many instances of disproportionate use of force against peaceful demonstrators continue to be reported across the EU, including the beating of demonstrators; whereas law enforcement authorities in some Member States such as Romania23 , Spain and France24 are increasingly using less lethal weapons, such as batons, tear gas, hand- held sting grenades, electroshock weapons, water cannons and rubber bullets to control or disperse crowds of demonstrators; whereas the number of persons seriously wounded in demonstrations in recent years as a result of the use of rubber bullets is particularly striking; __________________ 23European Parliament resolution of 13 November 2018 on the rule of law in Romania (Texts adopted, P8_TA(2018)0446) 24Commissioner for Human Rights of the Council of Europe, Shrinking space for freedom of peaceful assembly, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Memorandum on maintaining public order and freedom of assembly in the context of the ‘yellow vest’ movement in France, Council of Europe, Strasbourg, 2019; Commissioner for Human Rights of the Council of Europe, Protection of the rights to freedom of expression and peaceful assembly during last week’s demonstrations in Catalonia, Council of Europe, Strasbourg, 2019;
2020/02/28
Committee: LIBE
Amendment 203 #

2019/2199(INI)

Motion for a resolution
Recital E
E. whereas, by selling arms to countries that are conducting brutal war campaigns, acting as a backer for opposing sides in foreign conflicts, by supporting coups against democratically elected leaders, and by supporting crushing sanctions, the EU has exacerbated violence in already fragile countries; whereas the EU has an obligation under EU and international law to help those who come to the EU seeking asylum; whereas, furthermore, it must not cause or take part in creating chaos in non-EU countries;deleted
2020/02/28
Committee: LIBE
Amendment 218 #

2019/2199(INI)

Motion for a resolution
Recital F
F. wWhereas pushbacks constitute a violthe EU has an obligation ofunder EU and international law and prevent migrants from benefiting from the legal guarantees firmly laid down in such law; whereas the Council of Europe Commissioner for Human Rights expressed grave concern about consistent reports of violent pushbacks by Croatian law enforcement officials25 to help those who come to the EU seeking asylum; whereas the Council of Europe Commissioner for Human Rights also expressed concerns regarding the practice of ‘summary returns’ in the enclaves of Ceuta and Melilla in relation to the ECtHR cases N.D. v Spain and N.T. v Spain26 ; __________________ 25 Letter from the Commissioner for Human Rights of the Council of Europe to the Prime Minister of Croatia of 20 September 2018; Commissioner for Human Rights of the Council of Europe, Bosnia and Herzegovina must immediately close the Vučjak camp and take concrete measures to improve the treatment of migrants in the country, Council of Europe, Strasbourg, 2019 26Third party intervention by the Council of Europe Commissioner for Human Rights of 22 March 2018, N.D. v Spain and N.T. v Spain, CommDH(2018)11.grave concern about consistent reports of violent pushbacks;
2020/02/28
Committee: LIBE
Amendment 233 #

2019/2199(INI)

Motion for a resolution
Recital F a (new)
Fa. whereas access to justice is a fundamental right and impunity represents an important obstacle for recovery and protection of victims;
2020/02/28
Committee: LIBE
Amendment 257 #

2019/2199(INI)

Motion for a resolution
Paragraph 1
1. Recognises that the EU plays an important role in preventing poverty and social exclusion in the Member States, and calls on the Commission and the Council to make macroeconomic decisions based onscrupulously respect the fundamental rights enshrined in the Charter when presenting proposals and making decisions;
2020/02/28
Committee: LIBE
Amendment 260 #

2019/2199(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses the importance for the EU and its Member States to work out specific programmes aimed at ending child poverty;
2020/02/28
Committee: LIBE
Amendment 261 #

2019/2199(INI)

Motion for a resolution
Paragraph 1 b (new)
1b. Acknowledges the importance for Member States to adopt laws to safeguard and strengthen maternity and paternity rights in order to provide a healthy, stable environment for children, in particular during the first months of their lives;
2020/02/28
Committee: LIBE
Amendment 274 #

2019/2199(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Recalls that citizens shall have equal opportunities to access jobs and that employment is, as general principle, the best way to lift people out of poverty;
2020/02/28
Committee: LIBE
Amendment 297 #
2020/02/28
Committee: LIBE
Amendment 298 #

2019/2199(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Calls on the Member States to ensure the right to education for all children in the EU and the respect of the best interests of the child and protect them from any discrimination; points out that education systems with language immersion schemes may compromise learning, especially for those children with any disability involving language development problems, such as autism spectrum disorder (ASD);
2020/02/28
Committee: LIBE
Amendment 299 #

2019/2199(INI)

Motion for a resolution
Paragraph 4 b (new)
4b. Calls on the Member States to ensure that migrant and refugee children are granted access to formal and informal education swiftly after their arrival in the European Union territory;
2020/02/28
Committee: LIBE
Amendment 300 #

2019/2199(INI)

Motion for a resolution
Paragraph 4 c (new)
4c. Calls on the Member States to include in school curricula education about the value of tolerance, in order to provide children with the tools they need to identify all forms of discrimination and the features of hate speech and incitement to violence;
2020/02/28
Committee: LIBE
Amendment 301 #

2019/2199(INI)

Motion for a resolution
Paragraph 4 d (new)
4d. Highlights that children face new risks in the digital world and that they have to be educated about their fundamental rights to make this environment safer for them; calls on the Commission and the Member States to promote digital literacy, including media and information literacy, as a part of the basic education curriculum and from the earliest years of schooling;
2020/02/28
Committee: LIBE
Amendment 302 #

2019/2199(INI)

Motion for a resolution
Paragraph 4 e (new)
4e. Stresses that political profiling, disinformation and manipulation of information represent a threat to the EU’s democratic values; calls on the Commission and the Member States to contribute to the development of education and training in critical thinking that citizens can form their own opinion to face these risks;
2020/02/28
Committee: LIBE
Amendment 309 #

2019/2199(INI)

Motion for a resolution
Paragraph 4 f (new)
4f. Condemns any discrimination based on any grounds, such as prejudice against someone’s sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation, as stated in Article 21 of the Charter, or any other form of intolerance or xenophobia and recalls Article 2 of the TEU;
2020/02/28
Committee: LIBE
Amendment 311 #

2019/2199(INI)

Motion for a resolution
Paragraph 4 g (new)
4g. Stresses that sexism and gender stereotypes, which have led discrimination against women, have a severe impact on women’s fundamental rights in all spheres of life;
2020/02/28
Committee: LIBE
Amendment 369 #

2019/2199(INI)

Motion for a resolution
Paragraph 7 a (new)
7a. Calls on the Council to urgently conclude the EU ratification of the Istanbul Convention on preventing and combating violence against women and domestic violence, on the basis of a broad accession, without any limitation;
2020/02/28
Committee: LIBE
Amendment 373 #

2019/2199(INI)

Motion for a resolution
Paragraph 7 b (new)
7b. Emphasises that women face all types of gender-based discrimination in sport jobs; calls on the Commission and Member States to reinforce their commitment to end up with these practises;
2020/02/28
Committee: LIBE
Amendment 376 #

2019/2199(INI)

Motion for a resolution
Paragraph 7 c (new)
7c. Regrets the rise of number of cases of LGBTI people experiencing bullying and harassment and suffering from discrimination in different aspects of their lives;
2020/02/28
Committee: LIBE
Amendment 377 #

2019/2199(INI)

Motion for a resolution
Paragraph 7 d (new)
7d. Strongly condemns all discriminations against LGBTI people and their fundamental rights, including by public authorities and also the growing number of attacks and hate speech against the LGBTI community, motivated by homophobia and transphobia, that are currently on the rise across in the EU, including coming from the State, State officials, Governments at the national, regional and local levels, and politicians;
2020/02/28
Committee: LIBE
Amendment 380 #

2019/2199(INI)

Motion for a resolution
Paragraph 7 e (new)
7e. Calls on the Member States to implement the appropriate policies to ensure that the elderly can fully enjoy their social, political and economic rights to avoid their exclusion from society and ensure that life in old age is defined just as much by choice, control and autonomy as in other stages of life;
2020/02/28
Committee: LIBE
Amendment 382 #

2019/2199(INI)

Motion for a resolution
Paragraph 7 f (new)
7f. Recalls that the UN Convention on the Rights of Persons with Disabilities (UNCRPD) is a legally binding international treaty, signed and ratified by the EU, the aim being to ensure equal opportunities regarding accessibility, participation, equality, employment, education and training, social protection, health, and EU external action; calls the Member States to implement the appropriate policies to ensure that people with disabilities can fully enjoy their social, political and economic rights;
2020/02/28
Committee: LIBE
Amendment 406 #

2019/2199(INI)

Motion for a resolution
Subheading 2 a (new)
Racism, xenophobia and related intolerance
2020/02/28
Committee: LIBE
Amendment 412 #

2019/2199(INI)

Motion for a resolution
Paragraph 8 a (new)
8a. Condemns hate crime and hate speech motivated by racism, xenophobia or religious intolerance or prejudice against someone´s political or any other opinion, or by bias on the grounds of disability, sexual orientation, gender identity, sexual characteristics or minority status;
2020/02/28
Committee: LIBE
Amendment 420 #

2019/2199(INI)

Motion for a resolution
Paragraph 8 b (new)
8b. Emphasises that hate speech and hate crimes motivated by intolerance from far-right and far-left extremisms, are growing and must be addressed;
2020/02/28
Committee: LIBE
Amendment 425 #

2019/2199(INI)

Motion for a resolution
Paragraph 8 c (new)
8c. Condemns the normalisation of hate speech sponsored or supported by authorities, political parties or political leaders and reported by social media that is putting in risk the European values;
2020/02/28
Committee: LIBE
Amendment 430 #

2019/2199(INI)

Motion for a resolution
Paragraph 8 d (new)
8d. Calls on the Commission in this context to propose a recast of the Council Framework Decision on combating certain forms and expressions of racism, homophobia and xenophobia by means of criminal law in order to cover other forms of bias crime;
2020/02/28
Committee: LIBE
Amendment 436 #

2019/2199(INI)

Motion for a resolution
Paragraph 8 e (new)
8e. Emphasises the need to encourage victims to report hate crimes or discrimination, and to give them appropriate protection and support;
2020/02/28
Committee: LIBE
Amendment 452 #

2019/2199(INI)

Motion for a resolution
Subheading 3
Freedoms of expression, information, association and media freedom
2020/02/28
Committee: LIBE
Amendment 467 #

2019/2199(INI)

Motion for a resolution
Paragraph 9 a (new)
9a. Calls on public institutions to prevent and penalise attacks on journalists in the exercise of their work because of their language, media or editorial line;
2020/02/28
Committee: LIBE
Amendment 470 #

2019/2199(INI)

Motion for a resolution
Paragraph 9 b (new)
9b. Expresses its concern about the threat that fake news pose to freedom of speech and expression and to the independence of the media, while underlining the negative effects that the spread of false news might have on the quality of political debate and on the well- informed participation of citizens in democratic society; calls on the Commission to pursue its actions aimed at preventing these practises and guaranteeing data protection, transparency and cybersecurity;
2020/02/28
Committee: LIBE
Amendment 473 #

2019/2199(INI)

Motion for a resolution
Paragraph 9 c (new)
9c. Strongly condemns the increasing restrictions on freedom of assembly caused by intolerants during elections periods; reaffirms the crucial role of these fundamental freedoms in the functioning of democratic societies, and calls on the Commission to take an active role in promoting these rights in line with international human rights standards;
2020/02/28
Committee: LIBE
Amendment 499 #

2019/2199(INI)

Motion for a resolution
Paragraph 11 a (new)
11a. Recalls that children of LGBTI families, as well as their parents, are victims of human rights violations in the EU and are subject to restrictions of their freedom of movement in the EU, as a result of the refusal of some Member States to recognise same-sex parenthood; urges therefore the Member States and the Commission to adopt laws that recognise the free movement of public documents and mutual recognition of the effects of civil status records in the European Union;
2020/02/28
Committee: LIBE
Amendment 528 #

2019/2199(INI)

Motion for a resolution
Paragraph 12 a (new)
12a. Calls on the Commission to propose an urgent solution to resolve the flagrant cases of human rights violations in reception centres for refugees and migrants on European soil;
2020/02/28
Committee: LIBE
Amendment 531 #

2019/2199(INI)

Motion for a resolution
Paragraph 12 b (new)
12b. Urges the Commission and the Council to start the procedure to close the registration centres for asylum seekers based in European territory, where thousands of vulnerable people, including hundreds of children, have no access to basic services (health, education, etc.) and are subjected to intolerable subhuman conditions inside the EU;
2020/02/28
Committee: LIBE
Amendment 533 #

2019/2199(INI)

Motion for a resolution
Paragraph 12 c (new)
12c. Points out that almost a third of asylum seekers are children and are particularly vulnerable; calls on the EU and its Member States to step up their efforts to prevent unaccompanied minors from going missing and end up being victims of trafficking and sexual exploitation;
2020/02/28
Committee: LIBE
Amendment 539 #

2019/2199(INI)

Motion for a resolution
Paragraph 13
13. Expresses grave concern about consistent reports of violent pushbacks by law enforcement officials in several Member States; calls on the Commission and the Member States to investigate the matter and take effective measures to ensure that such policies and practices are scrapped, including by putting on hold funds for border surveillance and ensuring the independent monitoring of border control activities by national ombudsmen and NGOs; calls on the Commission and the Member States to provide a broad framework to enable orderly migration and avoid pushing migrants to use irregular migration channels;
2020/02/28
Committee: LIBE
Amendment 552 #

2019/2199(INI)

Motion for a resolution
Subheading 4 a (new)
Artificial intelligence and data protection
2020/02/28
Committee: LIBE
Amendment 554 #

2019/2199(INI)

Motion for a resolution
Paragraph 13 a (new)
13a. Calls on the EU institutions and the Member States to address the “digital gap” derived from the change of social paradigm introduced by the artificial intelligence and ensure the access to public administration and public services of all citizens, in particular those with disabilities, digital deficits or greater vulnerability; stresses that elderly people are one of the most affected groups by the “digital gap”;
2020/02/28
Committee: LIBE
Amendment 562 #

2019/2199(INI)

Motion for a resolution
Paragraph 13 b (new)
13b. Express concern about the risk of complexity of algorithms that may lead to bias, since algorithms apply their bias more consistently than humans do; points out that biased data can lead to biased outputs and to discrimination based on social, economic, ethnic, racial, sexual, gender, disability status or other factors;
2020/02/28
Committee: LIBE
Amendment 564 #

2019/2199(INI)

Motion for a resolution
Paragraph 13 c (new)
13c. Highlights that further safeguards to ensure privacy and data protection are needed in light of the development of new technologies; notes that, aside from ethical implications from emerging technologies such as Artificial Intelligence (AI) and big data, fundamental rights need to be considered;
2020/02/28
Committee: LIBE
Amendment 575 #

2019/2199(INI)

Motion for a resolution
Paragraph 13 d (new)
13d. Regrets the lack of ambitious actions, from the Commission and the Council, regarding the respect of rule of law in the European Union ; calls on the Commission and the Council to make full use of the tools available to address a clear risk of a serious breach of the rule of law and to move forward with the Article 7 on-going procedures and to present the EU mechanism on democracy, the rule of law and fundamental rights, without delay;
2020/02/28
Committee: LIBE
Amendment 576 #
2020/02/28
Committee: LIBE
Amendment 580 #

2019/2199(INI)

Motion for a resolution
Paragraph 13 e (new)
13e. Call on the Commission to provide Union citizens and residents with information about citizens’ rights to judicial redress and litigation routes in cases relating to violations of democracy, the rule of law and fundamental rights by national, regional, governments or EU institutions;
2020/02/28
Committee: LIBE
Amendment 583 #

2019/2199(INI)

Motion for a resolution
Paragraph 13 f (new)
13f. Stresses the importance of ensuring effective prevention of infringements of fundamental rights as a tool to truly protect the rule of law in the EU; underlines the importance of Parliament sending ad hoc delegations to Member States when there is clear evidence of serious breaches of democracy, the rule of law and fundamental rights;
2020/02/28
Committee: LIBE
Amendment 600 #

2019/2199(INI)

Motion for a resolution
Paragraph 14 b (new)
14b. Points out that the access to justice and the right of defence are both, fundamental rights; the disrespect of any of them leads to impunity and injustice, respectively; stresses that fight against impunity has to be a priority for European and national institutions; calls on the EU institutions and the Member States to improve the effectiveness of the European instruments of judicial cooperation, in particular the European Arrest Warrant to ensure the equal protection of victims and suspects or accused persons;
2020/02/28
Committee: LIBE
Amendment 606 #

2019/2199(INI)

Motion for a resolution
Paragraph 14 d (new)
14d. Strongly condemns the upsurge in the trafficking of human beings and urges the Member States to increase cooperation and step up their fight against organised crime, including smuggling and trafficking in human beings, but also exploitation, forced labour, sexual abuse, and torture, all while protecting victims;
2020/02/28
Committee: LIBE
Amendment 10 #

2019/2188(INI)

Draft opinion
Paragraph 1
1. Notes that the average gender pay gap in the 28 EU Member StatesEU stands at 15.76 %, that women are more affected by atypical and flexible contracts (zero-hour contracts, temporary work, part-time work, etc.) than men, and that women are more likely to experience poverty and fall into the category of the poorest workers as a result of these low-security contracts;
2020/05/11
Committee: FEMM
Amendment 21 #

2019/2188(INI)

Draft opinion
Paragraph 2
2. Notes that, following the global economic and financial crisis in 2008, in- work poverty in the EU increased from 8 % to 10 %, and that the current unprecedented global COVID-19 pandemic will have even greater economic and financial consequences, which will have a direct impact in terms of increasing poverty, especially among women and the other most vulnerable groups in society, as its effects will be felt most keenly by workers in the service, tourism, hospitality and care sectors, the self- employed, temporary and seasonal workers, etc., among whom a higher proportion are women;
2020/05/11
Committee: FEMM
Amendment 21 #

2019/2188(INI)

Motion for a resolution
Recital -A (new)
-A. whereas according to Eurostat’s definition, individuals are at risk of in- work poverty when they work for over half of the year and when their equivalised yearly disposable income is below 60% of the national household median income level (after social transfers); whereas the latest Eurostat figures show that 9.4% of European workers were at risk of poverty in 20181a; __________________ 1a https://ec.europa.eu/eurostat/databrowser/ view/sdg_01_41/default/table?lang=en
2020/09/02
Committee: EMPL
Amendment 31 #

2019/2188(INI)

Draft opinion
Paragraph 3
3. Notes that, although poverty rates among women vary considerably from one Member State to another, the risk of poverty and social exclusion in the risk groups to which older women, single women and single mothers, refugee and migrant women, women of colour, homosexual, bisexual and transgender women and women with disabilities belong is the same;
2020/05/11
Committee: FEMM
Amendment 63 #

2019/2188(INI)

Motion for a resolution
Recital D
D. whereas the EU has clearly missed itspoverty statistics show large differences between the Member States in meeting the target to reduce poverty and social exclusion by 2020, with some countries moving towards the target, while others have moved away from it; whereas 8.2 million people were lifted out of the risk of poverty or social exclusion compared to the 2008 baseline which is a good progress but still far from the EU target of reducing the number of people at risk of poverty by 20 million by 20209; __________________ 9Francesca Pepé and Gaia Teresa Sartori Pallotta, Fostering access to services to support people to move out of poverty, Report on poverty and inequalities in Europe, Brussels, November 2019, p. 7 and p. 13 et seq., and COM (2010) 2020 final, 3.3.2010.
2020/09/02
Committee: EMPL
Amendment 65 #

2019/2188(INI)

Draft opinion
Paragraph 6 a (new)
6 a. Calls on the Commission and the Member States to ensure equal participation and opportunities for men and women in the labour market and to introduce initiatives to promote women's access to finance, female entrepreneurship, women's representation in future oriented sectors such as STEM and women's financial independence;
2020/05/11
Committee: FEMM
Amendment 195 #

2019/2188(INI)

Motion for a resolution
Paragraph 1 a (new)
1a. Stresses that the digital transformation and the growing number of high-skilled professions require targeted investment in lifelong learning to help people adapt to the changes or move into better-paid jobs which will reduce in- work poverty in the EU in the long term; calls on the Commission and the Member States to offer coherent and comprehensive support for building up the needed digital skills ensuring fast and successful digital transformation;
2020/09/04
Committee: EMPL
Amendment 210 #

2019/2188(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Underlines that high quality education, including vocational education and training, is essential for the reduction of inequalities, improving the employability and adaptability of the workers and facilitating their successful transition into employment; calls on the Member States to guarantee equal access to inclusive education and training and to strength their efforts to reduce early school leaving;
2020/09/04
Committee: EMPL
Amendment 223 #

2019/2188(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Reiterates that one of the essential step towards reducing inequalities is eliminating the persistent gender-based wage gap; calls on Member States to continue their efforts to eliminate the gender pay gap by enforcing the principle of equal pay for equal work;
2020/09/04
Committee: EMPL
Amendment 270 #

2019/2188(INI)

Motion for a resolution
Paragraph 6 a (new)
6a. Highlights that labour mobility is essential for getting the most out of Europeans’ talents and ambitions, maximising economic performance and prosperity of companies and individuals and offering people various opportunities; calls on the Commission and Member States to remove the existing barriers to the mobility in the European Union;
2020/09/04
Committee: EMPL
Amendment 298 #

2019/2188(INI)

Motion for a resolution
Paragraph 9
9. Calls for compliance with the rules on equality and anti-discrimination, particularly with regard to wagespeople with disabilities, ethnic or racial minorities, LGBTQ community, women and other groups of disadvantaged workers; calls in this regard for an immediate unblocking of the horizontal Anti-Discrimination Directive;
2020/09/04
Committee: EMPL
Amendment 399 #

2019/2188(INI)

Motion for a resolution
Paragraph 20
20. Points out that imbalances must not be exacerbated and that the consequences of the COVID-19 crisis must not be borne by workers or the poor through austerity measures or through the European Semester; insists that measures to combat poverty and in-work poverty are particularly necessarythe policy responses to the COVID-19 crisis must be human- centred and built on global solidarity; insists that measures to combat poverty and in-work poverty are particularly necessary; calls on the Member States to ensure adequate protection for all vulnerable workers during the pandemic and to work together with businesses and social partners on the development of effective, practical, and equitable solutions to the challenges posed by the pandemic;
2020/09/04
Committee: EMPL
Amendment 436 #

2019/2188(INI)

Motion for a resolution
Paragraph 23
23. Proposes to actively counter potential high unemployment through European and national employment programmes and to invest in innovation, new jobs, future-oriented infrastructure, digital change and ‘green transition’.;
2020/09/04
Committee: EMPL
Amendment 113 #

2019/2186(INI)

Motion for a resolution
Paragraph 1
1. Notes that the current European framework is unsatisfactory, with EU legal instruments which do notre is no harmonized EU framework covering all platform workers in their personal scope and which do not address the new realities of the world of work; regrets that this fragmentation places some platform workers in a legally precarious situation, resulting in some platform workers enjoying fewer or more limited rights than should be guaranteed to all platform workers regardless of their employment statuscompanies and their self-employed partners; Notes that Member States' different enforcement in combination with an growing digital service sector in some cases can put platform companies and self-employed in a precarious situation;
2021/03/25
Committee: EMPL
Amendment 146 #

2019/2186(INI)

Motion for a resolution
Paragraph 3
3. Believes that this legal uncertainty must be urgently addressed, while acknowledging that it cannot be easily solved by a one-size-fits-all approachmeasures aimed at clarifying the legal status should avoid affecting the growth of platform services and be based on comprehensive impact assessments in consultation with relevant actors; while acknowledging that it cannot be easily solved by a one-size-fits-all approach; emphasizes the importance that any initiative must respect national competences while ensuring Member States the opportunity to adapt measures in accordance to their legal tradition; believes that any proposal must recognise the heterogeneity of platforms and of platform workers, and take into account the current digital labour platforms model, where some platform workers are genuinely self-employed and wish to remain so;
2021/03/25
Committee: EMPL
Amendment 174 #

2019/2186(INI)

Motion for a resolution
Paragraph 5
5. Stresses the need to better combat bogus self-employment by means of a directive, so as to cover platform workers which are fulfilling the conditions characteristic of an employment relationship based on the actual performance of work, and not on the parties’ description of the relationship; is of the opinion that special attention should be given to digital labour platforms that strongly organise conditions and remuneration of online and on-location platform work, which could be used as guidance for determining the degree of responsibility of platforms towards platform workand to provide for legal certainty, so as to provide for clear criteria, stresses that platforms should be allowed to provide protections such as insurance, sick-pay, and holiday pay, to their self-employed partners;.
2021/03/25
Committee: EMPL
Amendment 221 #

2019/2186(INI)

Motion for a resolution
Paragraph 7
7. Stresses that some platform workers may be subject to increased health and safety risks; is of the opinion that the Commission proposal must address the occupational health and safety of platform workers as well as establish minimum requirements to enable them exercise a right tond if necessary, formulate guidance to give platform workers the opportunity to be disconnected without any adverse consequences;being disadvantaged.
2021/03/25
Committee: EMPL
Amendment 256 #

2019/2186(INI)

Motion for a resolution
Paragraph 11
11. Recognises that freedom of association and the right to collective bargaining are fundamental rights for all workers, and believes a directive on platform workers should ensure that these rightin this are effective and enforced; notes the potential for imbalanced relationships between digital labourgard that an initiative on platforms and workers, who may lack the individual bargaining power to negotiate their terms and conditions; notes further that there are also practical issues such as a lack of common means of communication and opportunities to meet online or in person, which can prevent collective representation in practice; calls on the Commission to address such impediments in its proposal; stresses the need for platform workers and platforms to be properly represented in order to facilitate social dialogue should identify measures on how to increase possibilities for self-employed to invoke proper working conditions;
2021/03/25
Committee: EMPL
Amendment 273 #

2019/2186(INI)

Motion for a resolution
Paragraph 12
12. Regrets tNotes established legal difficulties inaw in regards to collective representation faced by platform workers, and is aware that the solo self- employed are considered ‘undertakings’, and as such are subject to the prohibition on agreements that restrict competition; welcomes in this regard the inception impact assessment published by the Commission16, and the planned initiative to address this obstacle; is convinced that EU competition law must not hinder the improvement of the working conditions (including the setting of remuneration) and social protection of solo self- employed platform workers through collective bargaining; __________________ 16https://eur-lex.europa.eu/legal- content/EN/ALL/?uri=PI_COM%3AAres %282021%29102652
2021/03/25
Committee: EMPL
Amendment 1 #

2019/2169(INI)

Motion for a resolution
Citation 1
— having regard to Articles 2 and 3(3) of the Treaty on European Union (TEU), and Articles 6 and 8, 8, 10, 83, 153, 157 of the Treaty on the Functioning of the European Union (TFEU),
2020/06/08
Committee: FEMM
Amendment 2 #

2019/2169(INI)

Motion for a resolution
Citation 2
— having regard to Articles 21 and 23 of the Charter of Fundamental Rights of the European Union,
2020/06/08
Committee: FEMM
Amendment 5 #

2019/2169(INI)

Motion for a resolution
Citation 9 a (new)
— having regard to its resolution of 13 February 2020 on The EU priorities for the 64th session of the UN Commission on the Status of Women,
2020/06/08
Committee: FEMM
Amendment 6 #

2019/2169(INI)

Draft opinion
Recital B a (new)
Ba. whereas the Istanbul Convention is the first legally binding international instrument on preventing and combating violence against women and girls, establishing a comprehensive framework of legal and policy measures for preventing violence against women, supporting victims and punishing perpetrators;
2020/05/27
Committee: LIBE
Amendment 9 #

2019/2169(INI)

Motion for a resolution
Citation 13 a (new)
— having regard to its resolution of 17 April 2018 on gender equality in the media sector in the EU,
2020/06/08
Committee: FEMM
Amendment 24 #

2019/2169(INI)

Motion for a resolution
Citation 25
— having regard to the Beijing Declaration and Platform for Action, as well as the declarations adopted in the framework of the UN Summits Beijing +5, Beijing +10, Beijing +15 and Beijing +20nd the outcomes of its review conferences,
2020/06/08
Committee: FEMM
Amendment 26 #

2019/2169(INI)

Draft opinion
Recital A g (new)
Ag. whereas according to the latest figures from the Commission, the EU gender gap in hourly pay is 16%, although this varies significantly across Member States; whereas only 67% of women in the EU are employed, compared to 78% of men; whereas the gender pension gap stands at 37% and on average women’s pensions are 30.1% lower than men’s;
2020/05/26
Committee: EMPL
Amendment 30 #

2019/2169(INI)

Draft opinion
Paragraph 2
2. Reiterates its call for the Council and the Commission to swiftly adopt the Horizontal Anti-discrimination Directive; welcomes the Commission's intention to propose additional anti-discrimination legislation as set out in the political guidelines for the 2019-2024 European Commission and calls on the Commission to swiftly come up with it;
2020/05/27
Committee: LIBE
Amendment 32 #

2019/2169(INI)

Draft opinion
Recital A m (new)
Am. whereas women’s economic empowerment is key to achieving gender equality, combatting poverty and social exclusion and improving the European economy; whereas the economic loss resulting from the gender employment gap amounts to around EUR 370 billion per year1a;
2020/05/26
Committee: EMPL
Amendment 37 #

2019/2169(INI)

Draft opinion
Paragraph 3
3. Expresses its concern at the widespread prevalence of GBV in all its forms and the lack of full access to sexual and reproductive health and rights (SRHR); condemns serious violations of women's and children's rights within and beyond the EU, including female genital mutilation (FGM), forced abortion and sterilisation, early and forced marriage and other harmful practices against women and girls; calls for an EU-wide action plan to prevent and combat all forms of GBV; to this end calls for the appointment of a coordinator to implement this action plan; harmful practices against women and girls;
2020/05/27
Committee: LIBE
Amendment 43 #

2019/2169(INI)

Draft opinion
Recital A x (new)
Ax. whereas one in three women in the EU has experienced physical and/or sexual violence since the age of 15;
2020/05/26
Committee: EMPL
Amendment 44 #

2019/2169(INI)

Draft opinion
Recital A y (new)
Ay. whereas the participation of women in the labour market continues to grow; whereas women work more frequently in jobs that they are over- qualified for;
2020/05/26
Committee: EMPL
Amendment 44 #

2019/2169(INI)

Motion for a resolution
Recital B
B. whereas harmful gender structures and stereotypes throughout the world perpetuate inequality, and whereas overcomdismantling these structures and stereotypes will advance gender equality; whereas a strong women’s rights movement is needed to uphold democratic values, fundamental rights and women’s rights in particular, and whereas threats to women’s rights also represent threats to democracy;
2020/06/08
Committee: FEMM
Amendment 46 #

2019/2169(INI)

Draft opinion
Paragraph -1 a (new)
-1a. Takes note of the basis for EU intervention as described in the EC road map on the Gender Equality Strategy; underlines the importance of a Gender Equality Strategy that supports, coordinates and complements equality actions by the Member States;
2020/05/26
Committee: EMPL
Amendment 47 #

2019/2169(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas discrimination on the basis of gender is often combined with discrimination based on identities such as race or ethnic origin, religion or belief, disability, age, sexual orientation, class and/or migration status triggering double and multiple discriminations; whereas a horizontal intersectional perspective is essential in any gender equality policy in order to recognise and address these multiple threats of discrimination;
2020/06/08
Committee: FEMM
Amendment 49 #

2019/2169(INI)

Draft opinion
Paragraph -1 e (new)
-1e. Welcomes the new EU Strategy for Gender Equality 2020-2025, in particular the inclusion of the horizontal principles of gender mainstreaming and intersectionality; stresses the importance of ensuring that all women, including those from minority groups such as women with disabilities, migrant, women of colour and ethnic minority women, older women, single mothers and LGBTIQ people, benefit from its objectives and actions;
2020/05/26
Committee: EMPL
Amendment 51 #

2019/2169(INI)

Draft opinion
Paragraph -1 f (new)
-1f. Is concerned about the limited social mobility that hinders labour mobility amongst women; stresses the need to improve opportunities for labour mobility within the EU;
2020/05/26
Committee: EMPL
Amendment 51 #

2019/2169(INI)

Draft opinion
Paragraph 4
4. Urges the EU to accede toIs deeply concerned that 33% of women in the EU have experienced physical and/or sexual violence; deplores that six member states - Bulgaria, Czech Republic, Hungary, Lithuania, Latvia and Slovakia - still have not ratified the Istanbul Convention; finds that the failure of the EU to accede to the Istanbul Convention impacts its credibility and ability to be a normative power in the world; urges the EU to accede to and all member states to ratify the Istanbul Convention without delay; commends the Commission on its commitment to propose measures to achieve the same objectives if accession to the Convention remains blocked;
2020/05/27
Committee: LIBE
Amendment 51 #

2019/2169(INI)

Motion for a resolution
Recital C
C. whereas the EU has adopted important legislation and provided key impulsecrucial progress to achieving gender equality; whereas, however, these efforts have slowed down in recent years, while movements opposing gender equality policies and women’s rights have flourished; whereas these movements are attempting to influence national and European policies in order to block continued progress towards gender equality and worryingly to roll back already established fundamental rights;
2020/06/08
Committee: FEMM
Amendment 56 #

2019/2169(INI)

Draft opinion
Paragraph 1
1. Calls on the Commission to amend Directive 2006/54/EC by including a binding definition of ‘work of equal value’ across all occupational sectors which, on the basis of its recent evaluation of the functioning and implementation of the EU’s equal pay laws, to present a timely revision of Directive 2006/54/EC inc orporates the gender perspectiveder to update and improve existing legislation and improve enforcement in line with ECJ case law;
2020/05/26
Committee: EMPL
Amendment 56 #

2019/2169(INI)

Draft opinion
Paragraph 4 a (new)
4a. Expresses its concerns seeing the backlash in terms of gender equality in a number of Member States, fuelled by political discourses often emanating from the highest levels of the state, certain church representatives and a plethora of ultra-conservative organisations promoting a patriarchal vision of society undermining women’s emancipation, autonomy and dignity;
2020/05/27
Committee: LIBE
Amendment 57 #

2019/2169(INI)

Draft opinion
Paragraph 4 b (new)
4b. Condemns the spread of political narratives deliberately misinterpreting the contents of the Istanbul Convention and the rise of homophobic and transphobic hate speech as well as measures such as the promotion of LGBTI-free zones in Poland or the abolition of the legal recognition of trans people in Hungary.
2020/05/27
Committee: LIBE
Amendment 59 #

2019/2169(INI)

Draft opinion
Paragraph 5
5. Calls for an EU-wide action plan to prevent and combat all forms of GBV; to this end calls for the appointment of a coordinator to implement this action plan;deleted
2020/05/27
Committee: LIBE
Amendment 62 #

2019/2169(INI)

Motion for a resolution
Recital D
D. whereas violence against women in all its forms is a violation of human rights and one of the biggest obstacles to achieving gender equality; whereas a life free from violence is a prerequisite for equality; whereas disinformation campaigns onto undermine the gender equality also focumovement also block progress on the issue of eliminating violence against women, as has been seen in relation to the Istanbul Convention;
2020/06/08
Committee: FEMM
Amendment 64 #

2019/2169(INI)

Motion for a resolution
Recital D a (new)
Da. whereas trafficking in human beings represents one of the most flagrant violations of fundamental rights and human dignity, since women and girls are 80 % of the registered victims of trafficking and 95% of the registered victims of trafficking for purpose of sexual exploitation, which is directly connected to the demand of women and girls in the prostitutions industry;
2020/06/08
Committee: FEMM
Amendment 74 #

2019/2169(INI)

Draft opinion
Paragraph 2
2. Reiterates its cCalls on the Commission to present a legalevidence-based monitoring instrument on gender pay transparency as soon as possible;
2020/05/26
Committee: EMPL
Amendment 76 #

2019/2169(INI)

Motion for a resolution
Recital E
E. whereas traditional gender roles and stereotypes still influence the division of labour at home, in education, at the workplace and in society; whereas unpaid care and domestic work, is mostly carried out by women, contributes to the gender pay and pension gap; whereas work-life balance measures, such as the Work-life Balance Directive, are important first steps, but need to be complemented by further measures in order to involve morresulting in gaps in employment and career progression and contributing to the mgen in unpaid work and to foster the equal earner – equal carer modelder pay and pension gap;
2020/06/08
Committee: FEMM
Amendment 77 #

2019/2169(INI)

Draft opinion
Paragraph 8
8. Calls on Member States to ensure and improve access to justice, inter alia by training law enforcement and judicial staff on GBV and hate crimes, including those committed online; calls on Member States to ensure safe conditions for reporting, combat under-reporting, and provide legal aid as well as integrated support services and shelters; urges the Member States to tackle the impunity for sexual and gender-based violence;
2020/05/27
Committee: LIBE
Amendment 85 #

2019/2169(INI)

Draft opinion
Paragraph 9
9. Notes with concern the issue of shrinking civic space in relation tofor civil society organisations and human rights defenders working on gender equality, minority and women’s rights and SRHR. and calls for intensified measures to address the shrinking space for civil society;
2020/05/27
Committee: LIBE
Amendment 86 #

2019/2169(INI)

Draft opinion
Paragraph 2 a (new)
2a. Takes note of the Commission consultation on a European framework for minimum wages; calls on the Commission to respect the principle of subsidiarity as enshrined in the treaties when proposing labour market and social policies;
2020/05/26
Committee: EMPL
Amendment 87 #

2019/2169(INI)

Draft opinion
Paragraph 9 a (new)
9a. Is concerned that women are disproportionally affected by the COVID- 19 crisis; is alarmed by the substantial increase in violence against women and girls and particularly domestic violence since the outbreak of COVID-19; calls on the EU and Member States to target specific actions and support for women and girls, including by setting up adequate services to address violence against women and girls and specialist support services for victims such as shelters, helplines, chat services and other creative support solutions;
2020/05/27
Committee: LIBE
Amendment 88 #

2019/2169(INI)

Draft opinion
Paragraph 9 a (new)
9a. Calls on the EU and Member States to advance gender equality through an ambitious education agenda, emphasizing that the EU needs to be a global leader in this area and set an example to the world, especially in Africa and Asia, whereby education and empowerment for girls and women is the most forceful driver for emancipation, societal development and economic growth.
2020/05/27
Committee: LIBE
Amendment 90 #

2019/2169(INI)

Draft opinion
Paragraph 3
3. Calls on the Commission and the Member States to address the feminisation of poverty in all its forms, particularly by factoring gender into pension entitlements in order to eliminate the gender pension gap, and by improving working conditions in feminised sectors; points out the importance of addressing the cultural undervaluation of jobs dominated by women and the overrepresentation of women in atypical forms of work; emphasises the need to strengthen collective bargaining in order to foster stable and quality employment;
2020/05/26
Committee: EMPL
Amendment 91 #

2019/2169(INI)

Draft opinion
Paragraph 9 b (new)
9b. Underlines that gender stereotypes are a root cause of gender inequality and that traditional gender roles and stereotypes are formed in early childhood; believes therefore that preventive measures are key to realising gender equality and women and girls empowerment and that schools are a good environment to challenge gender roles and stereotypes; welcomes that the Commission will launch an EU-wide communication campaign combatting gender stereotypes, focussing on youth engagement; finds however that the EU and Member States should make better use of education systems to prevent the development of gender stereotypes in early childhood;
2020/05/27
Committee: LIBE
Amendment 109 #

2019/2169(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on the Commission and the Member States to implement policies that promote the employment of women and their financial independence, including policies that promote the integration of women from marginalised groups into the labour market; calls on the Member States to combat gendered labour market segmentation by investing in education and training to ensure women's access to high-quality employment in future oriented sectors, in particular in the areas of entrepreneurship, STEM and digital education;
2020/05/26
Committee: EMPL
Amendment 114 #

2019/2169(INI)

Draft opinion
Paragraph 3 a (new)
3a. Calls on Members States to reduce regulatory burden for companies and high levels of labour taxes in order to stimulate job creation and participation of women in the labour market;
2020/05/26
Committee: EMPL
Amendment 119 #

2019/2169(INI)

Draft opinion
Paragraph 4
4. Calls on the Commission to put forward a Care Deal for Europe to cover all care needs throughout the lifecycle; calls on the Member States to ratify ILO Convention No 189 on domestic workers and to fully implement and go beyond the Barcelona care targets, ensuring the coverage of those needs through quality universal public care services; urges Member States to fully implement the Work-Life Balance Directive1 and invites them to go beyond the Directive’s minimum standards; __________________ 1 OJ L 188, 12.7.2019, p. 79.
2020/05/26
Committee: EMPL
Amendment 122 #

2019/2169(INI)

Motion for a resolution
Recital I
I. whereas access to comprehensive and age-appropriate information, and to sexuality and relationship education, as well as access to sexual and reproductive healthcare, are essential to achieving gender equality and rights, including contraception and abortion care, are essential to achieving gender equality and prevent gender-based and intimate partner violence; whereas violations of women’s sexual and reproductive health and rights, including denial of safe and legal abortion care, are a form of violence against women;
2020/06/08
Committee: FEMM
Amendment 132 #

2019/2169(INI)

Motion for a resolution
Recital J
J. whereas the Gender Equality Index for 2019 reveals persistent inequalities between men and women in the digital sector and highlights the need for a gender perspective in and gender impact assessment of all policies addressing the digital transformation; whereas closing the digital gender gap and guaranteeing women’s digital rights is of paramount importance, given the occurrence ofpotential for discrimination resulting from biased data sets, models and algorithms in artificial intelligence (AI); whereas programmers in AI need to be aware oftrained to recognise unconscious biases and stereotypes in order to avoid reproducing and reinforcing them; whereas the transformation and digitalisation of the labour market and the economy can deepen existing economic gaps and labour market segregation; investing in capacity building and skills in gathering adequate gender data is of paramount importance in achieving this objective; whereas the transformation and digitalisation of the labour market and the economy has the potential to create new opportunities for employment, including for groups normally excluded from the labour market but may also exacerbate existing economic gaps and labour market segregation if not harnessed correctly; whereas in this regard it is essential that women’s participation in digital entrepreneurship, STEM and ICT education and employment is encouraged;
2020/06/08
Committee: FEMM
Amendment 136 #

2019/2169(INI)

Motion for a resolution
Recital J a (new)
Ja. whereas women are disproportionately under-represented in the news and information media; whereas the unequal portrayal of women and men in the media perpetuate stereotypes affecting the image of women and men;
2020/06/08
Committee: FEMM
Amendment 143 #

2019/2169(INI)

Motion for a resolution
Recital K
K. whereas gender mainstreaming, gender budgeting and gender impact assessments are essential tools for achieving gender equality in all EU policy areas, including within the EU Recovery Plan to respond to the COVID-19 health crisis;
2020/06/08
Committee: FEMM
Amendment 146 #

2019/2169(INI)

Draft opinion
Paragraph 5
5. Is deeply worried about violence and harassment in the world of work; calls on the Commission to propose a directive on a holistic approach to combatting violence against women; calls on the Council to urgently conclude the EU ratification of the Istanbul Convention and to advocate its ratification and implementation by all Member States; calls on Member States to ratify and implement the Istanbul Convention and ILO Convention No 190 on combating violence and harassment in the world of work without delay;
2020/05/26
Committee: EMPL
Amendment 146 #

2019/2169(INI)

Motion for a resolution
Recital K a (new)
Ka. whereas the COVID-19 crisis has had a disproportionate impact on women and girls, as evidenced by increasing cases of domestic violence against women and children, growing risks of loss of income and poverty, rising unpaid and unequal care and domestic responsibilities and restricted, timely access to essential healthcare services including those related to sexual reproductive health and rights;
2020/06/08
Committee: FEMM
Amendment 153 #

2019/2169(INI)

Motion for a resolution
Recital K b (new)
Kb. whereas united action is essential to upwardly converge and harmonise women’s rights in Europe through a strong pact between Member States by sharing and committing to the most ambitious legislation and best practices currently in force in the EU;
2020/06/08
Committee: FEMM
Amendment 155 #

2019/2169(INI)

Motion for a resolution
Recital K c (new)
Kc. whereas there is a Commissioner exclusively responsible for Equality and the European Parliament has a committee dedicated to Women’s Rights and Gender Equality, there is no specific Council configuration on Gender Equality and Ministers and Secretaries of State in charge of Gender Equality have no dedicated forum for discussion;
2020/06/08
Committee: FEMM
Amendment 158 #

2019/2169(INI)

Draft opinion
Paragraph 5 a (new)
5a. Stresses the need for Member States to present evidence-based, well- designed labour market policies and reforms that de-facto improves women’s’ working conditions and increases quality employment;
2020/05/26
Committee: EMPL
Amendment 173 #

2019/2169(INI)

Draft opinion
Paragraph 6
6. Welcomes the Commission’s commitment to adopting an action plan to implement the European Pillar of Social Rights; underlines the need to emainsutream the gender sensitive rightsperspective using an intersectional approach in line with Principles 2 and 3 of the Pillar; calls on the Commission, to that end, to develop and include ainclude the EIGE's Gender Equality Index in the Social Scoreboard and CSRs in order to feed into the European Semester toprocess and monitor the gender effects of macroeconomic policies as well as of the green and digital transitions.;
2020/05/26
Committee: EMPL
Amendment 174 #

2019/2169(INI)

Draft opinion
Paragraph 6
6. WelcomesTakes note of the Commission’s commitment to adopting an action plan to implement the European Pillar of Social Rights; underlines the need to ensure gender sensitive rights using an intersectional approach in line with Principles 2 and 3 of the Pillar; calls on the Commission, to that end, to develop and include a Gender Equality Index in the European Semester to monitor gender effects of macroeconomic policies as well as of the green and digital transitions.respect the principle of subsidiarity as enshrined in the treaties when proposing labour market and social policies;
2020/05/26
Committee: EMPL
Amendment 176 #

2019/2169(INI)

Motion for a resolution
Paragraph 3
3. Regrets that the strategy remains vague on the issue of timelines for several, highly welcomed, measures; calls, therefore, on the Commission to establish concrete timeframes and additional targeted actions, as well as guidelines on how to implement the intersectional and gender mainstreaming approaches effectively as well as adequate resources to do so; calls on the Commission to establish monitoring mechanisms to track the Strategy’s progress so as to ensure the full realisation of its commitments;
2020/06/08
Committee: FEMM
Amendment 186 #

2019/2169(INI)

Draft opinion
Paragraph 6 a (new)
6a. Calls on the Commission and the Member States to strengthen collective bargaining coverage at sectorial level and the involvement of social partners in policy-making, including for the European Semester;
2020/05/26
Committee: EMPL
Amendment 187 #

2019/2169(INI)

Motion for a resolution
Paragraph 3 b (new)
3b. Calls on the Commission and the Member States, in line with the aims of the Strategy to systematically incorporate a gender perspective in all stages of the response to the Covid-19 crisis and promote women’s involvement at all levels of the decision-making process;
2020/06/08
Committee: FEMM
Amendment 190 #

2019/2169(INI)

Motion for a resolution
Paragraph 3 c (new)
3c. Calls on the Member States to regularly exchange best practices and commit to an upward convergence and harmonisation of women’s rights in Europe by introducing in their respective legislation the most ambitious national measures and practices currently into force in the EU Member States;
2020/06/08
Committee: FEMM
Amendment 192 #

2019/2169(INI)

Motion for a resolution
Paragraph 3 d (new)
3d. Calls on the Council to establish a configuration on Gender Equality gathering Ministers and Secretaries of State in charge of Gender Equality in one dedicated forum in order to deliver common and concrete measures to address the challenges in the field of women’s rights and gender equality and ensure that gender equality issues are discussed at the highest political level;
2020/06/08
Committee: FEMM
Amendment 193 #

2019/2169(INI)

Motion for a resolution
Paragraph 3 e (new)
3e. Calls on the Council to adopt Council Conclusions to approve the Gender Equality Strategy and identify concrete actions to implement it;
2020/06/08
Committee: FEMM
Amendment 195 #

2019/2169(INI)

Draft opinion
Paragraph 6 b (new)
6b. Calls on the European Commission and Member States to implement the social aspects of the Country Specific Recommendations, having in mind both the respect for subsidiarity and national competences;
2020/05/26
Committee: EMPL
Amendment 196 #

2019/2169(INI)

Draft opinion
Paragraph 6 b (new)
6b. Recalls the importance of improving the collection of gender- disaggregated data, in particular on the participation of women in the labour market and the underlying causes of gender inequality;
2020/05/26
Committee: EMPL
Amendment 197 #

2019/2169(INI)

Draft opinion
Paragraph 6 c (new)
6c. Welcomes the Commission’s commitment to promote the participation of women as voters and candidates in the 2024 European Parliament elections; in this regard, stresses the need for a revision of the European Electoral Act in order to provide for the possibility of temporary replacement of a Member of the European Parliament that is availing of their right to maternity, paternity or parental leave; calls upon the European Commission to revise the Electoral Act accordingly and on the Council to endorse this revision;
2020/05/26
Committee: EMPL
Amendment 199 #

2019/2169(INI)

Motion for a resolution
Paragraph 4
4. Supports the Commission’s plan to continue pushing for the EU-wide ratification of the Istanbul Convention; underlines, in this context, the need for specific measures to address the existing disparities between Member States particularly during the current COVID-19 public health crisis to address the increased cases of male violence against women and girls; draws attention, however, to the fact that several attempts to convince reluctant Member States have already failed; warmly welcomes, therefore, the Commission’s intention to propose measures in 2021 to achieve the objectives of the Istanbul Convention if the EU’s accession remains blocked; calls for preparatory actions for the launch of additional legally binding measures to eliminate violence against women framework Directive on preventing and combatting violence against women based on Article 84 TFEU to fight against all forms of violence through a strong intersectional approach; very much welcomes the planned extension of definitions of areas of particularly serious crime under Article 83(1) of the TFEU, but calls for the inclusion of all forms of gender-based violence, in order to take a proactive approach and lay the groundwork for an EU directive on this issue, to build on provisions as set out in the Istanbul Convention and also meeting needs to combat sexual exploitation, trafficking and cyber violence;
2020/06/08
Committee: FEMM
Amendment 207 #

2019/2169(INI)

Draft opinion
Paragraph 6 j (new)
6j. Calls on the European Commission to further strengthen the role of the EU as a catalyst for gender equality worldwide;
2020/05/26
Committee: EMPL
Amendment 207 #

2019/2169(INI)

Motion for a resolution
Paragraph 4 a (new)
4a. Welcomes the commitment to ensure that the new Victims’ Rights Strategy will address the specific needs of victims of violence against women and girls; stresses the need to address current gaps in EU legislation with regards to international standards on violence against women, specially the Istanbul Convention, with a view of enhancing the legislation on victims’ rights, protection and compensation of victims;
2020/06/08
Committee: FEMM
Amendment 213 #

2019/2169(INI)

Motion for a resolution
Paragraph 5
5. Welcomes the plan to table an additional recommendation, as well as possible legislation, on the prevention of harmful practices, and to launch an EU network on the prevention of both gender- based and domestic violence; requests that the definitions and goals of the Istanbul Convention be applied and that women’s rights and civil society organisations be involved on a continuous basis; urges that appropriate follow-up measures are put forward, all respecting the principle of non-discrimination;
2020/06/08
Committee: FEMM
Amendment 223 #

2019/2169(INI)

Motion for a resolution
Paragraph 6
6. Stresses the scope and impact of violence and harassment in the workplace and the need for concrete measures at the EU level to fight against psychological and sexual harassment to address these issues; points out that informal carers, domestic workers and farm workers in particular lack protection and therefore calls on the Member States to adopt International Labour Organisation (ILO) Conventions 190 and 189, in order to strengthen the rights of workers, especially women, in the informal economy;
2020/06/08
Committee: FEMM
Amendment 230 #

2019/2169(INI)

Motion for a resolution
Paragraph 7
7. Welcomes the proposed specific measures to tackle cyber violence; calls for binding legislative measures to combat these forms of violence in the framework of a Directive on preventing and combatting all forms of violence against women and to support Member States in the development of training tools for the police force, the justice system and the information and communication technology sector, while also safeguarding fundamental rights online;
2020/06/08
Committee: FEMM
Amendment 238 #

2019/2169(INI)

Motion for a resolution
Paragraph 8
8. Urges the Commission to present the long-awaited EU strategy on the eradication of trafficking in human beings and underlines the need for a clear gender focusrecognition of the gendered nature of human trafficking and sexual exploitation, as women and girls are the most affected and are trafficked for purposes of sexual exploitation; insists on the importance of including measures and strategies to reduce demand, tackle the rise of sexual trafficking both within and between Member States as well as third countries and emerging uses of the internet for the purposes of exploitation and to combat all types of gender-based violence, including FGM and early/forced marriage;
2020/06/08
Committee: FEMM
Amendment 251 #

2019/2169(INI)

Motion for a resolution
Paragraph 9
9. Welcomes the announcement of a new EU-wide survey on the prevalence and dynamics of all forms of violence against women; stresses the need for comprehensive and comparable gender- disaggregated data at EU level and for harmonisation of data collection systems among Member States;
2020/06/08
Committee: FEMM
Amendment 266 #

2019/2169(INI)

Motion for a resolution
Paragraph 10
10. Supports the revision of the Barcelona targets and the call on Member States to ensure adequate investments in early childhood education, care services and long-term care services including from available EU funding; calls for financial support for and the sharing of best practices among Member States which have not yet achieved the targets; welcomes, furthermore, the development of guidance for Member States on tackling financial disincentives in relation to social, economic and taxation policies;
2020/06/08
Committee: FEMM
Amendment 268 #

2019/2169(INI)

Motion for a resolution
Paragraph 10
10. Supports the revision of the Barcelona targets; calls for financial support for and the sharing of best practices among Member States which have not yet achieved the targets; welcomes, furthermore, the development of guidance for Member States on tackling financial disincentives in relation to social, economic and taxation policies;
2020/06/08
Committee: FEMM
Amendment 282 #

2019/2169(INI)

Motion for a resolution
Paragraph 11
11. WelcomNotes the Commission’s 11. commitment to table binding measures on pay transparency by the end of 2020; points out, however, that the issue of equal pay for equal work or work of equal value across different occupational sectors still needs to be addressed; strongly recommends the inclusion of the principle of equal pay for work of equal value between women and men, which could be defined as follows: ‘Work shall be deemed of equal value if, based on a comparison of two groups of workers which have not been formed in an arbitrary manner, the work performed is comparable, taking into account factors such as the working conditions, the degree of responsibility conferred on the workers, and the physical or mental requirements of the work’; points out that gender-neutral job evaluation tools and classification criteriacalls on the Commission to respect the principle of subsidiarity as enshrined in the treaties when proposing labour market and social policies; points out, however, that the issue of equal pay for equal work or work of equal value across different occupational sectors still needs to be developed for this purpoaddressed;
2020/06/08
Committee: FEMM
Amendment 311 #

2019/2169(INI)

12. Urges the Commission to campaign for more women in economic decision- making positions by highlighting the economic and societal advantages thereof, and sharing best practices such as public indexes on companies’ equality performance, in order to break the deadlock on the Women on Boards directive;
2020/06/08
Committee: FEMM
Amendment 314 #

2019/2169(INI)

Motion for a resolution
Paragraph 12
12. Urges the Commission to campaign for more women in economic decision- making positions by highlighting the economic and societal advantages thereof, and sharing best practices, in order to break the deadlock on the Women on Boards directive;
2020/06/08
Committee: FEMM
Amendment 332 #

2019/2169(INI)

Motion for a resolution
Paragraph 14
14. Regrets the underrepresentation of women in the ICT sectordigital economy, AI, ICT and STEM sectors in terms of education, training and employment, and points out the risk of this reinforcing and reproducing stereotypes and gender bias through the programming of AI and other programs; calls on the Commission to propose concrete measures for technologies and AI to be transformed into tools in the fight to eradicate gender stereotypes and to empower girls and women to enter science, technology, engineering and mathematics (STEM) and ICT fields of study and to stay on these career paths;
2020/06/08
Committee: FEMM
Amendment 335 #

2019/2169(INI)

Motion for a resolution
Paragraph 14 a (new)
14a. Welcomes the recognition of the impact of the digital transition on women and girls and urges the Commission to ensure the adoption of concrete gender mainstreaming measures in the implementation of the Single Market Strategy and Digital Agenda, ensuring a clear link between commitments on ending stereotypes with comprehensive actions to ensure women’s economic independence in the formation of the digital labour market;
2020/06/08
Committee: FEMM
Amendment 351 #

2019/2169(INI)

Motion for a resolution
Paragraph 15 a (new)
15a. Welcomes the Commission’s intent to introduce new measures to promote women-led start-ups and innovative small and medium-sized enterprises in 2020 and to strengthen gender equality under the Horizon Europe; stresses that the requirement of a gender equality plans from applicants is a crucial tool for advancement in this area;
2020/06/08
Committee: FEMM
Amendment 354 #

2019/2169(INI)

Motion for a resolution
Paragraph 15 b (new)
15b. Recalls that sex and gender have important implications for public health, prevention, diagnosis and treatment of disease, because both biological and social influences are critical to health, and stresses that investment in research of the differences between women and men in relation to their health should be supported through Horizon Europe in order to encourage healthcare systems that are responsive to the needs of both women and men;
2020/06/08
Committee: FEMM
Amendment 370 #

2019/2169(INI)

Motion for a resolution
Paragraph 16 b (new)
16b. Stresses the importance of gender budgeting at all stages of the budgetary procedure and in all budget lines as an effective tool for promoting gender equality and the need for spending on gender equality to be promoted with independent budget lines for targeted actions;
2020/06/08
Committee: FEMM
Amendment 377 #

2019/2169(INI)

Motion for a resolution
Paragraph 17
17. Notes that tax policies have varying impacts on different types of householdsshould be optimised to strengthen incentives for labour market participation amongst women; stresses that individual taxation is instrumental in terms of achieving tax fairness for women;
2020/06/08
Committee: FEMM
Amendment 393 #

2019/2169(INI)

Motion for a resolution
Paragraph 18
18. Reiterates the need for a regular exchange of best practices between Member States and, the Commission and civil society organisations on gender aspects in health, including guidelines for comprehensive sexuality and relationship education, gender- sensitive responses to epidemics and sexual and reproductive health and rights (SRHR); calls on the Commission to include SRHR in its next EU Health Strategy, and to support Member States in providing barrier-free access to high- quality and low-threshold access toaffordable healthcare services;
2020/06/08
Committee: FEMM
Amendment 407 #

2019/2169(INI)

Motion for a resolution
Paragraph 19
19. Demands support for women’s rights defenders and women’s rights organisations in the EU and worldwide; calls for continuous monitoring of the state of play in relation to women’s rights and disinformation on gender equality policies in all Member States and for an alarm system to highlight regression; calls on the Commission to support studies analysing the impact of attacks and disinformation campaigns on women’s rights and gender equality, and calls on the Commission to analyse their root causes, developing fact checks and, counter-narratives and awareness- raising campaigns;
2020/06/08
Committee: FEMM
Amendment 410 #

2019/2169(INI)

Motion for a resolution
Paragraph 19 a (new)
19a. Urges the Commission and Member States to protect women who are particularly vulnerable to multiple discriminations recognising the intersectional forms of discrimination that women experience based on gender, ethnicity, nationality, age, disability, social status, sexual orientation and gender identity, migration status and ensure that actions implemented take account of and respond to the specific needs of these groups;
2020/06/08
Committee: FEMM
Amendment 430 #

2019/2169(INI)

Motion for a resolution
Paragraph 21 a (new)
21a. Recalls the importance of education for women and girls' empowerment in both the EU and partner countries; underlines that education is not only a right but a crucial tool to fight against early and forced marriages and pregnancies of adolescents and girls; further stresses that lockdown measures and the resulting interruption in the provision of education particularly affects girls as they are more at risk of not being sent back to schools; insists on the need for EU external policy to help keep girls in schools and continue their education in partner countries as a matter of priority;
2020/06/08
Committee: FEMM
Amendment 4 #

2019/2167(INI)

Motion for a resolution
Citation 9 a (new)
- having regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons adopted by the Council of the European Union at its meeting of 24 June 2013,regard to the guidelines to promote and protect the enjoyment of all human rights by lesbian, gay, bisexual, transgender and intersex (LGBTI) persons adopted by the Council of the European Union at its meeting of 24 June 2013,
2020/04/29
Committee: FEMM
Amendment 5 #

2019/2167(INI)

Motion for a resolution
Citation 9 b (new)
- having regard to the European Commission’s List of Actions to Advance LGBTI Equality published in December 2015,
2020/04/29
Committee: FEMM
Amendment 15 #

2019/2167(INI)

Motion for a resolution
Recital A
A. whereas the principle of equality between women and men is a core value of the EU, and gender mainstreaming should therefore be implemented and integrated into all EU activities and policies; whereas the EU should contribute to creating a world in which all people, regardless of gender, sexual orientation, gender identity, race and ability can live peacefully, enjoying equal rights and the same opportunity to realise their potential;
2020/04/29
Committee: FEMM
Amendment 23 #

2019/2167(INI)

Motion for a resolution
Recital B
B. whereas women and girls are particularly affected by violence, poverty, armed conflicts and the impact of the climate emergency and their empowerment is essential to tackle these issues; whereas there is a growing global trend towards authoritarianism and an increasing number of fundamentalist groups, both of which are clearly linked to a backlash against women’s and LGBTIQ+ rights; whereas any understanding of security that focuses on States rather than human beings is defective and will not lead to peace;
2020/04/29
Committee: FEMM
Amendment 33 #

2019/2167(INI)

Motion for a resolution
Recital B a (new)
Ba. whereas women’s direct participation in peace negotiations increases the sustainability and the quality of peace;
2020/04/29
Committee: FEMM
Amendment 36 #

2019/2167(INI)

Motion for a resolution
Recital B b (new)
Bb. Whereas women civil society groups and activists play critical roles in advancing the peace and security agenda and their participation is essential to mainstreaming gender equality concerns;
2020/04/29
Committee: FEMM
Amendment 89 #

2019/2167(INI)

Motion for a resolution
Recital J
J. whereas progress has been made in the realisation of sexual and reproductive health and rights (SRHR) across the world, but imporsubstantial shortcomings in the provision of and access to SRHR continue to exist and threats of regression persist; whereas in 2018 the number of EU actions on SRHR decreased and the lowest number of global actions by Commission services on gender equality pertained to SRHR;
2020/04/29
Committee: FEMM
Amendment 95 #

2019/2167(INI)

Motion for a resolution
Recital K
K. whereas the work of gender advisers and focal points is central to translating EU policies on gender equality and WPS into analysis, planning, conductimplementation and evaluation, as well as to facilitating the integration of a gender perspective into daily tasks and operations; whereas gender advisers and focal points face numerous challenges in the performance of their duties;
2020/04/29
Committee: FEMM
Amendment 110 #

2019/2167(INI)

Motion for a resolution
Paragraph -1 (new)
-1. Recalls the pivotal role of women as peacebuilders and stresses the need to ensure the equal participation of women in the maintenance of international peace and security, the expansion of women’s roles in preventing and resolving conflict, and women’s protection in order to advance the international peace and security agenda;
2020/04/29
Committee: FEMM
Amendment 117 #

2019/2167(INI)

Motion for a resolution
Paragraph 1
1. Calls on the EU and its Member States to commit to advancing towards a foreign and security policy that incorporatemainstreams a gender-transformative vision, putting the need to address unequal structures and power relations at its centre; stresses the need for such policy to be grounded in rigorous gender analysis and systematic gender impact assessments, and for a meaningful and equitable role at all levels and stages of decision-making to be secured for women and for people from diverse backgrounds;
2020/04/29
Committee: FEMM
Amendment 126 #

2019/2167(INI)

Motion for a resolution
Paragraph 2
2. Welcomes the Commission’s proposal to carry out a review and present a new EU Gender Action Plan III in 2020; stresses that this document needs to take the form of a communication in order to ensure its effective implementation; welcomes the EU Action Plan on Women, Peace and Security, and calls for its robust implementation; welcomes the decision to renew the EU Action Plan on Human Rights and Democracy, and calls for gender mainstreaming and targeted actions for gender equality and women’s rights, including on SRHR, to be included in the Action Plan; further welcomes the EU Action Plan on Gender Equality and Women Empowerment in External Relations for 2021-2025 and A New EU Strategy towards the Eradication of Trafficking in Human Beings foreseen this year;
2020/04/29
Committee: FEMM
Amendment 130 #

2019/2167(INI)

Motion for a resolution
Paragraph 2 a (new)
2a. Welcomes the Commission’s commitment to deliver the first LGBTI Equality Strategy by the end of this year; stresses that this Strategy must be ambitious, build upon the existing guidelines and list of actions and include a strong external action component;
2020/04/29
Committee: FEMM
Amendment 135 #

2019/2167(INI)

Motion for a resolution
Paragraph 3
3. Calls for further policy coherence and coordination in the implementation of the range of commitments on gender equality included in the EU’s external action; stresses that the EU Strategic Approach should be linked to and synchronised with the new GAP III, and calls for the 2019 EU Action Plan on WPS to be included in GAP III as a separate chapter; stresses the importance of the existing normative framework pertaining to the women, peace and security agenda, insists that this framework should be the baseline for all actions at EU and international level and that any attempts to resile from or roll back established commitments in this field must be firmly rejected;
2020/04/29
Committee: FEMM
Amendment 136 #

2019/2167(INI)

Motion for a resolution
Paragraph 3 a (new)
3a. Calls on all Members States to adopt a feminist foreign and security policy that addresses the barriers for women to enter and maintain not only high-level leadership roles, and key positions such as ambassadorships and mediator positions in international peace talks and negotiations, but also entry-level positions. Recalls that factors that might deter women’s participation such as a lack of conducive work-life balance policies, equal sharing of family responsibilities and expectations that women will be primary caregivers leading women to often take career breaks or move to part-time work, and the public perception globally of women’s leadership should be taken into account; Further stresses that in advancing the targets of women’s leadership in the WPS, equal pay for equal work is one of the EU’s founding principles and should be mainstreamed through the advancement of women’s economic and social rights, both outside and within the EU; that Member States have an obligation to eliminate discrimination on grounds of sex with regard to all aspects and conditions of remuneration for the same work or for work of equal value;
2020/04/29
Committee: FEMM
Amendment 168 #

2019/2167(INI)

Motion for a resolution
Paragraph 7
7. Recalls the essential work done by CSOs on the ground to sustain peace and promote women’s engagement in peace processes, politics, governance, institution-building, the rule of law and the security sector and stresses the need to ensure significant funding and capacity building to maintain and support these efforts; Calls for specific earmarked funding on gender equality in the framework of the proposed Neighbourhood, Development and International Cooperation Instrument (NDICI) regulation, and for reduced administrative constraints to allow access to funding for local and small CSOs; stresses the importance of ensuring that partners can count on receiving sufficient financial resources for gender mainstreaming;
2020/04/29
Committee: FEMM
Amendment 201 #

2019/2167(INI)

Motion for a resolution
Paragraph 10 a (new)
10a. Highlights that women’s participation in CSDP-missions contributes to the effectiveness of the mission and drives the EU’s credibility as a proponent of equal rights for men and women worldwide.1a Calls in this regard on the Member States and the EU institutions to advance women’s participation in CSDP-missions. _________________ 1a https://www.europarl.europa.eu/RegData/ etudes/STUD/2017/603855/EXPO_STU(2 017)603855_EN.pdf
2020/04/29
Committee: FEMM
Amendment 18 #

2019/2164(INI)

Motion for a resolution
Recital A
A. whereas gender equality is a basic precondition for the full enjoyment of human rights by women and girls, and is essential for their empowerment and the achievement of a sustainable and inclusive society; whereas the insufficient use of human capital associated with gender inequalities, in combination with intersectional discrimination, reduces the potential advantages for businesses in the fields of research and innovation, and for overall economic development, as well as having harmful social consequences; whereas women could play a vital role in filling shortages on the EU-labour market, specifically in the fields of engineering and ICT.
2021/02/02
Committee: FEMM
Amendment 199 #

2019/2164(INI)

Motion for a resolution
Paragraph 15
15. Highlights that one of AI’s most critical weaknesses relates to certain types of biases such as gender, race or sexual orientation as a result of humans’ inherent biases; notes that the intersection of various types of discrimination marginalises women from emerging technologies, such as the errors seen for women of colour in facial recognition technology; encourages the relevant actors to take action and promote a greater role for women in the design, development and implementation of machine learning, natural language processing and AI;
2021/02/02
Committee: FEMM
Amendment 215 #

2019/2164(INI)

Motion for a resolution
Paragraph 18
18. Regrets the fact that women are under-represented in innovation-driven business start-ups and highlights the gender biases and systemic disadvantages that exist in social structures, in particular in those at the intersection of STEM and entrepreneurship; calls on the Commission and the Member States to provide more and better information about entrepreneurship as an attractive career option, especially for young women in school, and implement public policies that promote female entrepreneurship.
2021/02/02
Committee: FEMM
Amendment 45 #

2019/2028(BUD)

Draft opinion
Paragraph 5 a (new)
5a. Deplores that more than a quarter of all children in the EU are at risk of poverty or social exclusion; stresses the importance of Child Guarantee to ensure that living conditions and opportunities of millions of children in Europe would improve considerably; calls for a pilot project to remedy the situation of Roma children by helping schools to become engines of their social inclusion;
2019/09/06
Committee: EMPL
Amendment 52 #

2019/2028(BUD)

Draft opinion
Paragraph 7
7. Welcomes the policy developments in the area of employment and social affairs during the 8th legislature, but emphasises that the policy initiatives need proper, adequate and timely funding to become operational;
2019/09/06
Committee: EMPL
Amendment 57 #

2019/2028(BUD)

Draft opinion
Paragraph 9
9. Reiterates that pilot projects (PPs) and preparatory actions (PAs) are very valuable tools to initiate new activities and policies in the fields of employment, in particular enhancing youth employment, and social inclusion and could be used for data and evidence collection in order to improve future Union employment policies;
2019/09/06
Committee: EMPL
Amendment 23 #

2019/0188(COD)

Proposal for a decision
Recital 2
(2) The Network aims at reinforcmodernising Public Employment Services (PES) and reinforcing their capacity, effectiveness and efficiency through providing a platform for comparing their performance at European level, identifying good practices and establishing a mutual learning system. It also aims at giving the PES more opportunities to help develop innovative, future-oriented evidence-based policies in line with relevant Union policy initiatives.
2020/02/04
Committee: EMPL
Amendment 34 #

2019/0188(COD)

Proposal for a decision
Recital 6
(6) The Network should continue to organise cooperation and contacts with other labour market stakeholders to promote synergies between them, including in particular cooperation with Union Agencies in the area of employment, social policy, education and training, to ensure a consistent policy framework. More systematic and structural cooperation between PES and other service providers in social and employment fields should be enhanced in order to better respond to the needs of the jobseekers.
2020/02/04
Committee: EMPL
Amendment 45 #

2019/0188(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 2
Decision No 573/2014/EU
Article 3 – introductory part
The aim of this Decision is to encourage cooperation between Member States through the Network in the field of employment, within the areas of PES responsibility, in order to contribute to the implementation of the Union’s employment policies. This will also help implementing the principles of the European Pillar of Social Rights and, pursue the achievement of the United Nations Sustainable Development Goals, particularly Sustainable Development Goals 1, 4, 5, 8, 10, 13, and the European Green Deal, thereby supporting:
2020/02/04
Committee: EMPL
Amendment 48 #

2019/0188(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 2 a (new)
Decision No 573/2014/EU
Article 3 – paragraph 1 – point a
(2a) the mostIn Article 3(1), point (a) is replaced by the following: “(a) all vulnerable social groups with high unemployment rates, especially older workers and young persons not in employment, education or training (‘NEETs’); and people with disabilities;”
2020/02/04
Committee: EMPL
Amendment 68 #

2019/0188(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 4
Decision No 573/2014/EU
Article 5
Article 5 Article 5 Cooperation Cooperation The Network shall develop cooperation with relevant labour market stakeholders including other providers of employment and social services, and where appropriate, EU Agencies in the area of employment, social policy and education and training, social partners, organisations representing unemployed persons or vulnerable groups, vocational training organisations, NGOs working in the field of employment, and regional and local authorities, by involving them in relevant activities and meetings of the Network and by exchanging information and data with them.
2020/02/04
Committee: EMPL
Amendment 75 #

2019/0188(COD)

Proposal for a decision
Article 1 – paragraph 1 – point 7
Decision No 573/2014/EU
Article 10
Article 10 Article 10 Review Review By September 2026, the Commission shall submit an evaluation on the application of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. The evaluation shall, among others, assess to what extent the Network has contributed to the achievement of the objectives set out in Article 3 and whether it has benefited all categories of people, including those in disadvantaged position.
2020/02/04
Committee: EMPL
Amendment 59 #

2019/0002(COD)

Proposal for a regulation
Recital 10
(10) The access rights and conditions under which the ETIAS Central Unit and ETIAS National Units may consult data stored in other EU information systems for the purposes of ETIAS should be safeguarded by clear and precise rules regarding the access by the ETIAS Central Unit and ETIAS National Units to the data stored in other EU information systems, the type of queries and categories of data, all of which should be limited to what is strictly necessary for the performance of their duties. In the same vein, the data stored in the ETIAS application file should only be visible to those Member States that are operating the underlying information systems in accordance with the modalities of their participation. As an example, the provisions of this Regulation relating to the Schengen Information System and the Visa Information System constitute provisions building upon all the provisions of the Schengen acquis, for which the Council Decisions35 on the application of the provisions of the Schengen acquis relating to the Schengen Information System and the Visa Information System are relevant. _________________ 35 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 ( OJ L 166, 1.7.2010, p. 17); Council Decision (EU) 2017/733 of 25 April 2017 on the application of the provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Croatia (OJ L 108, 26.4.2017, p. 31); Council Decision (EU) 2017/1908 of 12 October 2017 on the putting into effect of certain provisions of the Schengen acquis relating to the Visa Information System in the Republic of Bulgaria and Romania (OJ L 269, 19.10.2017, p. 39–43); Council Decision (EU) 2018/934 of 25 June 2018 on the putting into effect of the remaining provisions of the Schengen acquis relating to the Schengen Information System in the Republic of Bulgaria and Romania (OJ L 165, 2.7.2018, p. 37).
2020/10/02
Committee: LIBE
Amendment 64 #

2019/0002(COD)

(4 a) The ETIAS Central Unit shall provide periodical reports to the Commission and eu-Lisa concerning false hits generated during the automated processing referred to in Article 20 (2). The ETIAS Central Unit shall seek the cooperation and information from ETIAS National Units in this regard.
2020/10/02
Committee: LIBE
Amendment 66 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11– paragraph 1 – subparagraph 1
[Interoperability shall rely on the European Search Portal (‘ESP’), established by Article 6 of Regulation (EU) 2018/XXX (interoperability). During a transitional period, before the ESP is available, the automated processing shall rely on a tool developed by eu-LISA for the purpose of this paragraph. This tool shall be used as the basis for the development and implementation of the ESP, in accordance with Article 52 of that Regulation]9/817 of the European Parliament and of the Council (interoperability).
2020/10/02
Committee: LIBE
Amendment 71 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 8 – subparagraph 1
Where hits are identified, the tool referred to in Article 11,ESP shall makprovide temporarily availablend read-only access to the results in the application file to the ETIAS Central Unit, until the end of the manual process pursuant to Article 22(2) and Article 23(2). Where the data made available correspond to those of the applicant or where doubts remain, the unique ID code of the data having triggered a hit shall be kept in the application file.
2020/10/02
Committee: LIBE
Amendment 73 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 9
9. A hit shall be triggered where all or some of the data from the ETIAS application file used for the query correspond fully or partially to the data present in a record, alert or file of the other EU information systems consulted. The Commission shall, by means of an implementing act, define partial correspondence, including a degree of probability to limit the number of false hits and to limit the number of ETIAS queries to what is necessary..
2020/10/02
Committee: LIBE
Amendment 75 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/1240
Article 11 – paragraph 10
10. For the purpose of paragraph 1, the Commission, shall, by means of an implementing delegated act, define the technical modalities for the implementation of Article 24(6)(c)(ii) and Article 54(1)(b) related to data retention while fully respecting the principle of data minimisation and the relevant retention periods.
2020/10/02
Committee: LIBE
Amendment 78 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 4
Regulation (EU) 2018/ 1240
Article 11 – paragraph 11
For the purpose of Article 25(2), Article 28(8) and Article 29(9) when registering the data related to hits into the ETIAS application file, the origin of the data shall be indicated. This shall include the type of the alert, except for alerts referred to in Article 23(1), the source of the data (which other EU information systems or Europol data), the unique identification number used in the source of the data having triggered the hit and the Member State that entered or supplied the data having triggered the hit and, where available, the date and time when the data was entered in the other EU information systems or Europol data. When a hit leads to a negative decision, and without prejudice to any limitations existing in the EU information system that has triggered the hit, the applicant shall be informed of the system which generated the hit for the purposes of ensuring the applicant's right to an effective remedy.
2020/10/02
Committee: LIBE
Amendment 88 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 6
Regulation (EU) 2018/1240
Article 12 – paragraph 2 (new)
2. For the purpose of paragraph 1, a cooperation agreement is to be agreed upon between the European Union and INTERPOL. This cooperation agreement shall provide for the modalities for the exchange of information and safeguards for the protection of personal data. and subject to Article 218 TFEU;
2020/10/02
Committee: LIBE
Amendment 98 #

2019/0002(COD)

Proposal for a regulation
Article 1 – paragraph 10
Regulation (EU) 2018/1240
Article 25a – paragraph 2
2. The ETIAS National Units shall also have access to the national criminal records registers in order to obtain the information on third country national and stateless persons convicted for a terrorist offence or any other serious criminal offences as specified in the Annex to Regulation (EU) 2018/ 1240 for the purposes referred to in paragraph 1.
2020/10/02
Committee: LIBE
Amendment 117 #

2019/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18c – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data in VIS in a read-only format and in accordance with Article 11(8) of that Regulation.
2020/10/02
Committee: LIBE
Amendment 120 #

2019/0002(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EC) No 767/2008
Article 18d – paragraph 2
2. The ETIAS National Units, designated pursuant to Article 8(1) of Regulation (EU) 2018/1240, shall have temporary access to and may consult VIS, in a read- only format, for the purpose of examining applications for travel authorisation pursuant to Article 8(2) of that Regulation. The ETIAS National Units may consult the data referred to in Articles 9 to 14 of this Regulation.
2020/10/02
Committee: LIBE
Amendment 128 #

2019/0002(COD)

Proposal for a regulation
Article 3 – paragraph 1 – point 5
Regulation (EU) 2017/2226
Article 25a – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search data in the EES in a read-only format and in accordance with Article 11(8) of that Regulation.
2020/10/02
Committee: LIBE
Amendment 135 #

2019/0002(COD)

Proposal for a regulation
Article 4 – paragraph 1 – point 3
Regulation (EU) 2018/1861
Article 36a – paragraph 1
1. The ETIAS Central Unit, established within the European Border and Coast Guard Agency in accordance with Article 7 of Regulation (EU) 2018/1240, shall have, for the purpose of performing its tasks conferred on it by Regulation (EU) 2018/1240, the right to access and search relevant data entered in SIS. The provisions in a read- only format. The provisions of points (4) to (8) of Article 36(4)-(8) apply to this access and search.
2020/10/02
Committee: LIBE
Amendment 54 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 1
Regulation (EU) 2019/816
Article 1 – point d
the conditions under which data included in the ECRIS-TCN system may be used forby the purpose of border managementETIAS Central Unit for identifying an application that might be security risk to the Schengen area, for the purpose of ETIAS, in accordance with Regulation (EU) 2018/1240 of the European Parliament and of the Council*.
2020/10/02
Committee: LIBE
Amendment 59 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 2
Regulation (EU) 2019/816
Article 2 – paragraph 1
This Regulation applies to the processing of identity information of third country nationals who have been subject to convictions in the Member States for the purpose of identifying the Member State(s) where such convictions were handed down, as well as for the purposes of border management [and contributing to facilitating and assisting in the correct identification of persons] that pose a security risk.
2020/10/02
Committee: LIBE
Amendment 73 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 4 – point a
Regulation (EU) 2019/816
Article 5 – paragraph 1 – point c
(c) where applicable, a flag indicating that the person concerned has been convicted for a terrorist offence or any other serious criminal offence, as s specified in the Annex to Regulation (EU) 2018/1240 punishable under national law with a detention sentence of at least three years and in those cases the code of the convicting Member State(s).;
2020/10/02
Committee: LIBE
Amendment 78 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 5
Regulation (EU) 2019/816
Article 7 – paragraph 5
5. In the event of a hit, the Central System [or the CIR] shall automatically provide the competent authority with information on the Member State(s) holding criminal record information on the third country national, along with the associated reference number(s) referred to in Article 5(1) and any corresponding identity information. Such identity information shall only be used for the purpose of verification of the identity of the third country national concerned. The result of a search in the Central System may only be used for the purpose of making a request according to Article 6 of Framework Decision 2009/315/JHA, a request referred to in Article 16(4) of this Regulation, or for the purposes of border management [ and facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system].;
2020/10/02
Committee: LIBE
Amendment 88 #

2019/0001(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 8
Regulation (EU) 2019/816
Article 22 – paragraph 1
1. The data included in the Central System [and the CIR] shall only be processed for the purpose of the identification of the Member State(s) holding the criminal records information of third country nationals, as well as for the purposes of border management [ as well as for facilitating and assisting in the correct identification of persons registered in the ECRIS-TCN system] for the purposes of ETIAS.;
2020/10/02
Committee: LIBE
Amendment 103 #

2019/0000(INI)

Motion for a resolution
Paragraph 3
3. Notes that considerable divergences in employment persist between countries, regions and population groups; the Member States and the Commission should ensure the implementation of specific employment policies in order to address the constraints and difficulties experienced by regions that suffer demographic handicaps, such as depopulated regions or sparsely populated regions, with a special focus on the agricultural sector, with the aim to foster its capacity to create employment and added value in rural areas; considers it necessary to increase employment rates and promote decent job creation in order to achieve the Europe 2020 goal of an employment rate of at least 75 %;
2019/09/16
Committee: EMPL
Amendment 131 #

2019/0000(INI)

Motion for a resolution
Paragraph 6
6. Points out the need to fight ageism in labour markets including through an intergenerational equity perspective, thus bridging the gap between youth and older generations, including by raising awareness of Council Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation, and by securing access to life-long learning opportunities, and fostering mobility and skills exchange programs among senior EU citizens;
2019/09/16
Committee: EMPL
Amendment 133 #

2019/0000(INI)

Motion for a resolution
Paragraph 6 b (new)
6 b. Calls on the Commission to draw- up a long-term planning strategy for the integration of ethnical minorities groups into the labour market, in order not only to mitigate the risk of exclusion but also to help them become active members of society;
2019/09/16
Committee: EMPL
Amendment 39 #

2018/0902R(NLE)

Motion for a resolution
Recital G a (new)
Ga. whereas changes brought to the electoral code over the years through constituency reshaping and winner compensation are disadvantaging opposition parties; whereas in response to worries over the fairness of the elections and appeals from civil society, the OSCE decided to send a full-scale international election observation mission for the general elections held 3 April 2022, which is a rare occurrence regarding EU Member States;
2022/06/01
Committee: LIBE
Amendment 70 #

2018/0902R(NLE)

Motion for a resolution
Recital J a (new)
Ja. whereas in November 2021 the European Commission has sent letters to both Hungary and Poland underlying problems with the independence of the judiciary, ineffective prosecution of corruption, and deficiencies in public procurement which could pose a risk to the EU’s financial interests; whereas in its letter to Hungary, the Commission described systemic problems and lack of accountability for corruption in, posing 16 specific questions to the Hungarian authorities on issues such as conflicts of interest, who benefits from EU funding, and how judicial review by independent courts is guaranteed; whereas despite these concerns, the European Commission delayed the application of the Rule of Law Conditionality Regulation 1a with respect to Hungary and Poland thereby undermining the credibility of the Union when it comes to defending human rights, freedom, democracy, equality and the rule of law as set out in Article 2 of the Treaty of the EU; _________________ 1a Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I , 22.12.2020, p. 1
2022/06/01
Committee: LIBE
Amendment 74 #

2018/0902R(NLE)

Motion for a resolution
Recital K
K. whereas on 5 April 2022, the Commission President announced that Commissioner for Budget Johannes Hahn had informed the Hungarian authorities about the Commission’s plans to move on to the next step and formally trigger the Rule of Law Conditionality Regulation5 , mainly over corruption concerns; whereas on 27 April 2022, the Commission finally started the formal procedure against Hungary under the Rule of Law Conditionality Regulation by sending a written notification; _________________ 5 Regulation (EU, Euratom) 2020/2092 of 16 December 2020 on a general regime of conditionality for the protection of the Union budget, OJ L 433 I , 22.12.2020, p. 1.
2022/06/01
Committee: LIBE
Amendment 77 #

2018/0902R(NLE)

Ka. whereas on 24th of July 2020 the removal of Hungary’s top independent news portal index.hu editor-in-chief prompted the collective resignation of more than 70 journalists who were denouncing clear interference and governmental pressure on their media outlet; whereas in recent years critical voices have been silenced, most independent outlets have either gone out of business, or have been bought by government allies and received lucrative flows of state advertising;
2022/06/01
Committee: LIBE
Amendment 78 #

2018/0902R(NLE)

Motion for a resolution
Recital K b (new)
Kb. whereas the consolidation of over 470 media outlets under KESMA (Central European Press and Media Foundation) has had dramatic impacts in terms of shrinking of the space available for independent and opposition media and access to information for the Hungarian citizens; whereas the funds spent for public media and KESMA are essentially used for government propaganda and discrediting the opposition and non- governmental organizations; whereas the manipulation of media ownership, state capture of regulators and formerly independent outlets, government advertising revenue and the granting of licenses are methods by which the media environment can be skewed in favour of the government and are already exported in other parts in Europe;
2022/06/01
Committee: LIBE
Amendment 80 #

2018/0902R(NLE)

Motion for a resolution
Recital K c (new)
Kc. whereas according to the study financed by the European Commission conducted by the European federation of Journalists (EFJ), the Centre for Media Pluralism and Media Freedom (CMPF) at the European University Institute in Florence, Mapping Media Freedom, released in July 2020, the coronavirus crisis had arguably the biggest effect on media freedom in Hungary; whereas the new legislation against the spreading of “false” or “distorted” information, passed during the state of emergency in Hungary, caused uncertainty and self- censorship among media outlets and actors;
2022/06/01
Committee: LIBE
Amendment 83 #

2018/0902R(NLE)

Motion for a resolution
Recital K d (new)
Kd. whereas in July 2021 the investigative portal Direkt36 revealed, based on a leaked database, that about 300 Hungarian citizens - among which journalists, lawyers, politicians, businesspeople critical of the government, former state officials- were targeted by the Pegasus spyware of the Israeli NSO Group between 2018 and 2021; whereas these revelations raised concerns about politically motivated surveillance against Hungarian citizens and the abuse of the NSO spyware;
2022/06/01
Committee: LIBE
Amendment 94 #

2018/0902R(NLE)

Motion for a resolution
Recital L a (new)
La. whereas Hungary ranks 69 out of 139 countries in the World Justice Project 2021 Rule of Law Index (down two places compared to the previous year) and occupies the last place (31 out of 31) in the EU, EFTA, and North America region;
2022/06/01
Committee: LIBE
Amendment 97 #

2018/0902R(NLE)

Motion for a resolution
Recital L b (new)
Lb. whereas Hungary ranks 73 out of the 180 countries and territories covered by the Transparency International 2021 Corruption Perception Index (down by one place compared to the previous year) and its ranking has been constantly declining since 2012;
2022/06/01
Committee: LIBE
Amendment 99 #

2018/0902R(NLE)

Motion for a resolution
Recital L c (new)
Lc. whereas Hungary ranks 85 out of the 180 countries and territories covered by the Reporter without Borders 2022 World Press Freedom Index and is listed in the analysis for the Europe -Central Asia region as one of the countries that have intensified draconian laws against journalists;
2022/06/01
Committee: LIBE
Amendment 101 #

2018/0902R(NLE)

Motion for a resolution
Recital L d (new)
Ld. whereas there is increasing expert consensus that Hungary is no longer a democracy; whereas according to the University of Gothenburg V-Dem Democracy Index 2019, Hungary became the EU’s first ever authoritarian Member State; whereas Hungary was identified as a “hybrid regime,” having lost its status as a “semi-consolidated democracy” in the 2020 Freedom House Nations in Transit Report; whereas Hungary is rated as a "flawed democracy" and ranks 56 out of 167 countries (one position below its 2020 ranking) in the Economist Intelligence Unit’s 2022 Democracy Index; whereas according to the V-Dem Democracy Index 2022, among the Union members, Hungary and Poland are among the top autocratizers in the world over the last decade;
2022/06/01
Committee: LIBE
Amendment 104 #

2018/0902R(NLE)

Motion for a resolution
Recital L e (new)
Le. whereas the Hungarian government continued attacks on academic freedoms; whereas on 31st of August 2020 the management of Hungary’s prestigious University of Theatre and Film Arts (SZFE) resigned in protest over the imposition of a government-appointed board; whereas a law passed by parliament in 2020 had transferred the ownership of the state-run theatre school to a private foundation whose members have close links to the Orban government; whereas the Ministry of Technology and Innovation appointed five members to the new board of trustees, rejecting members proposed by the university’s senate; whereas in recent years the actions of the government aimed at exerting control over academia and sciences in an effort to root out teaching or scientific research that counter the government’s conservative agenda; whereas another example in this regard is stripping the Academy of Sciences of its autonomy through the controversial bill adopted in July 2019; whereas the EU should act more forcefully in order to safeguard the autonomy of universities in Hungary;
2022/06/01
Committee: LIBE
Amendment 107 #

2018/0902R(NLE)

Motion for a resolution
Recital L f (new)
Lf. whereas two thirds of the 33 public interest asset management foundations performing public duties (KEKVAs) that have been created by the end of 2021 will manage higher education institutions previously run by the state; whereas civil society and Hungarian independent intellectuals have warned against the massive privatisation in the field of higher education and the threat it poses for freedom of research and teaching;
2022/06/01
Committee: LIBE
Amendment 110 #

2018/0902R(NLE)

Motion for a resolution
Recital L g (new)
Lg. whereas on 15 June 2021, the Hungarian Parliament adopted a law originally intended to fight paedophilia, which, following amendments proposed by Members from the ruling Fidesz party, contains clauses prohibiting the portrayal of homosexuality and gender- reassignment to minors; whereas the law prohibits homosexuality and gender reassignment from being featured in sex education classes, and stipulates that such classes can now only be taught by registered organisations; whereas changes to the Business Advertising Law and to the Media Law require that adverts and content featuring LGBTI people must be rated as Category V (i.e. not recommended for minors); whereas the association of sexual orientation and gender identity with criminal acts such paedophilia is unacceptable and leads to further discrimination and stigmatisation of sexual minorities;
2022/06/01
Committee: LIBE
Amendment 113 #

2018/0902R(NLE)

Motion for a resolution
Recital L h (new)
Lh. whereas civil society, and especially public interest non- governmental organizations (NGOs), have been facing increasing pressure in Hungary; whereas, although the government repealed the bill previously declared incompatible with EU law by the ECJ, according to the new law, these organizations can now be subjected to regular financial inspections by the State Audit Office; whereas civil society organizations are concerned that the Audit Office, whose main function is to monitor the use of public funds, not private donations, will be used to put more pressure on them; whereas civil society organisations have warned that with the new NGO law, the state interferes with the autonomy of association of organisations established on the basis of the right of association, the privacy of citizens who stand up for public interest and that it is detrimental to the exercise of freedom of expression and to the democratic public as a whole;
2022/06/01
Committee: LIBE
Amendment 213 #

2018/0902R(NLE)

Motion for a resolution
Paragraph 2
2. Believes that, taken together, the facts and trends mentioned in Parliament’s resolutions represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serious breach thereof; strongly condemns the systematic threats to the rule of law, democracy and fundamental rights that have been brought about by the Hungarian government to the detriment of its own people and expresses deep regret that the lack of decisive EU action has contributed to turning Hungary into a hybrid regime of electoral autocracy, according to the relevant indices;
2022/06/01
Committee: LIBE
Amendment 219 #

2018/0902R(NLE)

Motion for a resolution
Paragraph 3
3. Strongly regDeplorets the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure; urges the Council to ensure that hearings take place at a minimum once per Presidency during ongoing Article 7 TEU procedures and also address new developments affecting the rule of law, democracy and fundamental rights; calls on the Council to publish comprehensive minutes after each hearing; emphasises that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call for the Council to do so, underlining that any further delay to such action would amount to a breach of the rule of law principle by the Council itself; stresses that Member States have the obligation to act together and put an end to attacks on core EU values; calls on the Council to issue recommendations to Hungary as soon as possible in order to remedy the issues mentioned in its resolution of 12 September 2018 and in the present resolution, asking it to implement all the judgments and recommendations mentioned; insists that Parliament’s role and competences be duly respected;
2022/06/01
Committee: LIBE
Amendment 220 #

2018/0902R(NLE)

Motion for a resolution
Paragraph 3 a (new)
3 a. Calls on the Council and the Commission to devote more attention to systemic changes that have been brought about by the government in its systematic dismantling of Rule of Law, as well as to the interplay between the various breaches of EU values identified in its resolutions; underlines that leaving Rule of Law breaches unchecked undermines democratic institutions and eventually affects the human rights and lives of everyone in the country,
2022/06/01
Committee: LIBE
Amendment 147 #

2018/0329(COD)

(7) The link between the decision on ending of the legal stay of a third-country national and the issuing of a return decision should be reinforced in order to reduce the risk of absconding and the likelihood of unauthorised secondary movements. It is necessary to ensure that a return decision is issued immediately after the decision rejecting or terminating the legal stay, or ideally in the same act or decision. That requirement should in particular apply to cases where an application for international protection is rejected, provide. This should always be under the condition that the full scope of the principle of non-refoulement under European and international law is individually assessed in the asylum procedure and that the return procedure is automatically suspended until that rejection becomes final and pending the outcome of an appeal against that rejection.
2020/09/28
Committee: LIBE
Amendment 153 #

2018/0329(COD)

Proposal for a directive
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 return. This should be improved through constructive migration dialogues and the use of positive incentives, including financial, to improve the identification and readmission of returnees. Union formal readmission agreements negotiated by the Commission and coupled with Union parliamentary scrutiny and judicial oversight are crucial to achieve this.
2020/09/28
Committee: LIBE
Amendment 168 #

2018/0329(COD)

Proposal for a directive
Recital 11
(11) To ensure clearer and more effective rules for granting a period for voluntary departure and detaining a third- country national, determining whether there is or there is not a risk of absconding should be based on Union-wide objective criteria. Moreover this Directive should set out specific criteria which establish a ground for a rebuttable presumption that a risk of absconding existsa closed, harmonized and exhaustive list of proven, Union-wide objective criteria defined by law.
2020/09/28
Committee: LIBE
Amendment 180 #

2018/0329(COD)

Proposal for a directive
Recital 13
(13) Where there are no reasons to believe that the granting of a period for voluntary departure would undermine the purpose of a return procedure, voluntary return should be preferred over forced return and an appropriate period for voluntary departure of up to thirty days, depending in particular on the prospect of return, should be granted. A period for voluntary departure should not be granted where it has been assessed should be granted. Exceptionally, a period for voluntary departure of no less than 15 days could also be granted, after an individual assessment of the prospect of voluntary return. A period of less than 15 days can only be granted where it has been individually assessed, in line with the exhaustive list of objective criteria as outlined in this Directive, that third- country nationals pose a risk of absconding, have or had a previous application for legal stay dismissed as fraudulent or manifestly unfounded, or they pose a risk to public policy, public security or national security. An extension of the period for voluntary departure should be provided for when considered necessary because of the specific circumstances of an individual case.
2020/09/28
Committee: LIBE
Amendment 188 #

2018/0329(COD)

Proposal for a directive
Recital 14
(14) In order to promote voluntary return, Member States should have operational programmes providing for enhanced return assistance and counselling, which mayshould include support for reintegration in third countries of return tailored to the individual circumstances and prospects of the returnee, with particular attention for unaccompanied minors, taking into account the common standards on Assisted Voluntary Return and Reintegration Programmes developed by the Commission in cooperation with Member States and endorsed by the Council.
2020/09/28
Committee: LIBE
Amendment 203 #

2018/0329(COD)

Proposal for a directive
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding fivebetween ten and fifteen days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
2020/09/28
Committee: LIBE
Amendment 208 #

2018/0329(COD)

Proposal for a directive
Recital 17
(17) The appeal against a return decision that is based on a decision rejecting an application for international protection which was already subject to an effective judicial remedy shcould take place before a single level of jurisdiction only, sinceonly when the third-county national concerned would have already had his or her individual situation examined and decided upon by a judicial authority in the context of the asylum procedure, including an individual assessment of the full scope of the principle of non-refoulement under European and international law.
2020/09/28
Committee: LIBE
Amendment 216 #

2018/0329(COD)

Proposal for a directive
Recital 18
(18) An appeal against a return decision should always have an automatic suspensive effect only in cases where there is a risk of breach of the principle of non-refoulementexcept where judicial authorities have fully assessed the principle of non-refoulement and have found that this principle does not risk to be breached.
2020/09/28
Committee: LIBE
Amendment 224 #

2018/0329(COD)

Proposal for a directive
Recital 19
(19) In cases where the principle of non- refoulement is not at stakejudicial authorities have fully assessed the principle of non- refoulement and have found that this principle does not risk to be breached, appeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delay.
2020/09/28
Committee: LIBE
Amendment 232 #

2018/0329(COD)

Proposal for a directive
Recital 20
(20) To improve the effectiveness of return procedures and avoid unnecessary delays, without negatively affecting the rights of the third-country nationals concerned, the enforcement of the return decision should not be automatically suspended in cases where the full assessment of the risk to breach the principle of non- refoulement under European and international law already took place and judicial remedy was effectively exercised as part of the asylum procedure carried out prior to the issuing of the related return decision against which the appeal is lodged, unless the situation of the third-country national concerned would have significantly changed since.
2020/09/28
Committee: LIBE
Amendment 245 #

2018/0329(COD)

Proposal for a directive
Recital 25
(25) When an illegally staying third- country national is detected during exit checks at the external borders, it may be appropriate to impose an entry ban in order to prevent future re-entry and therefore to reduce the risks of illegal immigration. When justified, following an individual assessment and in application of the principle of proportionality, an entry ban may be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third- country national concerned.deleted
2020/09/28
Committee: LIBE
Amendment 257 #

2018/0329(COD)

Proposal for a directive
Recital 28
(28) Detention shouldmay be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security.
2020/09/28
Committee: LIBE
Amendment 265 #

2018/0329(COD)

Proposal for a directive
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged,A maximum period of detention of three months should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress. This period may not be prolonged, except for twice for a period of up to three months each, each after judicial review, and only in cases where, regardless of all the reasonable efforts by the Member State authorities, the removal operation is likely to last longer owing to a lack of cooperation by the third-country national concerned.
2020/09/28
Committee: LIBE
Amendment 285 #

2018/0329(COD)

Proposal for a directive
Recital 32
(32) Without prejudice to the possibility for Member States not to apply this Directive with regard to the cases referred to in Article 2(2)(a), when a border procedure is applied in accordance with Regulation (EU) …/… [Asylum Procedure Regulation], a specific border procedure should follow for the return of illegally staying third-country nationals whose application for international protection under that asylum border procedure has been rejected in order to ensure direct complementarity between the asylum and return border procedures and prevent gaps between the procedures. In such cases, it is necessary to establish specific rules that ensure the coherence and synergy between the two procedures and preserve the integrity and effectiveness of the whole process.deleted
2020/09/28
Committee: LIBE
Amendment 290 #

2018/0329(COD)

Proposal for a directive
Recital 33
(33) To ensure effective return in the context of the border procedure, a period for voluntary departure should not be granted. However, a period for voluntary departure should be granted to third- country nationals who hold a valid travel document and cooperate with the competent authorities of the Member States at all stages of the return procedures. In such cases, to prevent absconding, third-country nationals should hand over the travel document to the competent authority until their departure.deleted
2020/09/28
Committee: LIBE
Amendment 296 #

2018/0329(COD)

Proposal for a directive
Recital 34
(34) For a rapid treatment of the case, a maximum time limit is to be granted to appeal against a return decision following a decision rejecting an application for international protection adopted under the border procedure and which became final.deleted
2020/09/28
Committee: LIBE
Amendment 306 #

2018/0329(COD)

(35) An appeal against a return decision taken in the context of the border procedure should have an automatic suspensive effect in cases where there is a risk of breach of the principle of non- refoulement, there has been a significant change in the situation of the third- country national concerned since the adoption under the asylum border procedure of the decision rejecting his or her application for international protection, or if no judicial remedy was effectively exercised against the decision rejecting his or her application for international protection adopted under the asylum border procedure.deleted
2020/09/28
Committee: LIBE
Amendment 311 #

2018/0329(COD)

Proposal for a directive
Recital 36
(36) It is necessary and proportionate to ensure that a third country national who was already detained during the examination of his or her application for international protection as part of the asylum border procedure may be kept in detention in order to prepare the return and/or carry out the removal process, once his or her application has been rejected. To avoid that a third country national is automatically released from detention and allowed entry into the territory of the Member State despite having been denied a right to stay, a limited period of time is needed in order to try to enforce the return decision issued at the border. The third-country national concerned may be detained in the context of the border procedure for a maximum period of four months and as long as removal arrangements are in progress and executed with due diligence. That period of detention should be without prejudice to other periods of detention established by this Directive. Where it has not been possible to enforce return by the end of the former period, further detention of the third-country national may be ordered under another provision of this Directive and for the duration provided for therein.deleted
2020/09/28
Committee: LIBE
Amendment 322 #

2018/0329(COD)

Proposal for a directive
Recital 40
(40) The Union provides financial and operational support in order to achieve an effective implementation of this Directive. Member States should make best use of the available Union financial instruments, programmes and projects in the field of return, in particular under Regulation (EU) …/… [Regulation establishing the Asylum and Migration Fund], as well as of the operational assistance by the European Border and Coast Guard Agency according to Regulation (EU) …/… [EBCG Regulation]. Such support should be used in particular for establishing return management systems and programmes for providing logistical, financial and other material or in-kind assistance to support the return and where relevant the reintegration – of illegaland post- return monitoring of irregularly staying third- country nationals.
2020/09/28
Committee: LIBE
Amendment 337 #

2018/0329(COD)

Proposal for a directive
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18 , or under Article 36 of Directive (EU) 2016/68019 , and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union inThe Union should thus cooperatinge with the main countries of origin of illegalrregularly staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Readmission agreements, should therefore be concluded or beingand negotiated by the Union or the Member States and, providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680. _________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1). 19 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119 4.5.2016, p. 89).
2020/09/28
Committee: LIBE
Amendment 365 #

2018/0329(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 7
7. ‘risk of absconding’ means the proven existence of specific reasons in an individual case which are based on objective criteriaand specific criteria strictly defined by law to believe that a third- country national who is the subject of return procedures may abscond;
2020/09/28
Committee: LIBE
Amendment 372 #

2018/0329(COD)

Proposal for a directive
Article 3 – paragraph 1 – point 9
9. ‘vulnerable persons’ means minors, unaccompanied minors, disabled people, elderly people, pregnant women, single parents with minor children, lesbian, gay, bisexual, trans and intersex persons, persons belonging to religious minorities, non-believers, and persons who have been subjected to torture, rape or other serious forms of psychological, physical or sexual and gender based violence.
2020/09/28
Committee: LIBE
Amendment 378 #

2018/0329(COD)

Proposal for a directive
Article 4 – paragraph 4 – point a
(a) ensure that their treatment and level of protection are no less favourable than as set out in Article 10(4) and (5) (limitations on use of coercive measures), Article 11(2)(a) (postponement of removal), Article 172 (return and removal of children), Article 15 (form), Article 16 (remedies), Article 17 (safeguards pending return)14(1)(b) and (d) (emergency health care and taking into account needs of vulnerable persons), Article 18 (detention) and Articles 19 and 20 (detention conditions) and
2020/09/28
Committee: LIBE
Amendment 381 #

2018/0329(COD)

Proposal for a directive
Article 4 – paragraph 4 – point b
(b) respect the principle of non- refoulement., best interest of the child, family life and state of health (Article 5)
2020/09/28
Committee: LIBE
Amendment 383 #

2018/0329(COD)

Proposal for a directive
Article 5 – paragraph 1 – point a
(a) the best interests of the child as the primary consideration in all decisions concerning minors;
2020/09/28
Committee: LIBE
Amendment 388 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph -1 (new)
-1. The existence of a risk of absconding shall be determined on the basis of an overall assessment of the specific circumstances and the future behaviour that can be reasonably expected in the individual case, taking into account the following objective criteria
2020/09/28
Committee: LIBE
Amendment 393 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at leastmay only include the following criteria:
2020/09/28
Committee: LIBE
Amendment 397 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – point a
(a) lack of documentation proving the identity;deleted
2020/09/28
Committee: LIBE
Amendment 398 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – point b
(b) lack of residence, fixed abode or reliable address;deleted
2020/09/28
Committee: LIBE
Amendment 402 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – point c
(c) lack of financial resources;deleted
2020/09/28
Committee: LIBE
Amendment 404 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – point d
(d) illegal entry into the territory of the Member States;deleted
2020/09/28
Committee: LIBE
Amendment 417 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – point k
(k) existence of conviction for a criminal offence, including for a serious criminal offence in another Member State;
2020/09/28
Committee: LIBE
Amendment 419 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – point l
(l) ongoing criminal investigations and proceedings;deleted
2020/09/28
Committee: LIBE
Amendment 422 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 1 – point m
(m) using false or forged identity documents, destroying or otherwise disposing of existing documents, or refusing to provide fingerprints as required by Union or national law;
2020/09/28
Committee: LIBE
Amendment 432 #

2018/0329(COD)

Proposal for a directive
Article 6 – paragraph 2 – subparagraph 2
However, Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when one of the objective criteria referred to in points (m), (n), (o) and (p) of paragraph 1 is fulfilled.deleted
2020/09/28
Committee: LIBE
Amendment 439 #

2018/0329(COD)

Proposal for a directive
Article 7 – title
ObligInformation toand cooperateion
2020/09/28
Committee: LIBE
Amendment 446 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 1 – introductory part
1. Member States shall impose on third-country nationals the obligation to cooperate withtake measures that facilitate that the competent authorities ofand the Member States at all stages of the return procedures. That obligation shall include the following in particular:third country national to mutually cooperate and provide information.
2020/09/28
Committee: LIBE
Amendment 447 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 1 – point a
(a) the duty to provide all the elements that are necessary for establishing or verifying identity;deleted
2020/09/28
Committee: LIBE
Amendment 454 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 1 – point b
(b) the duty to provide information on the third countries transideleted;
2020/09/28
Committee: LIBE
Amendment 457 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 1 – point c
(c) the duty to remain present and available throughout the procedures;deleted
2020/09/28
Committee: LIBE
Amendment 463 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 1 – point d
(d) the duty to lodge to the competent authorities of third countries a request for obtaining a valid travel document.deleted
2020/09/28
Committee: LIBE
Amendment 474 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation. (1) The third country national shall, to the best of his/her knowledge and capabilities, inform the competent authorities on the elements necessary to establish or verify his/her identity, including, where available, documentation regarding nationality or nationalities, age, country or countries and place or places of previous residence, travel routes and travel documentation. The third country national shall also remain present and available throughout the procedure and shall, to the extent possible and where not jeopardising his or her rights or safety, cooperate with lodging a request for obtaining a valid travel document with the competent authorities of third countries.
2020/09/28
Committee: LIBE
Amendment 478 #

2018/0329(COD)

Proposal for a directive
Article 7 – paragraph 3
3. Member States shall inform the third-country nationals aboutin writing in a concise, transparent, intelligible and easily accessible form, using clear and plain language on the basis of a standard template which shall be developed by the European Border and Coast Guard Agency, and in a language that the applicant understands. Where necessary, this information shall, in addition, be supplied orally and in a visual form through videos or pictograms, and shall take into account the individual circumstances, especially for vulnerable persons. This information shall include, at least, a clear overview of the return procedure, the rights and obligations during the procedure, the consequences of not complying with thean obligation referred to in paragraph 1. to return following a return decision, and the contacts of non-governmental and international organisations that can provide advice, and the options for sustainable returns, such as support and reintegration measures.
2020/09/28
Committee: LIBE
Amendment 507 #

2018/0329(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 1
Member States shall issue a return decision immediately after the adoption of a decision ending a legal stay of a third- country national, including a decision not granting a third-country national refugee status or subsidiary protection status in accordance with Regulation (EU) …/… [Qualification Regulation], only where the full scope of the principle of non- refoulement under European and international law is individually assessed in the asylum procedure.
2020/09/28
Committee: LIBE
Amendment 512 #

2018/0329(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 2
This Directive shall not prevent Member States from adopting a return decision together with a decision ending a legal stay of a third-country national, a decision on a removal and/or entry ban in a single administrative or judicial decision or act as provided for in their national legislation, without prejudice to the procedural safeguards available under Chapter III and under other relevant provisions of Union and national law.
2020/09/28
Committee: LIBE
Amendment 514 #

2018/0329(COD)

Proposal for a directive
Article 8 – paragraph 6 – subparagraph 3
The first and second subparagraphs are without prejudice to the safeguards under Chapter III and under other relevant provisions of Union and national law.deleted
2020/09/28
Committee: LIBE
Amendment 521 #

2018/0329(COD)

Proposal for a directive
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 followingAs a general rule, Member States shall grant such a period, without an application byfrom the third- country national concerned. In such a case,being required. Member States shall inform the third-country nationals concerned of the possibility of submitting such an applicationof this period for voluntary departure.
2020/09/28
Committee: LIBE
Amendment 526 #

2018/0329(COD)

Proposal for a directive
Article 9 – paragraph 1 – subparagraph 3
The length of the period for voluntary departure shall be determined with due regard to the specific circumstances of the individual case, taking into account in particular the prospect of return.deleted
2020/09/28
Committee: LIBE
Amendment 533 #

2018/0329(COD)

Proposal for a directive
Article 9 – paragraph 4 – introductory part
4. Member States shall not grant aIn exceptional cases, a shorter period for voluntary departure inof no less than 15 days could also be granted, after an individual assessment of the prospect of return. A period of less than 15 days can only be granted if an individual assessment has found that the following cases are applicable:
2020/09/28
Committee: LIBE
Amendment 537 #

2018/0329(COD)

Proposal for a directive
Article 9 – paragraph 4 – point b
(b) where an application for legal stay has been dismissed as manifestly unfounded or fraudulent;
2020/09/28
Committee: LIBE
Amendment 566 #

2018/0329(COD)

Proposal for a directive
Article 12 – title
12 Return and removal of unaccompanied minorschildren
2020/09/28
Committee: LIBE
Amendment 573 #

2018/0329(COD)

Proposal for a directive
Article 12 – paragraph 1
1. Before deciding to issue a return decision in respect of an unaccompanied minor, assistance by appropriate bodies other than the authorities enforcing return shall be granted with due consideration being given to the best interests of the chiland the best interests of the child shall be the primary consideration and the guardian or legal representative who is appointed to assist the unaccompanied minor shall be consulted.
2020/09/28
Committee: LIBE
Amendment 578 #

2018/0329(COD)

Proposal for a directive
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 and shall conduct a thorough follow-up to ensure the child best interest is fully respected. When the return is deemed in the best interest of the child, Member States shall ensure the child receives appropriate assistance.
2020/09/28
Committee: LIBE
Amendment 581 #

2018/0329(COD)

Proposal for a directive
Article 12 – paragraph 2 a (new)
2a. Unaccompanied children shall be assisted by a guardian throughout the entire process and the best interest of the child shall be the primary consideration in all decisions.
2020/09/28
Committee: LIBE
Amendment 587 #

2018/0329(COD)

Proposal for a directive
Article 13 – paragraph 2
2. Member States may impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.deleted
2020/09/28
Committee: LIBE
Amendment 603 #

2018/0329(COD)

Proposal for a directive
Article 14 – paragraph 1
1. Each Member State shall set up, operate, maintain and further develop a national return management system, which shall process all the necessary information for implementing this Directive, in particular as regards the management of individual cases as well as of any return- related procedure, including post-return monitoring and support to ensure sustainable returns.
2020/09/28
Committee: LIBE
Amendment 609 #

2018/0329(COD)

Proposal for a directive
Article 14 – paragraph 2
2. The national system shall be set up in a way which ensures technical compatibility allowing for communication with the central system established in accordance with Article 50 of Regulation (EU) …/… [EBCG Regulation]. and in full compliance with all relevant EU data protection law, in particular the GDPR and the Law Enforcement Directive. The Commission shall adopt a delegated act to establish the specific legal framework for this central system and the communication with this system, including clearly identifying the purposes of the processing via this centralised system and of the categories of personal data to be processed for each of these purposes.
2020/09/28
Committee: LIBE
Amendment 614 #

2018/0329(COD)

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 2
Such assistance mayshall include support for reintegration in the third country of return which follow up on personal reintegration plans of returnees where legally and practically possible, to ensure sustainable returns, especially taking into account the specific circumstances of each third country national, and giving full attention to the cases of vulnerable persons. Member States shall ensure a follow up of these plans by dedicated and independent monitoring bodies.
2020/09/28
Committee: LIBE
Amendment 621 #

2018/0329(COD)

Proposal for a directive
Article 14 – paragraph 3 – subparagraph 3
The granting of such assistance, including its kind and extent, shallmay be subject to the cooperation of the third-country national concerned with the competent authorities of the Member States as provided for in Article 7 of this Directive, where the non- cooperation of the third country national gives substantial reason to assume that the third country national will not cooperate with the reintegration support in the future.
2020/09/28
Committee: LIBE
Amendment 634 #

2018/0329(COD)

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
The third-country national concerned shall be afforded an effective remedy to appeal against or seek review of decisions related to return, as referred to in Article 15(1), before a competent judicial authority. Member states shall allocate to judicial authorities the capacity required for the proper implementation of this directive, including human resources and training, so as to guarantee the quality and expediency of judicial review
2020/09/28
Committee: LIBE
Amendment 637 #

2018/0329(COD)

Proposal for a directive
Article 16 – paragraph 1 – subparagraph 2
The third-country national concerned shallcan be granted the right to appeal only before a single level of jurisdiction against the return decision where that decision is based on a decision rejecting an application for international protection taken in accordance with Regulation EU) …/… [Asylum Procedure Regulation] that was subject to an effective judicial review in accordance with Article 53 of that Regulation, only where the full scope of the principle of non-refoulement under European and international law is individually assessed in the asylum procedure.
2020/09/28
Committee: LIBE
Amendment 643 #

2018/0329(COD)

Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing thean appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breachgainst that decision during the examination of the appeal and until the decision on appeal has been notified to the third country national. An appeal against a return decision shall have an automatic suspensive effect except in cases where judicial authorities have assessed the full scope of the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, t under European and international law and have found that this principle does not risk to be breached. The enforcement of the return decision shall notcan also be suspended unlesswhen a court or tribunal decides otherwiseto do so, taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio.
2020/09/28
Committee: LIBE
Amendment 650 #

2018/0329(COD)

Proposal for a directive
Article 16 – paragraph 3 – subparagraph 3 – introductory part
Where no relevant new elements or findings have arisen or have been presented by the third-country national concerned which significantly modify the specific circumstances of the individual case, the first and the second subparagraphs of this paragraph shall not apply where:
2020/09/28
Committee: LIBE
Amendment 656 #

2018/0329(COD)

Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fivebetween ten and fifteen days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
2020/09/28
Committee: LIBE
Amendment 672 #

2018/0329(COD)

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – introductory part
Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third-country national who is the subject of return procedures in order to prepare the return and/or carry out the removal process, in particular when:
2020/09/28
Committee: LIBE
Amendment 677 #

2018/0329(COD)

Proposal for a directive
Article 18 – paragraph 1 – subparagraph 1 – point c
(c) the third-country national concerned poses a risk to public policy, public security or national security.deleted
2020/09/28
Committee: LIBE
Amendment 696 #

2018/0329(COD)

Proposal for a directive
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximumlimited period of detention of not less than three months and not more than sixwhich may not exceed three months.
2020/09/28
Committee: LIBE
Amendment 699 #

2018/0329(COD)

Proposal for a directive
Article 18 – paragraph 6 – introductory part
6. Member States may not extend the period referred to in paragraph 5 except for two consecutive times of each a limited period not exceeding each a further twelve3 months in accordance with national law, and always after judicial review, in cases where regardless of all their reasonable efforts the removal operation is likely to last longer owing to:
2020/09/28
Committee: LIBE
Amendment 701 #

2018/0329(COD)

Proposal for a directive
Article 18 – paragraph 6 – point b
(b) delays in obtaining the necessary documentation from third countries.deleted
2020/09/28
Committee: LIBE
Amendment 715 #

2018/0329(COD)

Proposal for a directive
Article 20 – paragraph 1
1. Unaccompanied minors and families with minors shall onlynot be detained as a measure of last resort and for the shortest appropriate period of timend will be provided with adequate, humane and non-custodial alternatives to detention when in the best interest of the child and where necessary to guarantee their protection.
2020/09/28
Committee: LIBE
Amendment 721 #

2018/0329(COD)

Proposal for a directive
Article 20 – paragraph 2
2. Families detained pending removal shall be provided with separate accommodation guaranteeing adequate privacyMember States shall therefore establish appropriate care arrangements and accommodate minors and families with minor children. Appropriate care arrangements and reception measures for minor children and their families shall be community based, the least intrusive possible and respect the right to privacy and family life. These care arrangements should provide for personnel and facilities which take into account the needs of persons their age. Minors shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education. Unaccompanied minors shall as far as possible be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.
2020/09/28
Committee: LIBE
Amendment 726 #

2018/0329(COD)

Proposal for a directive
Article 20 – paragraph 3
3. Minors in detention shall have the possibility to engage in leisure activities, including play and recreational activities appropriate to their age, and shall have, depending on the length of their stay, access to education.deleted
2020/09/28
Committee: LIBE
Amendment 728 #

2018/0329(COD)

Proposal for a directive
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possible be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.deleted
2020/09/28
Committee: LIBE
Amendment 729 #

2018/0329(COD)

Proposal for a directive
Article 20 – paragraph 4
4. Unaccompanied minors shall as far as possible be provided with accommodation in institutions provided with personnel and facilities which take into account the needs of persons of their age.deleted
2020/09/28
Committee: LIBE
Amendment 735 #

2018/0329(COD)

Proposal for a directive
Article 20 – paragraph 5
5. The best interests of the child shall be a primary consideration in the context of thealternatives to detention ofor minors pending removal.
2020/09/28
Committee: LIBE
Amendment 738 #

2018/0329(COD)

Proposal for a directive
Article 21 – paragraph 1
1. In situations where an exceptionally large number of third-country nationals to be returned places an unforeseen heavy burden on the capacity of the detention facilities of a Member State or on its administrative or judicial staff, such a Member State may, as long as the exceptional situation persistfor a period of maximum three months, decide to allow for periods for judicial review longer than those provided for under the third subparagraph of Article 18(2) and to take urgent measures in respect of the conditions of detention derogating from those set out in Articles 19(1) and 20(2). The Member States shall, within three months, and under coordination by the Commission and EU Agencies, take all necessary measures to ensure adequate capacity.
2020/09/28
Committee: LIBE
Amendment 740 #

2018/0329(COD)

Proposal for a directive
Article 22
[...]deleted
2020/09/28
Committee: LIBE
Amendment 752 #

2018/0329(COD)

Proposal for a directive
Article 23 – paragraph 1
The Commission shall report every three years to the European Parliament and the Council on the application of this Directive in the Member States and, if appropriate, propose amendments. Such report shall be accompanied by a full Commission impact assessment of the transposition and implementation of this Directive by each Member States.
2020/09/28
Committee: LIBE
Amendment 332 #

2018/0108(COD)

Proposal for a regulation
Recital 35
(35) Immunities and privileges, which may refer to categories of persons (such as diplomats, doctors, journalists, etc.) or specifically protected relationships (such as lawyer-client privilege), are referred to in other mutual recognition instruments such as the European Investigation Order. Their range and impact differ according to the applicable national law that should be taken into account at the time of issuing the Order, as the issuing authority may only issue the Order if a similar order would be available in a comparable domestic situation. In addition to this basic principle, immunities and privileges which protect access, transactional or content data in the Member State of the service provider should be taken into account as far as possible in the issuing State in the same way as if they were provided for under the national law of the issuing State. This is relevant in particular should the law of the Member State where the service provider or its legal representative is addressed provide for a higher protection than the law of the issuing Stateconfidentiality of sources) or rules relating to freedom of the press and freedom of expression in other media differ according to the applicable national law and should be taken into account at the time of issuing the Order. The provision also ensures respect for cases where the disclosure of the data may impact fundamental interests of that Member State such as national security and defence. As an additional safeguard, these aspects should be taken into account not only when the Order is issued, but also later, when assessing the relevance and admissibility of the data concerned at the relevant stage of the criminal proceedings, and if an enforcement procedure takes place, by the enforcing authority.
2019/12/11
Committee: LIBE
Amendment 383 #

2018/0108(COD)

Proposal for a regulation
Recital 55
(55) In addition, during the enforcement procedure and subsequent legal remedy, the addressee may oppose the enforcement of a European Production or Preservation Order on a number of limited grounds, including it not being issued or validated by a competent authority or it being apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or is manifestly abusive. For example, an Order requesting the production of content data pertaining to an undefined class of people in a geographical area or with no link to concrete criminal proceedings would ignore in a manifest way the conditions for issuing a European Production Order.
2019/12/11
Committee: LIBE
Amendment 395 #

2018/0108(COD)

Proposal for a regulation
Article 1 – paragraph 1
1. This Regulation lays down the rules under which an authority of a Member State may order a service provider offering services in the Union, to produce or preserve electronic evidence, regardless of the location of data, besides mutual legal assistance procedures or Directive 2014/41/EU of the European Parliament and of the Council of 3 April 2014 regarding the European Investigation Order in criminal matters. This Regulation is without prejudice to the powers of national authorities to compel service providers established or represented on their territory to comply with similar national measures for entirely domestic situations.
2019/12/11
Committee: LIBE
Amendment 398 #

2018/0108(COD)

Proposal for a regulation
Article 1 – paragraph 2
2. This Regulation shall not have the effect of modifying the obligation to respect the fundamental rights and legal principles as enshrined in Article 6 of the TEU, including the rights of defence of persons subject to criminal proceedings, and any obligations incumbent on law enforcement or judicial authorities in this respect shall remain unaffected. Any rights of, or obligations incumbent on, service providers concerning the security, encryption, or general and indiscriminate retention of data shall also remain unaffected.
2019/12/11
Committee: LIBE
Amendment 460 #

2018/0108(COD)

Proposal for a regulation
Article 2 – paragraph 1 – point 15
(15) ‘emergency cases’ means situations where there is an imminent threat to life or physical integrity of a person or to a critical infrastructure as defined in Article 2(a) of Council Directive 2008/114/EC46 . _________________ 46Council Directive 2008/114/EC of 8 December 2008 on the identification and designation of European critical infrastructures and the assessment of the need to improve their protection (OJ L 34523.12.2008. p 75).
2019/12/11
Committee: LIBE
Amendment 461 #

2018/0108(COD)

Proposal for a regulation
Article 3 – paragraph 1 a (new)
1 a. This Regulation shall not apply to proceedings initiated by the issuing authority for the purpose of providing mutual legal assistance to another Member State or a third country.
2019/12/11
Committee: LIBE
Amendment 463 #

2018/0108(COD)

Proposal for a regulation
Article 3 – paragraph 2
2. The European Production Orders and European Produceservation Orders may only be issued for criminal proceedings, both during the pre-trial and trial phase. The Orders may also be issued in proceedings relating to a criminal offence for which a legal person may be held liable or punished in the issuing State.
2019/12/11
Committee: LIBE
Amendment 465 #

2018/0108(COD)

Proposal for a regulation
Article 3 – paragraph 2 a (new)
2 a. Electronic evidence shall not be used for the purpose of proceedings other than those for which it was obtained in accordance with this Regulation.
2019/12/11
Committee: LIBE
Amendment 466 #

2018/0108(COD)

Proposal for a regulation
Article 3 – paragraph 3 a (new)
3 a. The Orders provided for by this Regulation shall not be issued to obtain data protected under the law of a Member State by immunities and privileges. Such protected data, which was unintentionally obtained through the Orders provided for by this Regulation, shall not be admissible as evidence.
2019/12/11
Committee: LIBE
Amendment 468 #

2018/0108(COD)

Proposal for a regulation
Article 3 – paragraph 3 b (new)
3 b. Authorities of a Member State which is subject to a procedure referred to in Article 7(1) or 7(2) of the Treaty on European Union may issue European Preservation Orders and may not issue European Production Orders.
2019/12/11
Committee: LIBE
Amendment 489 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 2
2. The European Production Order shall be necessary and proportionate for the purpose of the proceedings referred to in Article 3 (2)limited to data pertaining to individual persons with a direct link to the proceedings referred to in Article 3 (2), be necessary and proportionate for the purpose of those proceedings, and may only be issued if a similar measure would be available for the same criminal offence in a comparable domestic situation in the issuing State.
2019/12/11
Committee: LIBE
Amendment 490 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 3
3. European Production Orders to produce subscriber data or access data for the sole purpose of determining the identity of individual persons with a direct link to the proceedings referred to in Article 3 (2) may be issued for all criminal offences.
2019/12/11
Committee: LIBE
Amendment 499 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 4 – introductory part
4. European Production Orders to produce subscriber data, access data, transactional data or content data may only be issuedfor all other purposes may only be issued in emergency cases, or if (a) the individual person, whose data is being requested, is residing in the issuing State, and (b) the place where the crime was committed or where the effects of the offence to a relevant degree materialised is in the issuing State.
2019/12/11
Committee: LIBE
Amendment 500 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point a
(a) for criminal offences punishable in the issuing State by a custodial sentence of a maximum of at least 3 years, ordeleted
2019/12/11
Committee: LIBE
Amendment 506 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point b
(b) for the following offences, if they are wholly or partly committed by means of an information system: – offences as defined in Articles 3, 4 and 5 of the Council Framework Decision 2001/413/JHA47 ; – offences as defined in Articles 3 to 7 of Directive 2011/93/EU of the European Parliament and of the Council48 ; – offences as defined in Articles 3 to 8 of Directive 2013/40/EU, of the European Parliament and of the Council; _________________ 47Council Framework Decision 2001/413/JHA of 28 May 2001 combating fraud and counterfeiting of non-cash means of payment (OJ L 149, 2.6.2001, p. 1). 48Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography, and replacing Council Framework Decision 2004/68/JHA (OJ L 335, 17.12.2011, p. 1).deleted
2019/12/11
Committee: LIBE
Amendment 508 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 4 – point c
(c) for criminal offences as defined in Article 3 to 12 and 14 of Directive (EU) 2017/541 of the European Parliament and of the Council49 . _________________ 49Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism and replacing Council Framework Decision 2002/475/JHA and amending Council Decision 2005/671/JHA (OJ L 88, 31.3.2017, p. 6).deleted
2019/12/11
Committee: LIBE
Amendment 512 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point c
(c) the individually identifiable persons whose data is being requested, except where the sole purpose of the order is to identify a person;
2019/12/11
Committee: LIBE
Amendment 516 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point e
(e) if applicable, the time range requested to be produced, tailored as narrowly as possible;
2019/12/11
Committee: LIBE
Amendment 520 #

2018/0108(COD)

Proposal for a regulation
Article 5 – paragraph 5 – point i
(i) the grounds for the necessity and proportionality of the measure, taking due account of the impact of the measure on the fundamental rights of the person whose data is sought.
2019/12/11
Committee: LIBE
Amendment 528 #

2018/0108(COD)

Proposal for a regulation
Article 6 – paragraph 2
2. It mashall be limited to data pertaining to individual persons with a direct link to the proceedings referred to in Article 3 (2) and may only be issued where necessary and proportionate to prevent the removal, deletion or alteration of those data in view of a subsequent request for production of this data via mutual legal assistance, a European Investigation Order or a European Production Order. European Preservation Orders to preserve data may be issued for all criminal offences.
2019/12/11
Committee: LIBE
Amendment 530 #

2018/0108(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point c
(c) the individually identifiable persons whose data shall be preserved, except where the sole purpose of the order is to identify a person;
2019/12/11
Committee: LIBE
Amendment 533 #

2018/0108(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point e
(e) if applicable, the time range requested to be preserved, tailored as narrowly as possible;
2019/12/11
Committee: LIBE
Amendment 534 #

2018/0108(COD)

Proposal for a regulation
Article 6 – paragraph 3 – point g
(g) the grounds for the necessity and proportionality of the measure, taking due account of the impact of the measure on the fundamental rights of the person whose data is sought.
2019/12/11
Committee: LIBE
Amendment 567 #

2018/0108(COD)

Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Where sService providers, Member States orand Union bodies shavell established a dedicated platforms or otherEuropean platform with secure channels for the handling of cross-border requests for and data bytransfers between law enforcement and judicial authorities, the issuing authority may also choose to transmit the Certificate via and service providers. The issuing authority shall transmit the Certificate via these channels.The European Data Protection Board and the European Data Protection Supervisor shall monitor the protection of personal data processed through this platform and these channels.
2019/12/11
Committee: LIBE
Amendment 581 #

2018/0108(COD)

Proposal for a regulation
Article 8 a (new)
Article 8 a Notification and Verification 1. In cases where the European Production Order concerns transactional data or content data, the issuing authority shall submit a copy of the EPOC to the enforcing authority at the same time the EPOC is submitted to the addressee in accordance with Article 7. 2. The enforcing authority may verify, on its own initiative or at the request of the addressee, whether the European Production Order meets the conditions laid down in Articles 3, 4 and 5. It may also consult the issuing authority on the matter and request further clarifications. After that consultation, the issuing authority may decide to withdraw or adapt the EPOC. In the event of withdrawal or adaptation, the issuing authority shall immediately inform the addressee. 3. Where the enforcing authority verifies the European Production Order and, after consulting the issuing authority, concludes that the European Production Order does not meet the conditions laid down in Articles 3, 4 and 5, it shall instruct the addressee not to execute the EPOC. The enforcing authority shall inform the issuing authority of its reasoned objection, including all relevant details, without undue delay. 4. The procedures laid down in paragraphs 1 and 2 shall not have suspensive effect on the obligations of the addressee under this Regulation.
2019/12/11
Committee: LIBE
Amendment 586 #

2018/0108(COD)

Proposal for a regulation
Article 9 – paragraph 1
1. UIn cases where the European Production Order concerns subscriber data or access data, upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the latest within 3 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure. In cases where the European Production Order concerns transactional data or content data, upon receipt of the EPOC, the addressee shall ensure that the requested data is transmitted directly to the issuing authority or the law enforcement authorities as indicated in the EPOC at the latest within 10 days upon receipt of the EPOC, unless the issuing authority indicates reasons for earlier disclosure.
2019/12/11
Committee: LIBE
Amendment 608 #

2018/0108(COD)

Proposal for a regulation
Article 9 – paragraph 3
3. If tThe addressee canshall not comply with its obligation becauseif the EPOC is incomplete, contains manifest errors or, does not contain sufficient information to execute the EPOC, the addressee shallor is not limited to individual persons. In those cases, the addressee shall notify the enforcing authority and inform the issuing authority referred to in the EPOC without undue delay and ask for clarification, using the Form set out in Annex III. It shall inform the issuing authority whether an identification and preservation was possible as set out in paragraph 6. The issuing authority shall react expeditiously and within 5 days at the latest. The deadlines set out in paragraphs 1 and 2 shall not apply until the clarification is provided.
2019/12/11
Committee: LIBE
Amendment 615 #

2018/0108(COD)

Proposal for a regulation
Article 9 – paragraph 5 – subparagraph 2
In case the addressee considers that the EPOC cannot be executed because based on the sole information contained in the EPOC it is apparent that it manifestly violates the Charter of Fundamental Rights of the European Union or that it is manifestly abusive, the addressee shall also send the Form in Annex III to the competent enforcement authority in the Member State of the addressee. In such cases the competent enforcement authority may seek clarifications from the issuing authority on the European Production Order, either directly or via Eurojust or the European Judicial Network.deleted
2019/12/11
Committee: LIBE
Amendment 622 #

2018/0108(COD)

Proposal for a regulation
Article 9 – paragraph 6
6. The addressee shall preserve the data requested, if it does not produce it immediately, unless the information in the EPOC does not allow it to identify the data requested, in which case it shall seek clarification in accordance withDuring the procedures laid down in paragaraph 3. The preservation shall be upheld until the data is produced, whether it is on the basis of the clarified European Production Order and its Certificate or through other channels, such as mutual legal assistance. If the production of data and its preservation is no longer necessary, the issuing authority and where applicable pursuant to Article 14(8) the enforcing authority shall inform the addressee without undue delays 1 to 5, the service provider shall preserve the data requested, unless the request is not limited to individual persons.
2019/12/11
Committee: LIBE
Amendment 624 #

2018/0108(COD)

Proposal for a regulation
Article 9 – paragraph 6 a (new)
6 a. Without prejudice to paragraphs 1 to 6, where the service provider has substantial grounds to believe that an EPOC does not meet the conditions laid down in this Regulation, the service provider may request the enforcing authority to verify the EPOC pursuant to the procedures laid down in Article 8a (2).
2019/12/11
Committee: LIBE
Amendment 626 #

2018/0108(COD)

Proposal for a regulation
Article 10 – paragraph 1
1. Upon receipt of the EPOC-PR, the addressee shall, without undue delay, preserve the data requested. The preservation shall cease after 60 days, unless. However, the preservation shall be continued for a maximum of 60 additional days, if the issuing authority confirms within the first 60 days that the subsequent request for production has been launched.
2019/12/11
Committee: LIBE
Amendment 643 #

2018/0108(COD)

Proposal for a regulation
Article 10 – paragraph 4
4. If tThe addressee canshall not comply with its obligation becauseif the Certificate is incomplete, contains manifest errors or does not contain sufficient information to execute the EPOC-PR, the addressee shallor is not limited to individual persons. In those cases, the addressee shall notify the enforcing authority and inform the issuing authority set out in the EPOC-PR without undue delay and ask for clarification, using the Form set out in Annex III. The issuing authority shall react expeditiously and within 5 days at the latest. The addressee shall ensure that on its side the needed clarification can be received in order to fulfil its obligation set out in paragraph 1.
2019/12/11
Committee: LIBE
Amendment 669 #

2018/0108(COD)

Proposal for a regulation
Article 11 – paragraph 1
1. Addressees and, if different, service providers shall take the necessary measures to ensure the confidentiality of the EPOC or the EPOC-PR and of the data produced or preserved and where requested by the issuing authority, shall refrain from informing the person whose data is being sought in order not to obstruct the relevant criminal proceedings. As long as necessary and proportionate to avoid obstructing the relevant criminal proceedings, and taking due account of the impact of the measure on the fundamental rights of the person whose data is sought, the issuing authority may request the addressee to refrain from informing the person whose data is being sought.
2019/12/11
Committee: LIBE
Amendment 682 #

2018/0108(COD)

Proposal for a regulation
Article 11 – paragraph 2
2. Where the issuing authority does not requested the addressee to refrain from informing the person whose data is being sought, or where informing the person whose data is being sought would no longer obstruct the relevant criminal proceedings, the issuing authority shall inform the person whose data is being sought by the EPOC or EPOC-PR without undue delay about the data production. This information may be delayed as long as necessary and proportionate to avoid obstructing the relevant criminal proceedings or preservation.
2019/12/11
Committee: LIBE
Amendment 699 #

2018/0108(COD)

Proposal for a regulation
Article 12 – paragraph 1
The service provider may claim reimbursement of their costs by the issuing State, if this is provided by the national law of the issuing State or the enforcing State for domestic orders in similar situations, in accordance with these national provisions. The service provider may choose whether it wants to be reimbursed pursuant to the national provisions of the issuing State or of the enforcing State. Member States shall inform the Commission about their rules for reimbursement and the Commission shall make them public.
2019/12/11
Committee: LIBE
Amendment 702 #

2018/0108(COD)

Proposal for a regulation
Article 13 – paragraph 1
1.Service providers shall not be held liable for lawful compliance with an EPOC or EPOC-PR. 2. Without prejudice to national laws which provide for the imposition of criminal sanctions, Member States shall lay down the rules on pecuniary sanctions applicable to infringements of the obligations pursuant to Articles 9, 10 and 11 of this Regulation and shall take all necessary measures to ensure that they are implemented. The pecuniary sanctions provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them. 3. When determining in the individual case the appropriate pecuniary sanction, the competent authorities shall take into account all relevant circumstances, such as the nature, gravity and duration of the breach, whether it was committed intentionally or through negligence, whether the service provider was held responsible for similar previous breaches and the financial strength of the service provider held liable. Particular attention shall, in this respect, be given to micro enterprises that fail to comply with an Order in an emergency case due to lack of personal resources ouside normal buisness hours, if the data is transmitted without undue delay.
2019/12/11
Committee: LIBE
Amendment 709 #

2018/0108(COD)

Proposal for a regulation
Article 14 – paragraph 2
2. Upon receipt, the enforcing authority shall without further formalities recognise a European Production Order or European Preservation Order transmitted in accordance with paragraph 1 and shall take the necessary measures for its enforcement, unless the enforcing authority considers that one of the grounds provided for in paragraphs 4 or 5 apply or that the data concerned is protected by an immunity or privilege under its national law or its disclosure may impact its fundamental interests such as national security and defencethe conditions laid down in Articles 3, 4 or 5 are not met. The enforcing authority shall take the decision to recognise the Order without undue delay and no later than 5 working days after the receipt of the Order.
2019/12/11
Committee: LIBE
Amendment 710 #

2018/0108(COD)

Proposal for a regulation
Article 14 – paragraph 3
3. Where the enforcing authority recognises the Order, it shall formally require the addressee to comply with the relevant obligation, informing the addressee of the possibility to oppose the enforcement by invoking the grounds listed in paragraphs 4 or 5, as well as the applicable sanctions in case of non- compliance, and set a deadline for compliance or opposition.
2019/12/11
Committee: LIBE
Amendment 712 #

2018/0108(COD)

Proposal for a regulation
Article 14 – paragraph 4
4. The addressee may only oppose the enforcement of the European Production Order on the basis of the following grounds: (a) the European Production Order has not been issued or validated by an issuing authority as provided for in Article 4; (b) the European Production Order has not been issued for an offence provided for by Article 5(4); (c) the addressee could not comply with the EPOC because of de facto impossibility or force majeure, or because the EPOC contains manifest errors; (d) the European Production Order does not concern data stored by or on behalf of the service provider at the time of receipt of EPOC; (e) the service is not covered by this Regulation; (f) based on the sole information contained in the EPOC, it is apparent that it manifestly violates the Charter or that it is manifestly abusive.deleted
2019/12/11
Committee: LIBE
Amendment 715 #

2018/0108(COD)

Proposal for a regulation
Article 14 – paragraph 5
5. The addressee may only oppose the enforcement of the European Preservation Order on the basis of the following grounds: (a) the European Preservation Order has not been issued or validated by an issuing authority as specified in Article 4; (b) the service provider could not comply with the EPOC-PR because of de facto impossibility or force majeure, or because the EPOC-PR contains manifest errors; (c) the European Preservation Order does not concern data stored by or on behalf of the service provider at the time of the EPOC-PR; (d) the service is not covered by the scope of the present Regulation; (e) based on the sole information contained in the EPOC-PR, it is apparent that the EPOC-PR manifestly violates the Charter or is manifestly abusive.deleted
2019/12/11
Committee: LIBE
Amendment 719 #
2019/12/11
Committee: LIBE
Amendment 733 #
2019/12/11
Committee: LIBE
Amendment 736 #

2018/0108(COD)

Proposal for a regulation
Article 17 – paragraph 1
1. Suspects and accused persAnyonse whose data was obtainedsought via a European Production Order or a European Preservation Order shall have the right to effective remedies against the European Production Order during the criminal proceedings for which the Order was issued,issuing State and the enforcing State without prejudice to remedies available under Directive (EU) 2016/680 and Regulation (EU) 2016/679.
2019/12/11
Committee: LIBE
Amendment 739 #

2018/0108(COD)

Proposal for a regulation
Article 17 – paragraph 2
2. Where the person whose data was obtained is not a suspect or accused person in criminal proceedings for which the Order was issued, this person shall have the right to effective remedies against a European Production Order in the issuing State, without prejudice to remedies available under Directive (EU) 2016/680 and Regulation (EU) 2016/679.deleted
2019/12/11
Committee: LIBE
Amendment 743 #

2018/0108(COD)

Proposal for a regulation
Article 17 – paragraph 3
3. Such right to an effective remedy shall be exercised before a court in the issuing State and the enforcing State in accordance with its national law and shall include the possibility to challenge the legality of the measure, including its necessity and proportionality.
2019/12/11
Committee: LIBE
Amendment 746 #

2018/0108(COD)

Proposal for a regulation
Article 17 – paragraph 4
4. Without prejudice to Article 11, the issuing authority and the enforcing authority shall take the appropriate measures to ensure that information is provided about the possibilities under national law for seeking remedies and ensure that they can be exercised effectively.
2019/12/11
Committee: LIBE
Amendment 747 #

2018/0108(COD)

Proposal for a regulation
Article 17 – paragraph 6
6. Without prejudice to national procedural rules, Member States shall ensure that in criminal proceedings in the issuing State and the enforcing State the rights of the defence and the fairness of the proceedings are respected when assessing evidence obtained through the European Production Order.
2019/12/11
Committee: LIBE
Amendment 752 #

2018/0108(COD)

Proposal for a regulation
Article 18 – paragraph 1
If transactional or content data obtained by the European Production Order is protected by immunities or privileges granted under the law of the Member State of the addressee, or it impacts fundamental interests of that Member Statmpacts fundamental interests of the Member State of the addressee such as national security and defence, the court in the issuing State shall ensure during the criminal proceedings for which the Order was issued that these grounds are taken into account in the same way as if they were provided for under their national law when assessing the relevance and admissibility of the evidence concerned. The court may consult the authorities of the relevant Member State, the European Judicial Network in criminal matters or Eurojust.
2019/12/11
Committee: LIBE
Amendment 769 #

2018/0108(COD)

Proposal for a regulation
Article 19 – paragraph 2 a (new)
2 a. The Commission shall, by 30 June of each year, publish a report containing the data referred to in paragraph 2.
2019/12/11
Committee: LIBE
Amendment 779 #

2018/0108(COD)

Proposal for a regulation
Article 23 – title
Relationship to European Investigation Orders and Mutual Legal Assistance Procedures
2019/12/11
Committee: LIBE
Amendment 781 #

2018/0108(COD)

Proposal for a regulation
Article 23 – paragraph 1
Member States’ authorities may continue to issueuse also European Investigation Orders in accordance with Directive 2014/41/EU and mutual legal assitance procedures for the gathering of evidence that would also fall within the scope of this Regulation.
2019/12/11
Committee: LIBE
Amendment 785 #

2018/0108(COD)

Proposal for a regulation
Article 24 – paragraph 1
By [53 years from the date of application of this Regulation] at the latest, the Commission shall carry out an evaluation of the Regulation and present a report to the European Parliament and to the Council on the functioning of this Regulation, which shall include an assessment of the need to enlarge or reduce its scope. If necessary, the report shall be accompanied by legislative proposals. The evaluation shall be conducted according to the Commission's better regulation guidelines. Member States shall provide the Commission with the information necessary for the preparation of that Report.
2019/12/11
Committee: LIBE
Amendment 9 #

2017/0360R(NLE)

Draft opinion
Citation 3 a (new)
- having regard to the European Parliament resolution of 13 February 2019 on Experiencing backlash in women’s rights and gender equality in the EU (2018/2684(RSP)),
2020/06/10
Committee: FEMM
Amendment 11 #

2017/0360R(NLE)

Draft opinion
Citation 4
- having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 2, 3, 10, 11, 21 and 35 thereof,
2020/06/10
Committee: FEMM
Amendment 12 #

2017/0360R(NLE)

Motion for a resolution
Citation 22
— having regard to the four infringement procedures launched by the Commission against Poland in relation to the reform ofchanges to the Polish judicial system, of which the first two resulted in judgments of the Court of Justice finding violations of the second subparagraph of Article 19(1) of the Treaty on European Union enshrining the principle of effective judicial protection, while the two other procedures are still pending,
2020/05/29
Committee: LIBE
Amendment 12 #

2017/0360R(NLE)

Draft opinion
Citation 4
- having regard to the Charter of Fundamental Rights of the European Union, in particular Articles 1, 2, 3, 10, 21, 35 and 345 thereof,
2020/06/10
Committee: FEMM
Amendment 13 #

2017/0360R(NLE)

Draft opinion
Citation 4 a (new)
- having regard to Article 2 of the Treaty on European Union (TEU), on the founding values of the Union, and Article 7 TEU, on determining the existence of a serious and persistent breach by a Member State of the values referred to in Article 2,
2020/06/10
Committee: FEMM
Amendment 14 #

2017/0360R(NLE)

Draft opinion
Citation 5
- having regard to Article 8 of the Treaty on the Functioning of the European Union (TFEU), on equality between women and men, and Article 9 TFEU, on combating social exclusion and a high level of education, training and protection of human health, Title IV TFEU on free movement of persons, services and capitals and Title V TFEU on area of freedom, security and justice,
2020/06/10
Committee: FEMM
Amendment 16 #

2017/0360R(NLE)

Draft opinion
Recital A a (new)
Aa. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 TEU and embedded in international human rights treaties; whereas those values, which are common to the Member States and to which all Member States have freely subscribed, constitute the foundation of the rights enjoyed by those living in the Union; whereas Article 7 TEU foresees the possibility to suspend certain rights deriving from the application of the Treaties to a Member State, including voting rights in the Council, where there has been a determination of the existence of a serious and persistent breach by a Member State of the values referred to in Article 2;
2020/06/10
Committee: FEMM
Amendment 18 #

2017/0360R(NLE)

Draft opinion
Recital A b (new)
Ab. whereas provision of accessible and affordable sexual and reproductive health and rights, including contraception and safe and legal abortion, is related to multiple human rights, including the right to life and dignity, freedom from inhuman and degrading treatment, the right to access healthcare, the right to privacy, the right to education and the prohibition of discrimination; whereas the denial of sexual and reproductive health and rights services is a form of violence against women and girls; whereas the European Court of Human Rights has ruled on several occasions that restrictive abortion laws and lack of implementation violates the human rights of women;
2020/06/10
Committee: FEMM
Amendment 20 #

2017/0360R(NLE)

Draft opinion
Recital A c (new)
Ac. whereas age-appropriate and evidence-based comprehensive sexuality education is key to building children’s and young peoples’ skills to form healthy, equal, nurturing and safe relationships, free from discrimination, coercion and violence as well as having a positive impact on gender equality outcomes, including transforming harmful gender norms and attitudes towards gender-based violence, homophobia and transphobia and contributes to decreased adolescent pregnancy, reduced risk-taking, and increased use of condoms and other forms of contraception;
2020/06/10
Committee: FEMM
Amendment 21 #

2017/0360R(NLE)

Motion for a resolution
Recital B
B. whereas, in contrast to Article 258 of the Treaty on the Functioning of the European Union, the scope of Article 7 of the Treaty on European Union is not limited to the obligations under the Treatiescomprises all foundational principles of the European Union referred to in Article 2 of the Treaty on European Union, as indicated in the Commission Communication of 15 October 2003, and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competences;
2020/05/29
Committee: LIBE
Amendment 23 #

2017/0360R(NLE)

Draft opinion
Recital B
B. whereas two draft laws stemming from citizens’ initiatives are before the Polish Parliament, one of which seeks to tighten up even further a law on abortion which is already one of the most restrictive in the EU, and the other to make providing comprehensive sexuality education to minors a criminal offence punishable by imprisonment;
2020/06/10
Committee: FEMM
Amendment 24 #

2017/0360R(NLE)

Motion for a resolution
Recital C a (new)
Ca. Underlines that the Member States of the European Union have, in accordance with Article 49 of the Treaty on European Union, freely and voluntarily committed themselves to the common values referred to in Article 2 of the Treaty on European Union;
2020/05/29
Committee: LIBE
Amendment 33 #

2017/0360R(NLE)

Draft opinion
Recital D
D. whereas in 2016 an attempt to introduce a total ban on the right to abortion sparked a mass mobilisation of women and civil society organisations and the ‘Black Monday’ women’s strike; whereas in 2018 the draft law imposing restrictions on abortion triggered massive protests throughout Poland and beyond;
2020/06/10
Committee: FEMM
Amendment 35 #

2017/0360R(NLE)

Draft opinion
Recital D a (new)
Da. whereas since the beginning of 2019 in Poland, there were over 80 instances, where regions, counties or municipalities have passed resolutions declaring themselves free from so-called “LGBT ideology”, or have adopted "Regional Charters of Family Rights” or key provisions coming from them, discriminating in particular single-parent and LGBTI families; whereas the creation of LGBTI free zones, even if it does not consist in the introduction of a physical border, represents an extremely discriminatory measure limiting the freedom of movement of the EU citizens;
2020/06/10
Committee: FEMM
Amendment 43 #

2017/0360R(NLE)

Draft opinion
Paragraph 1
1. Welcomes the fact that on 16 April 2020 the Polish Parliament voted to refer back to committee the two draft laws stemming from citizens’ initiatives on access to abortion and on thcomprehensive sexuality education ofor minors;
2020/06/10
Committee: FEMM
Amendment 48 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 5
5. Takes the view that the latest developments in the ongoing hearings under Article 7(1) TEU once again underline the imminent need for a complementary and, preventive and binding Union mechanism on democracy, the rule of law and fundamental rights as put forward by Parliament in its resolution of 25 October 2016;
2020/05/29
Committee: LIBE
Amendment 63 #

2017/0360R(NLE)

Draft opinion
Paragraph 3
3. Is concerned at the loss of women’s rights and at the level of protection in Poland of the right of women and adolescent girls to health, of which their sexual and reproductive health and rights is an essential component, and of the rights of young LGBTI people, whose healthmental and physical health and safety are particularly at risk; deplores the government’s continuing attacks on women’s rights activists and organisations through raids, defunding and intimidation, heavily impacting their work and creating an environment of fear;
2020/06/10
Committee: FEMM
Amendment 77 #

2017/0360R(NLE)

Draft opinion
Paragraph 4
4. Calls on the Polish Government to condemn and take appropriate legal measures against the resolutions adopted by regional and local authorities concerning the establishment of ‘LGBTI- free areas’ in Poland, which violate fundamental rights and fuel more hatred, fear and threats against LGBTI + people in Poland; calls on the Commission to assess whether the creation of LGBTI free zones consists in a violation of the freedom of movement and residence in the EU, infringing Article3 (2) TEU, Article 21 TFEU, Title IV and V TFEU and Article 45 of the Charter of Fundamental Rights of the European Union; calls on the Commission to assess whether Poland has failed to fulfil an obligation under the Treaties and it shall deliver a reasoned opinion on the matter, in accordance with Article258 TFEU; urges the Polish Government to take steps to protect LGBTI + people and to combat all human rights violations faced by them in Poland;
2020/06/10
Committee: FEMM
Amendment 79 #

2017/0360R(NLE)

Draft opinion
Paragraph 4
4. Calls on the Polish Government to condemn and take appropriate legal measures against the resolutions adopted by regional and local authorities concerning the establishment of ‘LGBTI- free areas’ in Poland, which violate fundamental rights and fuel more hatred, fear and threats against LGBTI + people in Poland; urges the Polish Government to take steps to protect LGBTI + people and to combataddress all human rights violations faced by them in Poland;LGBTI+ people and organisations in Poland; call on the Polish Government to ensure the rights and freedoms of the civil society organisations working to ensure representation of women’s and LGBTI+ peoples interests in public policy and society at large.
2020/06/10
Committee: FEMM
Amendment 81 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 13
13. Is concerned, while recognising the extraordinary circumstances created by the COVID-19 health crisis, about the amendments to the electoral legislation being considered in the Polish parliament shortly before the presidential elections which change the practical organisation of the elections in order to proceed to a vote by postal services, which could impede the elections from taking a fair, secret and equal course, respectful of the right to privacy and Regulation (EU) 2016/679 of the European Parliament and of the Council23 and which moreover run counter to the case law of the Polish Constitutional Tribunal when constitutional review was still effective; stresses, moreover, that it is very difficult to organise a genuine election campaign giving an equal share of attention and equal opportunities to all candidates and programmes and allowing for real public debate in the midst of an epidemic24 ; _________________ 23Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, p. 1). 24OSCE/ODIHR, Opinion on the draft act on special rules for conducting the general election of the President of the Republic of Poland ordered in 2020 (Senate Paper No. 99), 27 April 2020.
2020/05/29
Committee: LIBE
Amendment 81 #

2017/0360R(NLE)

Draft opinion
Paragraph 4
4. Calls on the Polish Government to urgently condemn and take appropriate legal measures against the resolutions adopted by regional and local authorities concerning the establishment of ‘LGBTI- free areas’ in Poland, which violate fundamental rights and fuel more hatred, fear and threats against LGBTI + people in Poland; urges the Polish Government to take steps to protect LGBTI + people and to combat all human rights violations faced by them in Poland;
2020/06/10
Committee: FEMM
Amendment 84 #
2020/05/29
Committee: LIBE
Amendment 85 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 14
14. Recognises that while the organisation of the justice system is a national competence; reiterates that, all the same,in the Member States falls within their competence, the Member States are required to comply with their obligations under Union law when exercising this competence, as repeatedly held by the CJEU; reiterates that national judges are essentially also European judges, applying Union law, which is the reason why the Union, including the CJEU, has to watch over the independence of the judiciary in all the Member States as one of the exigencies of the rule of law and as laid down inmaking their independence a common concern for the Union, including the Court of Justice; calls on the Polish authorities to uphold and maintain the independence of Polish courts; calls on the Commission and the Council to take all necessary measures to ensure that Polish courts remain independent and are able to ensure effective judicial protection as required by Article 19 TEU and Article 47 of the Charter;
2020/05/29
Committee: LIBE
Amendment 89 #

2017/0360R(NLE)

Draft opinion
Paragraph 5
5. Calls on the Polish Government to include sexual orientation, gender identity and sex characteristics as a protected personal characteristics in the Criminal Code to ensure the rights of all LGBTI+ people in Poland;
2020/06/10
Committee: FEMM
Amendment 90 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 15
15. Recalls that the acts concerning the Constitutional Tribunal adopted on 22 December 2015 and 22 July 2016 seriously affected the Constitutional Tribunal’s independence and legitimacy and were therefore declared unconstitutional by the Constitutional Tribunal on respectively 9 March 2016 and 11 August 2016; recalls that those judgments were not published at the time nor implemented by the Polish authorities; seriously deplores the lack of independent and effective constitutional review in Poland25 ; invites the Commission to consider launching an infringement procedure in relation to the legislation on the Constitutional Tribunal, its current unlawful composition and its active role in preventing compliance with the preliminary ruling of the Court of Justice of 19 November 2019; _________________ 25Venice Commission Opinion of 14-15 October 2016, para. 128; UN, Human Rights Committee, Concluding observations on the seventh periodic report of Poland, 31 October 2016, paras 7-8; Commission Recommendation (EU) 2017/1520.
2020/05/29
Committee: LIBE
Amendment 94 #

2017/0360R(NLE)

Draft opinion
Paragraph 6
6. Calls on the Polish Government to comply with the recommendations made by the European Parliament in its resolution of 14 November 2019 on the criminalisation of comprehensive sexuality education in Poland, as well as with those of the Council of Europe and the WHO.
2020/06/10
Committee: FEMM
Amendment 99 #

2017/0360R(NLE)

Draft opinion
Paragraph 6 a (new)
6a. Believes that safeguarding democracy and guaranteeing respect of the rule of law and fundamental rights are essential values of the European Union; believes that EU funding under the next MFF should be conditional on adherence to these principles;
2020/06/10
Committee: FEMM
Amendment 100 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 18
18. Recalls that the CJEU found in its judgment of 24 June 201928 that lowering the retirement age of sitting judges of the Supreme Court is contrary to Union law and breaches the principle of the irremovability of judges and thus that of judicial independence, after it had earlier granted the Commission’s request for interim measures on the matter by order of 17 December 201829 ; notes that the Polish authorities passed an amendment to the act on the Supreme Court in order to comply with the CJEU’s Order, the only instance so far in which they undid a reform ofchanges to the justice system following a decision by the CJEU; _________________ 28Judgment of the Court of Justice of 24 June 2019, Commission v Poland, C- 619/18, ECLI:EU:C:2019:531. 29Order of the Court of Justice of 17 December 2018, Commission v Poland, C- 619/18 R, ECLI:EU:C:2018:1021.
2020/05/29
Committee: LIBE
Amendment 102 #

2017/0360R(NLE)

Draft opinion
Paragraph 6 b (new)
6b. Recalls that Article 7 TEU can be triggered where there is determination that there is a clear risk of a serious breach by a Member State of the values referred to in Article 2; strongly believes that contraventions of women’s, LGBTI+ people’s and other minorities’ rights seriously breach the values of equality and respect for human rights, including the rights of persons belonging to minorities enshrined in Article 2 TEU and that such contraventions should trigger the Article 7 procedure; urges the Commission to monitor the situation of these values in the Union closely and launch proceedings under Article 7(1) where there is evidence of a clear risk of a serious breach of these values by a Member State;
2020/06/10
Committee: FEMM
Amendment 104 #

2017/0360R(NLE)

Draft opinion
Paragraph 6 c (new)
6c. Strongly regrets recent legal changes by the Sejm, under which medical facilities would no longer be legally obliged to indicate another facility in case of denial of abortion services due to personal beliefs; calls on the Polish government to urgently reverse these changes, to address gaps in service provision resulting from doctors who refuse healthcare services on conscientious objection grounds, and to legislate to ensure that in the event of refusal to perform a medical procedure, the medical facility must indicate another specialist or facility which will perform the procedure;
2020/06/10
Committee: FEMM
Amendment 105 #

2017/0360R(NLE)

Draft opinion
Paragraph 6 d (new)
6d. Reiterates its concerns about already ongoing, extensive, and inappropriate use of conscientious objection including the absence of a reliable referral mechanism for access to abortion in practice, and lack of timely appeals processes for women who are denied abortions; notes that under human rights law, the right of conscientious objection is not absolute and is subject to limitations to protect the rights of others and that concerning healthcare, conscientious objection is also constricted by articles protecting the right to life, health and privacy;
2020/06/10
Committee: FEMM
Amendment 110 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 23
23. Recalls that it is up to the Member States to establish a council for the judiciary, but that, where such council is established, its independence must be guaranteed in line with European standards and the constitution; recalls that, following the 2017-2018 reform of the NCJ, the body responsible for safeguarding the independence of the courts and judges in accordance with Article 186(1) of the Polish Constitution, the judicial community in Poland lost the power to delegate representatives to the NCJ, and hence its influence on recruitment and promotion of judges; recalls that before the 2017 reform, 15 out of 25 members of the NCJ were judges elected by their peers, while since the 2017 reform, those judges are elected by the Polish Sejm; strongly regrets that, taken in conjunction with the immediate replacement in early 2018premature termination in early 2018 of the mandates of all the members appointed under the old rules, this measure led to a far-reaching politicisation of the NCJ34 ; _________________ 34Consultative Council of European Judges, Opinions of the Bureau of 7 April 2017 and 12 October 2017; OSCE/ODIHR, Final Opinion on Draft Amendments to the Act of the NCJ, 5 May 2017; Venice Commission, Opinion of 8-9 December 2017, p. 5-7; GRECO, Ad hoc Report on Poland (Rule 34) of 19-23 March 2018 and Addendum of 18-22 June 2018; Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, paras 42 and 61.
2020/05/29
Committee: LIBE
Amendment 118 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 26
26. Calls on the Commission to start infringement proceedings against the act of 12 May8 December 20117 on the NCJ and to ask the CJEU to suspend the activities of the new NCJ by way of interim measures;
2020/05/29
Committee: LIBE
Amendment 125 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 29 a (new)
29a. Deplores the abuse of disciplinary proceedings against judges and prosecutors in Poland; is deeply concerned by the motion filed by the National Prosecution Office to the Disciplinary Chamber of the Supreme Court to waive the immunity of Judge Igor Tuleya; is similarly concerned by the disciplinary proceedings initiated against other judges, including Krystian Markiewicz, Chairperson of the Polish Judges’ Association “Iustitia”, and Paweł Juszczyszyn; calls on Polish authorities to stop using disciplinary proceedings to disguise politically motivated reprisals against specific judges and prosecutors for applying EU law or their public defence of the rule of law in Poland;
2020/05/29
Committee: LIBE
Amendment 133 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 33
33. Concurs with the Commission, the Parliamentary Assembly of the Council of Europe and, the Group of States against Corruption and the United Nations Special Rapporteur on the independence of judges and lawyers that the aforementioned separate reformchanges to the judicial system, considering their interaction and overall impact, amount to a serious, sustained and systemic breach of the rule of law, enabling the legislative and executive powers to influence the functioning of the judiciary in a critical manner, thereby significantly weakening the independence of the judiciary in Poland43 ; _________________ 43Recommendation (EU) 2018/103; condemns the destabilizing impact on the Polish legal order of the measures taken and appointments made since 2016; _________________ 43Recommendation (EU) 2018/103; United Nations, Special Rapporteur on the independence of judges and lawyers, Statement of 25 June 2018; GRECO, Follow-up to the Addendum to the Fourth Round Evaluation Report (rule 34) – Poland, 6 December 2019, para. 65; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 4.
2020/05/29
Committee: LIBE
Amendment 142 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 35
35. Is concerned that, since the entry into force on 14 February 2020 of the amendments to the act on the Supreme Court, only the Extraordinary Chamber, whose independence and impartiality itself is in question, can decide whether a judge or tribunal or court is independent and impartial, hence depriving citizens of an important element of judicial review at all other instances45 ; _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59; recalls that according to the case law of the Court of Justice, the right to a fair trial obliges every court to check of its own motion whether it fulfils the criteria of independence and impartiality; 45a _________________ 45Venice Commission and DGI of the Council of Europe, Urgent Joint Opinion of 16 January 2020, para 59. 45aJudgment of the Court of Justice of 26 March 2020, Simpson v Council and HG v Commission, Joined Cases C-542/18 RX-II and C-543/18 RX-II, ECLI:EU:C:2020:232, para 57.
2020/05/29
Committee: LIBE
Amendment 155 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 37 a (new)
37a. Expresses concern over use and threat of libel litigation against academics and the Polish Ombudsman; calls on Polish authorities to respect freedom of speech and academic freedom; denounces attempts to silence the Polish Ombudsman, an independent institution enshrined in the Polish Constitution;
2020/05/29
Committee: LIBE
Amendment 228 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 46
46. Recalls its stance expressed in its resolution of 18 December 2019, when it strongly denounced any discrimination against LGBTI people and the violation of their fundamental rights by public authorities, including hate speech by public authorities and elected officials, in the context of elections, as well as the declarations of zones in Poland free from so-called ‘LGBT ideology’, and called on the Commission to strongly condemn such public discrimination; notes the lack of any improvement in the situation of LGBTI people in Poland since;
2020/05/29
Committee: LIBE
Amendment 235 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 47
47. Notes that the lack of independence of the judiciary in Poland has already started affecting mutual trust between Poland and other Member States, especially in the field of judicial cooperation in criminal matters; points out that mutual trust between the Member States can be restored only once respect for the values enshrined in Article 2 TEU is ensured; considers the threat to the uniformity of the Union legal order posed by rule of law deconsolidation in Poland to be particularly serious;
2020/05/29
Committee: LIBE
Amendment 241 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 48
48. Calls on the Polish government to comply with all provisions relating to the rule of law and fundamental rights enshrined in the Treaties, the Charter of Fundamental Rights, the ECHR and international human rights standards, and to engage directly in honest dialogue with the Commission; calls on the Polish government to swiftly and fully implement the rulings of the CJEU and to respect the primacy of Union law;
2020/05/29
Committee: LIBE
Amendment 242 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 48 a (new)
48a. Calls on the Council and the Commission to refrain from narrowly interpreting the rule of law principle, and to use the Article 7(1) TEU procedure to its full potential by addressing the implications of the Polish government’s action for all the principles enshrined in Article 2 TEU, including democracy and fundamental rights, such as freedom of association, women’s rights, media freedom and the right to free and fair elections;
2020/05/29
Committee: LIBE
Amendment 246 #

2017/0360R(NLE)

Motion for a resolution
Paragraph 49
49. Calls upon the Council to resume the formal hearings - the last one of which was held as long ago as December 2018 - as soon as possible and to include in those hearings all the latest and major negative developments in the areas of rule of law, democracy and fundamental rights; urges the Council to finally act under the Article 7(1) TEU procedure by finding that there is a clear risk of a serious breach by the Republic of Poland of the values referred to in Article 2 TEU, in the light of overwhelming evidence thereof as displayed in this resolution and in so many reports of international and European organisations, the case-law of the CJEU and the European Court of Human Rights and reports by civil society organisations; strongly recommends that the Council address concrete recommendations to Poland, as provided for in Article 7(1) TEU, as a follow-up to the hearings, and that it indicate deadlines for the implementation of those recommendations; calls on the Council to keep Parliament regularly informed and closely involved; furthermore on the Council to commit to assessing the implementation of these recommendations in a timely manner and, should conditions warrant it, move forward under Article 7(2) TEU; calls on the Council to keep Parliament regularly informed and closely involved; points out the need for informing, in a transparent manner, about the proceedings in the Council in order to allow for meaningful participation and oversight by all European institutions and civil society;
2020/05/29
Committee: LIBE
Amendment 59 #

2016/0062R(NLE)

Motion for a resolution
Recital A a (new)
A a. whereas gender-based violence is violence directed against a person because of that person's gender or violence that affects persons of a particular gender disproportionately; whereas ‘violence against women’ means any act of gender- based violence that results in, or is likely to result in, physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
2022/12/08
Committee: LIBEFEMM
Amendment 180 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 3
3. Strongly condemns all forms of gender-based violence, including the denial of access to sexual and reproductive health and rights, against women and girls and against LGBTIQ+ persons and calls for the implementation of preventive measures, including gender-sensitive education programming directed at both girls and boys; support services and protection measures for survivors such as financial assistance, psychological support, helplines, shelters and access to social housing, as well as measures assisting the victim to safely continue living in their home such as restraining orders for the perpetrator; specialist support for children; obligations for Member States to address appropriately in their respective legislation amongst others custody and visitation rights of children, civil consequences of forced marriages, stalking, including cyberstalking and the use of spyware, denial of reproductive rights and denial of access to reproductive health care and minimum standards for law enforcement;
2022/12/08
Committee: LIBEFEMM
Amendment 198 #

2016/0062R(NLE)

Motion for a resolution
Paragraph 4 a (new)
4 a. Stresses the importance of promoting cooperation between the Member States on the issue of gender- based violence, which also enables the Member States with successful policies to share their experiences through exchange of best practices;
2022/12/08
Committee: LIBEFEMM