631 Amendments of Isabel WISELER-LIMA
Amendment 195 #
2022/2205(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is dismayed by the fact that, far from the negative trend stopping or being reversed, the democratic backsliding in Türkiye has continued in the last year, with new legal reformchanges and a relentless crackdown on any critical voice, particularly ahead of and during the recent elections; affirms with regret that Türkiye has now become a global showcase for all kinds of authoritarian practices;
Amendment 235 #
2022/2205(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses concerns about the continued properflawed functioning of Türkiye’s market economy, particularly with regard to the conduct of monetary and fiscal policies, and the institutional and regulatory environment;
Amendment 366 #
2022/2205(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers, in view of all the above, that in the absence of a drastic change of course by the Turkish Government, Türkiye’s EU accession process has lost its purpose and willmight not endure much longer in the current circumstances; recommends, in that case, starting a reflection process to find an alternative and realistic framework for EU-Türkiye relations in substitution for the accession process; calls on the Commission, therefore, to explore possible formats for a mutually appealing framework through a comprehensive and inclusive process;
Amendment 397 #
2022/2205(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reaffirms its support for an upgraded customs union with a broader, mutually beneficial scope, which could encompass a wide range of areas of common interest, including digitalisation and Green Deal alignment; insists that such a modernisation would need to be based on strong conditionality related to human rights and, the rule of law as well as all the aforementioned principles; stresses that both parties must be fully aware of this democratic conditionality from the outset of any negotiations, as Parliament will not give its consent to the final agreement if no progress is made in this field; remains ready to advance towards visa liberalisation as soon as the Turkish authorities fulfil the six outstanding benchmarks;
Amendment 3 #
2022/2057(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
— having regard to the Commission’s European Democracy action plan of 3 December 2020,
Amendment 52 #
2022/2057(INI)
Motion for a resolution
Recital I
Recital I
I. whereas according to the Committee to Protect Journalists, in 2022, 66 journalists were killed and 64 were reported missing; and, according to Reporters Without Borders (RSF), 533 journalists are currently detained for carrying out their journalistic activity;
Amendment 87 #
2022/2057(INI)
Motion for a resolution
Recital V a (new)
Recital V a (new)
V a. whereas the Partnership on Information and Democracy gathering 50 states from all regions (half of them are members of the European Union) calls for the establishment of democratic safeguards in the communication and information space and recognises every citizen’s right to reliable information;
Amendment 90 #
2022/2057(INI)
Motion for a resolution
Recital V b (new)
Recital V b (new)
V b. whereas the Partnership on Information and Democracy underlines that access to reliable information must be protected and promoted to enable democratic participation and the exercise of freedom of opinion and expression;
Amendment 91 #
2022/2057(INI)
Motion for a resolution
Recital V c (new)
Recital V c (new)
V c. whereas the civil society-led implementation body of the Partnership, the Forum on Information and Democracy, has developed a series of recommendations in order to address the issue of the information chaos that the EU could use to support efforts of democratic countries outside the Union;
Amendment 135 #
2022/2057(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights the importance of ensuring the safety and well-being of journalist fact checkers, who are particularly targeted because they constantly reveal mis- and disinformation, and by doing so, often expose facts that people have put a lot of effort into hiding or distorting; ask the Commission to build tools to address this issue, such as a legal framework for targeted media outlets and effective means for them to operate;
Amendment 197 #
2022/2057(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Calls for an appropriate and sustainable legal framework establishing a free information space protection mechanism based on the reciprocity of openness requirements; believes that, as proposed by Reporters Without Borders (RSF), this System for the protection of democratic information spaces should be built on two pillars: 1) equal treatment – for all audio-visual outlets broadcasting in the EU; 2) reciprocity – openness of public space for EU broadcasters in third countries.
Amendment 3 #
2022/2049(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
— having regard to the UN International Convention against the Taking of Hostages of 17 December 1979,
Amendment 5 #
2022/2049(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the UN Convention on the Rights of Persons with Disabilities (CRPD) and its entry into force in the EU on 21 January 2011 in accordance with Council Decision 2010/48/EC of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities,
Amendment 20 #
2022/2049(INI)
— having regard to the EU Strategy on the Rights of Persons with Disabilities 2021-2030,
Amendment 31 #
2022/2049(INI)
Motion for a resolution
Citation 48 a (new)
Citation 48 a (new)
— having regard to its resolution of 9 June 2022 on a new trade instrument to ban products made by forced labour,
Amendment 90 #
2022/2049(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Condemns in the strongest possible terms Russia’s unjustified and unprovoked war of aggression against Ukraine; expresses, in this regard, its deep grief at the human suffering and serious human rights violations, including sexual and gender based violence, caused by the Russian armed forces at the EU’s borders; welcomes the joint efforts of the EU and, its Member States and civil society in response to the war; welcomes, moreover, the solidarity shown by a great number of countries towards Ukraine, as highlighted by their stance during the sessions and votes of the UN General Assembly on the crisis in Ukraine; calls for the EU and its Member States to give the Ukrainian people the support they need to defend democracy, human rights and international law; welcomes the unprecedented ambition of the sanctions imposed in the context of the war and calls for the EU and its Member States to continue to use all of the instruments at their disposal to support the Ukrainian people in their fight to free Ukraine from its occupiers;
Amendment 175 #
2022/2049(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Calls on the EU to work with like- minded partners to encourage more countries to adopt sanctions regimes and apply sanctions as to increment their effectiveness at a global level;
Amendment 176 #
2022/2049(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Expresses deep concern about and condemns some countries’ deliberate policy of arresting, arbitrarily detaining and prosecuting foreigners, in particular EU citizens, on trumped-up charges for propaganda purposes or to use prisoners as an instrument of international negotiation and exchange or as a means of exerting political pressure; stresses that operating such a policy constitutes an act of hostage-taking within the meaning of the International Convention against the Taking of Hostages; calls on the European Commission, the EEAS and the Member States to take measures to prevent such acts and to warn EU citizens in particular, especially dual nationals, about the risk of getting arrested when visiting certain countries; calls on the Council to consider applying restrictive measures under the EU Global Human Rights Sanctions Regime (EU Magnitsky Act) to persons or entities responsible for the arbitrary arrest or detention of EU citizens as ‘state hostages’;
Amendment 202 #
2022/2049(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Reaffirms that the effective protection of human rights around the world requires strong international cooperation at a multilateral level; underlines the particularly important role of the UN and its bodies as the main forum which must be able to effectively advance the efforts for peace and security, sustainable development and respect for human rights and international law; calls for the EU and its Member States to continue supporting the work of the UN, both politically and financially; underlines the need for the EU and its Member States to strive to speak with one voice both at the UN and in other multilateral forums; recalls the obligations of all UN member states to promote and protect all human rights and fundamental freedoms, as enshrined in the Founding Charter of the United Nations and UN General Assembly Resolution 60/251, and to refrain from backwards steps that weaken human rights protections; stresses the responsibility of the UN Human Rights Council to address all the grave violations of human rights around the world;
Amendment 216 #
2022/2049(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Underlines the need to carry out an impartial, fair and transparent review of the applications for consultative status on the UN Economic and Social Council by non-governmental organisations (NGOs);
Amendment 240 #
2022/2049(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly welcomes the continuous contribution of the International Criminal Court (ICC) to the fight against impunity; calls for the EU and its Member States to provide the ICC with sufficient support to enable it to carry out its work; reiterates its condemnation of continuous efforts to undermine the legitimacy and work of the ICC by authoritarian and illiberal regimes and calls for the EU and its Member States to continue their efforts to counter them; welcomes the fact that the EU has provided support for the very first time to the ICC’s investigation capacities to help it scale up its investigations into war crimes committed by Russian armed forces in Ukraine, and respond to threats and sanctions against human rights defenders cooperating with the Court; welcomes the EU and EU Member States unprecedented support for the role of the ICC;
Amendment 298 #
2022/2049(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25 a. Calls on the EU, as set in out in the Gender Action Plan III, to strongly address intersectionality by developing a policy to fight the multiple discriminations faced by the 130 million Dalit women and girls who are victims of civil, political, economic, social and cultural rights violations, including sexual abuse and violence, displacement, forced and/or bonded labour, prostitution and trafficking;
Amendment 310 #
2022/2049(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls for a systematic and consistent approach to promoting and defending children’s rights throughout the EU’s external policies; calls for more concerted efforts to protect children’s rights in crisis or emergency situations and welcomes the Council conclusions on this subject; expresses concern that the growing number of such crisis situations around the world, coupled with the long-lasting effects of the COVID-19 pandemic, has led to increasing violations of child rights around the world, including violence, early and forced marriage, sexual abuse including genital mutilation, trafficking, child labour, child forced labour, recruitment as child soldiers, a lack of access to education and healthcare, malnutrition and extreme poverty; stresses the disproportionate and long-term effects of food insecurity on children, which directly affects not only their health and development but also their education, as well as increasing the outrageous practice of child marriage; stresses that 2021 was the International Year for the Elimination of Child Labour and recalls the EU’s zero tolerance policy on this practice;
Amendment 317 #
2022/2049(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Stresses that the right to education has suffered particular setbacks, with unparalleled disruptions to education due to COVID-19 but also to religious extremism and gender discrimination against girls, and expresses concern regarding the expulsion of pregnant teenagers from schools; recalls that every child has the right to comprehensive sexuality education that is non- discriminatory, evidence-based, scientifically accurate age-appropriate and tackles harmful gender norms; calls for the EU to step up its work to provide access to education, including innovative ways to circumvent the obstacles imposed by national authorities; calls on the Commission and the EEAS to step up their support for third countries to help them adapt to the challenges they have faced during the COVID-19 pandemic in the field of education; stresses that support could take the form of an increased funding allocation through NDICI – Global Europe, but could also include providing capacity- building and best practices based on the lessons learned through the EU delegations worldwide;
Amendment 323 #
2022/2049(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27 a. Calls on the Commission and the EEAS to maintain robust funding for education through all EU financial instruments available, in line with the 10 % benchmark on education in the NDICI- Global Europe;
Amendment 324 #
2022/2049(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27 b. Calls on the Commission and the EEAS to support the governments of third countries in building and further developing stronger gender-responsive and inclusive education systems accompanied by the eradication of all forms of gender-based violence against women and girls; recalls that women’s access to education has been established as a fundamental right by the UN; believes that increasing girls’ education and supporting women’s participation in education and careers in science, technology, engineering and mathematics (STEM) as a matter of priority should be a central policy target for the EU; insists, in this regard, on the need for girls to be able to complete their education and have access to age-appropriate information and services, free from discrimination and gender bias and with equal opportunities to fulfil their potential; stresses the urgent need to address gender-related barriers to education, such as laws, policies and harmful socio-cultural norms that prevent girls from continuing education in the event of pregnancy, marriage or motherhood; encourages the tackling of gender stereotypes and harmful socio- cultural norms through education, and the prevention of violence through gender-sensitive education programming;
Amendment 361 #
2022/2049(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Underlines the utmost importance of freedom of expression and access to reliable information for democracy and flourishing civic space; expresses deep concern about the growing limitations to freedom of expression in many countries around the world, particularly for journalists, through censorship or the need for self-censorship and the abuse of counter-terrorism, anti-money laundering, defamation laws or anti-corruption laws to silence journalists and civil society organisations; expresses concern, moreover, about the physical safety of journalists and their being targeted attacks against them in conflicts;
Amendment 366 #
2022/2049(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Calls for the EU to support credible media and information sources which contribute to accountability of the authorities and to democratic transitions; expresses concern over the widespread use of strategic lawsuits against public participation (SLAPPs) to silence journalists, activists, traand human rights defenders worldwide; unionists and human rights defenders worldwidederlines that this practice further restricts space for civil society and human rights defenders across the globe, in a context where civic space has been continuously shrinking for several years, with increasing attacks against the rights to freedom of expression, freedom of expression, and freedom of association and assembly perpetrated by public authorities as well as by private actors; welcomes, in this regard, the Commission’s proposal for a directive aimed at protecting journalists and human rights defenders from abusive court proceedings and SLAPPs; urges the EEAS, in coordination with EU Member States and the European Commission, to develop a strategy to address the widespread use of SLAPPs against human rights defenders, journalists, activists, and workers worldwide; further calls the EEAS to include guidance on ways to provide effective protection for victims of SLAPPs, including through financial assistance to cover legal fees, in such strategy; encourages legislators from third countries to draft laws with the same objective, as part of general initiatives aimed at supporting and safeguarding freedom of expression including media freedom and pluralism;
Amendment 402 #
2022/2049(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Strongly supports the work of human rights defenders and highlights the risks they face in their endeavours to protect human rights, including threats against them and their families, harassment and violence; condemns the fact that hundreds of human rights defenders have been killed for their work, the majority of whom were environmental defenders; welcomes the EU’s efforts to support human rights defenders in their work, including the ProtectDefenders.eu mechanism; calls for such efforts to be intensified in order to mitigate the growing risks faced by human rights defenders around the world; calls for the EU and its Member States, including arbitrary detention and imprisonment, verbal and physical attacks, legal harassment and restrictions; more specifically, calls for the EU and its Member States to actively support the development and implementation of appropriate and effective protection systems for HRDs at risk or in vulnerable situations, including through meaningful consultation with them and based on comprehensive, qualitative risk analyses, ensuring that such mechanisms are holistic, appropriately resourced, assess and manage the risks from a preventive approach and build protection plans which truly respond to the protection needs of individuals, collectives and communities; calls for the EU and its Member States to address actively legislative or administrative attempts to close down the space for the defence of human rights; calls for the EU and its Member States to actively promote and support, in particular the EUSR for Human Rights and EU ambassadors, to be more active in the publication of public statements and other forms of public and private political engagement in support of human rights activistdefenders at risk and those imprisoned for long periods, as well as helping to conduct prison visits for the latter and facilitating external visits to their families;
Amendment 518 #
2022/2049(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Highlights that according to the latest Global Estimates of Modern Slavery, forced labour has increased by 2.7 million in the number of people in forced labour between 2016 and 2021, up to 17.3 million; also highlights that the initial months of the COVID-19 pandemic were accompanied by widespread reports of forced labour linked to the crisis, that disruptions to income because of the pandemic led to greater indebtedness among workers and with it, reports of a rise in debt bondage among some workers lacking access to formal credit channels; stresses that the crisis also resulted in a deterioration of working conditions for many workers, in some cases leading to forced labour;
Amendment 514 #
2022/0051(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) persons who are affected or have reasonable grounds to believe that they might be affected by an adverse impact, in case the complainant is a child, a legal guardian may bring a complaint on behalf of the child,
Amendment 2 #
2021/2204(INI)
Motion for a resolution
Citation 17 a (new)
Citation 17 a (new)
— Having regard to the EU Guidelines on the promotion and protection of freedom of religion or belief of 24 June 2013, in those aspects where the Guidelines address support for and engagement with human rights defenders on behalf of religious groups, philosophical, non-confessional or other civil society organisations,
Amendment 6 #
2021/2204(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas restrictive government policies, negative discourse and intimidation or violence are common manifestations of threats to HRDs; whereas these factors are often interlinked;
Amendment 22 #
2021/2204(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the new EU global human rights sanctions regime allows the EU to target serious human rights violations and abuses worldwide; whereas the use of this tool could be enhanced by making it subject to qualified majority voting;
Amendment 100 #
2021/2204(INI)
Motion for a resolution
Paragraph 18 – indent 9 a (new)
Paragraph 18 – indent 9 a (new)
- The promotion of training for HRDs on such matters as reporting on human rights abuses and attacks on HRDs, local and international legal mechanisms of protection against human rights violations, and procedural rights in such cases where HRDs face criminal charges for their legitimate activities;
Amendment 162 #
2021/2204(INI)
Motion for a resolution
Paragraph 34 a (new)
Paragraph 34 a (new)
34 a. Calls on the Commission and the Member States to encourage and facilitate active engagement and consultation with HRDs already relocated to Europe on designing and implementing HRDs relocation programs, aid and regional initiatives according to the specific realities and needs faced by HRDs in third countries;
Amendment 189 #
2021/2204(INI)
Motion for a resolution
Paragraph 47 a (new)
Paragraph 47 a (new)
47 a. Notes with regret that EU Delegations are not present in some countries where HRDs are facing risks and danger in conducting their activities; acknowledges that EU delegations’ presence in such thirds countries is essential for the implementation of these Guidelines and effective engagement on individual urgent and serious HRD cases and other local actions; calls on the EEAS to continue exploring possibilities of establishing the EU presence in the form of a delegation in the countries with serious human rights concerns;
Amendment 41 #
2021/2180(INI)
Motion for a resolution
Citation 34 a (new)
Citation 34 a (new)
— having regard to European Court of Auditors Special Report 01/2022: EU support for the rule of law in the Western Balkans: despite efforts, fundamental problems persist,
Amendment 43 #
2021/2180(INI)
Motion for a resolution
Citation 34 b (new)
Citation 34 b (new)
— having regard to its resolution of 20 October 2021 entitled ‘Europe’s Media in the Digital Decade: an Action Plan to Support Recovery and Transformation,
Amendment 44 #
2021/2180(INI)
Motion for a resolution
Citation 34 c (new)
Citation 34 c (new)
— having regard to European Court of Auditors Special Report 09/2021: Disinformation affecting the EU: tackled but not tamed,
Amendment 91 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the EU needs to continue supporting journalism in the fast- changing digital environment; whereas editorially independent public service media are essential and irreplaceable in providing high-quality and impartial information services to the general public and must be protected from malign capture and strengthened as a fundamental pillar of the rule of law and the fight against disinformation;
Amendment 99 #
2021/2180(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas quality, sustainably and transparently financed, and independent news media and professional journalism are essential for media freedom and pluralism and the rule of law, and are therefore a pillar of democracy and the best antidote to disinformation;
Amendment 103 #
2021/2180(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas journalists and media outlets continue to be targeted through intimidation, threats on social media and physical attacks; whereas the spread of disinformation polarises society and weakens our democracy;
Amendment 106 #
2021/2180(INI)
Motion for a resolution
Recital D d (new)
Recital D d (new)
Dd. whereas the media, both traditional and digital, are cornerstone of democratic societies and a guarantee against abuse of power; whereas the loss of media freedom weakens our democracies;
Amendment 188 #
2021/2180(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Considers that the annual report should identify cross-cutting trends at EU level; asks the Commission to identify instances where certain measures or practices that undermine the rule of law in one Member State become blueprints for others, or when the gravity and scope of such deficiencies have the potential to affect the Union as a whole; calls on the European Court of Auditors to further work on their assessments of effectiveness of EU measures to support the rule of law; recalls that strengthening the rule of law is also linked to the fight against manipulative disinformation that is weakening our democratic institutions;
Amendment 205 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with deadlines for implementation, targets and concrete actions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendations; acknowledges that online platforms have a vast disruptive impact on the media sector, stresses, in this respect, that current legislation does not entirely provide for a fair environment in the public ecosystem, such as in the fight against disinformation and algorithmic accountability; considers that the adoption of relevant legislation, notably the Digital Services Act and Digital Markets Act, was a step in the right direction, but more needs to be done in the European Media Act and through other relevant measures aimed at guarding the quality of our public information space;
Amendment 293 #
2021/2180(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to invite the EU Agency for Fundamental Rights (FRA) to provide methodological advice and conduct comparative research to add detail in key areas of the annual report, bearing in mind that the right to a fair trial, freedom of expression and other fundamental rights have intrinsic links with the rule of law; calls on the European Court of Auditors to further work on their assessments of the effectiveness of EU measures to support the rule of law; recalls that strengthening the rule of law is also linked to the fight against corruption and a key condition for economic growth;
Amendment 297 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Stresses the importance of pluralistic, high-quality media, independent journalists, fact-checkers and researchers, and a strong public service media for lively and free democratic debate;
Amendment 298 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
Amendment 299 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 c (new)
Paragraph 17 c (new)
17c. Acknowledges that the online platforms have a vast disruptive impact on the media sector, stresses, in this respect, that current legislation does not entirely provide for a fair environment in the online ecosystem, such as in the fight against disinformation and algorithmic accountability; Considers that the adoption of relevant legislation, notably the Digital Services Act and Digital Markets Act, was a step in the right direction, but more needs to be done in the European Media Act;
Amendment 300 #
2021/2180(INI)
Motion for a resolution
Paragraph 17 d (new)
Paragraph 17 d (new)
17d. highlights the importance of the public media in Europe; calls on Member States to ensure stable, open, transparent, sustainable and adequate funding for public service media on a multi-annual basis in order to guarantee their quality and independence from governmental, political and other pressures;
Amendment 314 #
2021/2180(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Calls on the Commission to address in their upcoming Media Freedom Act a disbalance between traditional media and often unregulated media platforms; calls on the Commission to create fair conditions in the light of digital transformation of the media sector and the spread of online platforms;
Amendment 15 #
2021/2036(INI)
Motion for a resolution
Citation 30
Citation 30
— having regard to the Universal Declaration of Human Rights, in particular Article 191a _________________ 1aArticle 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.
Amendment 28 #
2021/2036(INI)
Motion for a resolution
Recital A
Recital A
A. whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas civil society is essentithe rights to freedom of expression, to information and to public participation, are among the cornerstones of the European understanding of democracy; whereas independent journalism and access to pluralistic information are key pillars of democracy; whereas the information, reports, opinions, claims, arguments, and other expressions provided by civil society are vital for any democracy to thrive;
Amendment 52 #
2021/2036(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Strategic Lawsuits Against Public Participation (SLAPPs) are lawsuits or other legal actions (e.g. injunctions, asset-freezing) brought forward by private individuals and entities but also inter alia by public officials, public bodies and publicly controlled entities, directed to one or more individuals or groups based on civil and criminal law, as well as the threats of such actions, with the purpose of preventing reporting on breaches of Union and national law, corruption or other fraudulent practices or of blocking public participation; whereas silencing views on public matters has a direct, detrimental impact on democratic participation and dialogue and impairs the principles and European foundational values, enshrined in Article 2 of the TEU;
Amendment 61 #
2021/2036(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the lack of a consistent and comprehensive legal and judicial approach within the Union does not allow to swiftly recognize and efficiently address SLAPP suits; whereas the level of protection from SLAPP suits remains very fragmented across Member States, frustrating legal certainty and SLAPP targets’ right to an effective remedy; whereas one of the main challenges in drafting anti-SLAPP legislation lies in how to address abusive claims, without denying potential claimants’ rights which derive from Member States’ constitutions and their obligations under the EU Charter of Fundamental Rights and the European Convention on Human Rights;
Amendment 81 #
2021/2036(INI)
Motion for a resolution
Recital C
Recital C
C. whereas SLAPPs have become an increasingly widespread practice used against journalists, academics, human rights defenders, civil society and NGOs, as demonstrated by many cases throughout the Union, such as the chilling case of investigative journalist Daphne Caruana Galizia, who was reportedly facing 47 civil and criminal defamation lawsuits, (resulting in the freezing of her assets) across multiple jurisdictions, on the day of her strongly condemned assassination on 16 October 2017, and the lawsuits her heirs continue to face; whereas other illustrative and alarming cases include Realtid Media, which was repeatedly threatened with a lawsuit in a different jurisdiction from where the reporting in question took place, and Gazeta Wyborcza, which continues to be sued by a number of public entities and officials on a regular basis;
Amendment 144 #
2021/2036(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Emphasises that public participation also has an important role to play in the proper functioning of the internal market, as it is often through public participation that breaches of Union law, corruption and other practices threatening the proper functioning of the internal market are made known to the public; underlines that protective measures against the practice of SLAPP suits are essential to address the risks that this abusive practice poses to the enforcement of EU law and policies;
Amendment 178 #
2021/2036(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Highlights that in recent years online hate speech hasand discrimination in the media, both on and offline, have become increasingly widespread against journalists, NGOs, academics and civil society, including those defending LGBTQI rights, thus threatening media freedom, freedom of expression and public safety given; reminds that online hate speech can incite real-world violence;
Amendment 186 #
2021/2036(INI)
Motion for a resolution
Paragraph 5 – subparagraph 1 (new)
Paragraph 5 – subparagraph 1 (new)
Stresses the importance for common European standards and a coordinated approach for dealing with hate speech, particularly in the online environment; welcomes in that regard the proposal for the Digital Services Act (DSA), whereas tackling illegal content and disinformation online are one of its core objectives, to overcome regulatory fragmentation and ensure harmonise legislation across the Union in that area;
Amendment 194 #
2021/2036(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that SLAPPs are often meritless, frivolous or based on exaggerated claims, and that they are not initiated for the purposes of obtaining a favourable judicial outcome but rather only to intimidate, harass, tire out, put psychological pressure on or consume the financial resources of journalists, academics, civil society and NGOs, with the ultimate objective of blackmailing and forcing them into silence through the judicial procedure itself; points out that this chilling effect canvexatious lawsuits can have great chilling effects, refraining the defendant from exercising again her or his right to report, leading to self- censorship, suppressing participation in democratic life, and also discouragesing others from reporting on similar actionissues, from entering into these professions or from proceeding with relevant associated activities;
Amendment 40 #
2021/2035(INL)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
– having regard to the LGBTIQ Equality Strategy 2020-2025 of 12 November 2020,
Amendment 44 #
2021/2035(INL)
Motion for a resolution
Citation 15 b (new)
Citation 15 b (new)
– having regard to the EU Strategy on victims’ rights (2020-2025),
Amendment 47 #
2021/2035(INL)
Motion for a resolution
Citation 15 c (new)
Citation 15 c (new)
– having regard to the UN brief ‘COVID-19 and Ending Violence Against Women and Girls’, 20201a _________________ 1a https://www.unwomen.org/- /media/headquarters/attachments/sections /library/publications/2020/issue-brief- covid-19-and-ending-violence-against- women-and-girls-en.pdf?la=en&vs=5006
Amendment 50 #
2021/2035(INL)
Motion for a resolution
Citation 15 d (new)
Citation 15 d (new)
– having regard to the legal opinion of the advocate general of the European Court of Justice on the Istanbul Convention, aimed at clarifying the legal uncertainty about if and how the EU can access and ratify the Convention, delivered on March 11, 20211a, _________________ 1a https://curia.europa.eu/juris/document/do cument.jsf?docid=238745&doclang=en
Amendment 67 #
2021/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas gender-based violence is violence directed against women because they are women andor it affects women disproportionately; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes, patriarchal structures and power asymmetriremains one of our societies’ biggest challenges and is deeply rooted in gender inequality and gender stereotypes;
Amendment 98 #
2021/2035(INL)
Motion for a resolution
Recital E
Recital E
E. whereas there is a lack of updated, comprehensive and comparable disaggregated data on all forms of gender- based violence across the Member States;
Amendment 119 #
2021/2035(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 122 #
2021/2035(INL)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the Council of Europe Convention on preventing and combating violence against women and domestic violence (the ‘Istanbul Convention’) has been signed by all Member States and ratified by 21; whereas disinformation campaigns to undermine gender equality also block progress on the issue of eliminating violence against women, as has been seen in relation to the Istanbul Convention, leading to public opposition and regrettable political decisions in some Member States;
Amendment 123 #
2021/2035(INL)
Fc. whereas a possible addition of gender-based violence to article 83(1) of the Treaty on the Functioning of the European Union (TFEU) requires to establish that it is a particularly serious crime with a cross-border dimension resulting from the nature of the offence, the impact of the offence, or a special need to combat the offence on a common basis;
Amendment 124 #
2021/2035(INL)
Motion for a resolution
Recital F d (new)
Recital F d (new)
Fd. whereas gender-based violence is a huge and structural problem in our society, affecting a significant part of the European population, with EU surveys showing that one in three women has experienced sexual and/or physical violence during her life, and one in two women (55%) has experienced sexual harassment1a; _________________ 1aEuropean Union Agency for Fundamental Rights entitled ‘Violence against women: an EU-wide survey’, published in 2014
Amendment 125 #
2021/2035(INL)
Motion for a resolution
Recital F e (new)
Recital F e (new)
Fe. whereas the COVID-19 pandemic has resulted in an increase in domestic violence across Member States, with women and girls, children and LGBTI+ persons shown to be disproportionately impacted by this form of violence, as they can be exposed to abusers for long periods of time and can be cut off from social and institutional support; whereas community support for these vulnerable groups has been dramatically restricted given the measures taken in response to the pandemic;
Amendment 128 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against women and girls and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation and trafficking in human beings, both online and offline online and offline, which is considered to refer to different acts of violence that result in, or are likely to result in, physical, sexual or psychological harm or suffering and which common feature is that they are directed against a person because of that person’s gender or that affects them disproportionately;
Amendment 136 #
2021/2035(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Recalls that “violence against women” is understood as a violation of human rights and a form of discrimination against women and shall mean all acts of gender-based violence that result in, or are likely to result in, physical, sexual, psychological or economic harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life;
Amendment 137 #
2021/2035(INL)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Recalls that “domestic violence” shall mean all acts of physical, sexual, psychological or economic violence that occur within the family or domestic unit or between former or current spouses or partners, whether or not the perpetrator shares or has shared the same residence with the victim; emphasises that the COVID-19 pandemic has highlighted the volume of gender-based violence experienced by women and girls across the EU, particularly in the form of domestic violence, resulting in an overwhelming need for support services for these victims;
Amendment 138 #
2021/2035(INL)
Motion for a resolution
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Reminds that according to Article 3(3), second subparagraph, TEU, “the EU shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between women and men, solidarity between generations and protection of the rights of the child”; and that pursuant to Article 5(2)TEU, “under the principle of conferral, the Union shall act only within the limits of the competences conferred upon it by the Member States in the Treaties to attain the objectives set out therein. Competences not conferred upon the Union in the Treaties remain with the Member States”;
Amendment 144 #
2021/2035(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Denounces femicide as the morest extreme form of gender-based violence against women and girls and a very severe violation of human rights;
Amendment 150 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women by men; underlindeeply rooted in structural inequalities in our society and are still shrouded in silence and continue to be one of the most severe violations of human rights; gender-based violence remains widespread and it has a huge impact on victims, their families, and communities; that thise situation is aggravated by social and economic inequalitiefurther exacerbated by gender biases, stereotypes and the continuous manifestation of historically unequal power relations;
Amendment 173 #
2021/2035(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Underlines the wide range of psychological impacts that gender-based violence has on victims, including stress, concentration problems, anxiety, panic attacks, low self-esteem, depression, post- traumatic stress disorder, lack of trust and of sense of control; recalls that gender- based violence also has a social and economic impact; underlines that the mental health impacts can include severe social consequences for the victims regarding, among others, their participation in the society, resulting in their inability to engage as a productive member of a society or fully exercise their rights as EU citizens, and highlights that provision of mental health services for victims of those crimes is often provided as well by NGOs and civil society actors;
Amendment 180 #
2021/2035(INL)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Highlights the detrimental economic impacts that gender-based violence and the subsequent mental health issues it causes, can have on victims, including their ability to seek employment and the financial burden imposed on them by taking legal action; taking into account therefore the estimated annual societal costs of gender- based violence (290 billion) exceeding the estimated annual costs of particularly serious crimes listed under art 83(1)1a; _________________ 1aEPRS interim European Added Values Assessment (EAVA) on gender-based violence, p.35
Amendment 194 #
2021/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTI+ rightsFirmly believes that the EU must make combating gender-based violence in all its forms a policy priority; denounces all movements that undermine this goal;
Amendment 208 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values of gender inequality; underlines the need for gender equality to have a central place in education which challenges gender stereotypes and supports the development of non-violent relationships, and the need for an EU-wide awareness-raising campaigns on gender stereotypes, which includes information targeted at educating our younger citizens about gender equality;
Amendment 232 #
2021/2035(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls on the Commission and the Member States to improve the regular availability and comparability of quality, disaggregated data on all forms of gender- based violence at EU and national level and for the harmonisation of data collection systems among Member States, through cooperation with Eurostat, the European Union Agency for Fundamental Rights and the European Institute for Gender Equality; believes that quality data will be essential for clear and measurable targets in the elimination of gender-based violence;
Amendment 238 #
2021/2035(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the need for targeted policies to address the situation of survivorsvictims of gender-based violence who experience intersectional forms of discrimination, such as women refugees, asylum seekers and migrants, indigenous women, racialised women, women from religious and ethnic minorities, lesbian, bisexual and trans women, elderly women and women wibased on several personal characteristics such as race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth, sexual orientation, gender identity, age, state of health, disabilitiey, marital status, migrant or refugee status, or other status;
Amendment 248 #
2021/2035(INL)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Is deeply worried about the nature, extent and gravity of gender-based violence and harassment in the workplaces; welcomes in this regard the recently adopted ILO Convention 190 on violence and harassment in the world of work and calls on the Member States to ratify and implement it without delay; calls also on the Commission and the Member States to adequately complete the existing framework for effective measures to prohibit violence and harassment in the workplace, as well as preventive measures, effective access to gender- responsive, safe and effective complaint and dispute resolution mechanisms, training and awareness-raising campaigns, psychological support services and remedies;
Amendment 252 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that violationEncourages the Commission to promote regular exchanges of good practices between member states and stakeholders ofn sexual and reproductive rights are a form of violence against women and girlshealth rights, within its proposals for additional measures to prevent and combat forms of gender-based violence;
Amendment 274 #
2021/2035(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes that the Commission must address the particular situation of migrant women’s protection againstmigrant women are particularly vulnerable to gender-based violence, and; recalls that under Directive 2012/29/EU of the European Parliament and of the Council6 access toall victims of gender- based violence deserve to receive appropriate protecinformation, support services and effective remedies must be available to all victims of gender-based violence, independent ofand protection and are able to participate in criminal proceedings, and that all rights must apply in a non-discriminatory manner, including with respect to their residence status5a; _________________ 65aas set out in Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 287 #
2021/2035(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls on Member States to take all necessary measures to promote and ensure the protection of women and girls in all their diversity and all survivorvictims of gender- based violence against all forms of violence;
Amendment 293 #
2021/2035(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines the obligation on Member States to ensure that there is support and services for survivorvictims of gender- based violence; recalls the importance, in that context, of support to independent civil society and women’s shelter organisations in particular with regards to the provision of essential psychological and legal consultation supports;
Amendment 312 #
2021/2035(INL)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls on the Member States to improve the resources and training of practitioners, law enforcement officers and all professionals dealing with victims of gender-based violence; calls on Members States to ensure that victims have the right to state-funded legal aid before and during legal proceedings;
Amendment 322 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a particularly 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 and anti-women movements, which are well organised and have a cross-border naturewith profound impact on individual fundamental rights and freedoms as well as on the population which needs to be addressed with greater efficiency and determination; stresses the cross-border dimension of gender-based violence, directly stemming from the impact of this offence across the Member States, as well as from the need of a common action at EU level; considers that the great individual, economic and societal impacts across all Member States, taking into account the estimation of the societal cost of 290 billion euros of gender-based violence, reaffirms the need to combat gender-based violence in its multiple dimensions on a common EU basis;
Amendment 336 #
2021/2035(INL)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Strongly advocates for all EU Member States and for the EU to ratify the Istanbul Convention; regrets that six Member States have yet to do so; emphasises that both an EU-wide accession to this Convention together with the parallel recognition of gender-based violence under the TFEU are needed in order to adequately address the problem;
Amendment 347 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions, thus contributing to law enforcement in cross border operations;
Amendment 364 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
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 survivorvictims; combating all forms of gender-based violence, including violations of women’s sexual and reproductive health and rights; and minimum standards for law enforcement; and minimum standards for law enforcement, cooperation among Member States and the exchange of best practices, information and expertise; stresses that this new directive shall be complementary to existing and upcoming legislative and non-legislative measures in order to achieve a coherent EU action in gender equality, as well as an eventual ratification of the Istanbul Convention; believes that the implementation of these measures could be facilitated by the national equality bodies;
Amendment 373 #
2021/2035(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 387 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 5
Annex I – Recital 5
(5) Gender-based violence is violence directed against women because they are women and it affects women disproportionately. LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics. Gender- based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries stereotypes are a root cause of gender inequality and affect all areas of society.
Amendment 390 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 7
Annex I – Recital 7
(7) Gender-based violence constitutes a violation of fundamental rights such as the right to security and the rights to life and to physical integrity, human dignity, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour, respect for private and family life enshrined in Articles 61, 2 and 3, 3, 4, 5, 6, 7 of the Charter, respectively.
Amendment 48 #
2021/2025(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas according to the 2021 World Press Freedom Index the worrisome developments aimed at stifling free speech and press freedom set a bad example within the EU and EU accession candidates;
Amendment 51 #
2021/2025(INI)
Motion for a resolution
Recital F e (new)
Recital F e (new)
F e. whereas several Member States‘ positions in international press freedom rankings have declined; whereas according to the 2021 World Press Freedom Index Europe continues to be the most favourable continent for press freedom but violence against journalists has increased, and the mechanisms the European Union established to protect fundamental freedoms do not have sufficient effect in some cases;
Amendment 52 #
2021/2025(INI)
Motion for a resolution
Recital F c (new)
Recital F c (new)
F c. whereas the threats to media freedom include harassment and attacks aimed at journalists, disregard of journalists' legal protection as well as media capture or politically motivated actions in the media sector;
Amendment 53 #
2021/2025(INI)
Motion for a resolution
Recital F d (new)
Recital F d (new)
F d. whereas it is necessary to strengthen and streamline existing mechanisms and develop an effective mechanism to ensure that the principles and values enshrined in the Treaties are upheld throughout the Union;
Amendment 145 #
2021/2025(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Is concerned by the rise of illiberal tendencies as well as corruption; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 170 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence and freedom from political interference; highlights the need to ensure financial independence and conditions for sustainable activity by private media operators to avoid political capture of the media;
Amendment 100 #
2021/2011(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is concerned that recovery plans do not sufficientlyAsks the Commission to make sure that national resilience and recovery plans under "Next Generation EU" tackle the challenges linked to CRM supply;
Amendment 217 #
2021/2011(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Calls on the Commission and the Member States to make sure that sustainable CRM sourcing is not made impossible in general by other provisions and that compromises are being found which reflect both the EU's increased need for sustainable sourced CRMs and the need for nature and biodiversity protection;
Amendment 228 #
Amendment 244 #
2021/2011(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Reiterates its call in its resolution of 25 March 2021 on a new EU-Africa Strategy – a partnership for sustainable and inclusive development8 for fair and sustainable exploitation of CRMs in Africa, which; notes that raw materials account for 49 % of EU imports from Africa, and; further notes that South Africa provides 71% of the EU's supply of platinum and an even higher share of iridium, rhodium and ruthenium, Guinea provides 64% of the EU's supply for bauxite and the Democratic Republic of Congo provides 68% of the EU's need for cobalt; supports the Commission in its endeavours to conclude new CRM partnerships with African countries; _________________ 8 Texts adopted, P9_TA(2021)0108.
Amendment 5 #
2020/2217(INI)
Motion for a resolution
Citation 29 a (new)
Citation 29 a (new)
- having regard to the Joint Declaration of Member States on Building the next generation cloud for businesses and the public sector in the EU, 2020
Amendment 8 #
2020/2217(INI)
Motion for a resolution
Citation 29 b (new)
Citation 29 b (new)
- having regard to the Final report prepared by the High-Level Expert Group on Business-to-Government Data Sharing, 2020
Amendment 13 #
2020/2217(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas digitalisation is not only an economic opportunity but also enhances security, geopolitical resilience and strategic relevance of the Union;
Amendment 24 #
2020/2217(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Amendment 32 #
2020/2217(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the Union must urgently take action to reap the benefits of data by building an competitive, innovation- friendly, ethically sustainable, human- centric, trustworthy and secure data society and economy that respects human rights and democracy;
Amendment 40 #
2020/2217(INI)
Motion for a resolution
Recital D
Recital D
D. whereas all uses of personal data should be consistent with the General Data Protection Regulation and the e-Privacy Directive; and whereas there are non personal or public sector data respectively consistent with Regulation on Free Flow of non-personal Data and Open Data Directive;
Amendment 63 #
2020/2217(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication entitled ‘A European strategy for data’; believes that it is a prerequisite for the viability of European industries and nascent AI, and a vital step towards a democratic data society, which will bring better services, growth and jobs; underlines the importance to avoid protectionism and to allow access to data spaces to non-EU stakeholders, strictly complying with EU privacy, data protection, cybersecurity standards and rules;
Amendment 70 #
2020/2217(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Believes that the free flow of data across borders is critical to seize all the potential of the data economy and stresses that preserving the flow of data must remain a foundation of Europe’s values and objectives;
Amendment 74 #
2020/2217(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the COVID-19 crisis highlights the role of real-time data sharing and the need for interoperability of solutions across Member States; stresses the need to accelerate the establishment of sectoral data spaces, as well as the deployment of data infrastructures, tools and computing capacity, in particular Common European Health Data Space by supporting the development of national electronic health records and interoperability of health data;
Amendment 100 #
2020/2217(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Believes that achieving the goals of the Data Strategy shall not create market distortions within the Union; underlines that future legislation must be designed to facilitate technological development, innovation, data access, interoperability and data portability;
Amendment 109 #
2020/2217(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that a well-built data society benefits all, empowers workers, start-ups and SMEs, creates quality employment, facilitates economic growth and innovation, instead of lowering their working conditions, and does not lead to inequality or digital gaps;
Amendment 114 #
2020/2217(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that the increasing volume, development, storage and processing of industrial and public data in the Union is a source of growth and innovation that should be tapped; believes that this growth can be enhanced via a level playing field and strong multi-player fair market economy, which fully respects the technological-neutrality principle;
Amendment 119 #
2020/2217(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Highlights the role of European start-ups, SMEs in creation of economic growth and jobs, as well as the current market imbalances in access to data;
Amendment 123 #
2020/2217(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses that the Union’s data strategy must support economic growth, innovation sustainability, the Green Deal and Union’s climate targets, as well as the resilient recovery of the European economy;
Amendment 129 #
2020/2217(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Urges the Commission to perform in advance an in-depth evaluation and mapping of the existing legislation covering data sharing aspects; assess if adjustments or additional requirements are needed to support the European data economy and safeguard fair competition for all affected actors, while avoiding legal overlaps with existing and new legislation on the EU Data Strategy;
Amendment 134 #
2020/2217(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Notes that European companies operating in some third countries are increasingly faced with unjustified barriers and digital restrictions; welcomes the Commission’s commitment to address, in bilateral discussions and international fora, including the WTO, and in EU Trade Policy, unjustified obstacles to international data flows;
Amendment 136 #
2020/2217(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Supports the creation of a data governance framework for common European data spaces, covering interoperability, sharing, access and portability of data, to enhance the flow and reuse of industrial and public data; stresses that data portability principle should take into account differences in IT providers' infrastructures and practices, enabling users to port their data, noting that infrastructure and practises might change from one provider to another;
Amendment 151 #
2020/2217(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Insists that the data governance model must be built on a decentralised data operating environment accessible to all market participants, both commercial and non-commercial, including start-ups and SMEs, enabling an ecosystem where data can be accessed and used in a trusted, safe and secure environment; insists that cybersecurity standards shall be coordinated with EU ENISA and the EU Cybersecurity Competence Centre;
Amendment 158 #
2020/2217(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for the creation of a Commission-led body that would setHigh Level Expert Group that helps the set up of common Union- wide guidelines on data governance; calls for citizens, civil society, public bodies and businesses to be adequately represented in the governance of data spaces; stresses the importance of coordination of all regulators involved in the data economy;
Amendment 163 #
2020/2217(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Urges the Commission and Member States to build interoperable sectoral data spaces that follow common guidelines and data sharing protocols, in order to avoid creating silos and preventing cross-sectoral innovations;
Amendment 169 #
2020/2217(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Encourages the Commission to use data spaces to enhance trust, create common market-led standards and build well-formed application programming interfaces (APIs), and to consider using pre-agreed sandboxes to test innovationlong with robust authentification mechanism, and to use pre-agreed sandboxes to test innovations; calls the Commission to present a guidance for data usage procedures in order to increase the legal certainty for private and public actors of all sizes;
Amendment 178 #
2020/2217(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes the need to help private and public sector actors, especially SMEs and Start-ups, to identify the data they possess and catalogue and increase the findability of data to fuel data spaces, as well as to facilitate data cleansing routines; calls on the Commission to fund initiatives to improve the findability of metadata within data spaces;
Amendment 183 #
2020/2217(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes the Commission’s plans for intermediator labelling/certification for creation of interoperable data ecosystems and markets;
Amendment 186 #
2020/2217(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Recalls that personal and industrial data are not always separable; urges the Commission to define guidance on and practices in the utilisation of mixed data sets in industrial environments while guaranteeing privacy rules for personal dataadhere to the Guidance provided on the Regulation (EU) 2018/1807; calls on the Commission to consider creating a horizontal and cross- cutting personal data space alongside other data spaces to address the challenge of mixed data sets and empower citizens via, for example, trustworthy intermediators such as MyData operators, which store data with the consent of the owners; stresses the difference between data intermediaries and data brokers, whereas the latter has as a business model selling data for profit; calls on the Commission to encourage Member States to verify compliance of data brokers with the privacy, data protection and cybersecurity rules of the EU and support them with the necessary resources if needed;
Amendment 197 #
2020/2217(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Urges the Commission to present a data act to encourage and enable an increasing B2B, B2G, G2B and G2G flow of data in all sectors; stresses that often public-sector data is not in machine- readable formats; encourages the Commission to coordinate with the Member States the facilitation of sharing non-sensitive public sector-generated data sets for free, whenever possible, and in machine-readable formats, and give guidance on a common model for sharing of sensitive and non-sensitive data in accordance with the GDPR requirements;
Amendment 201 #
2020/2217(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Underlines that competitive access to data is of outmost importance for the development of Artificial Intelligence; stresses that businesses and researchers should be given greater freedom to use data, with less regulatory interference, especially when the AI application for which the data is used does not entail high risks;
Amendment 203 #
2020/2217(INI)
Motion for a resolution
Paragraph 15 b (new)
Paragraph 15 b (new)
Amendment 205 #
2020/2217(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Encourages the Commission and Member States to facilitate voluntary data sharing schemes, through inter alia incentivising companies via fair compensation, best practices, tax incentives, public recognition programmes; encourages the Commission to work on collaborative approaches for sharing data and standardized data agreements, to enhance predictability and trustworthiness; stresses the importance of setting clear rules for fair competition and no free-riding in the future Data Act, intellectual property rights protection, clear rules on ownership regarding rights and obligations; compulsory data sharing schemes shall be proactive, on a case by case basis and limited in time and scope, and based on clear rules to avoid unfair competition;
Amendment 212 #
2020/2217(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Stresses that access to data does not preclude privacy; calls on the Commission to promote the use of privacy enhancing or privacy-preserving technologies, such as differential privacy, homomorphic encryption, federated machine learning, pseudonomysation and generalisation;
Amendment 224 #
2020/2217(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on the Commission to examine actors’ rights and obligations to access data they have been involved in generating;
Amendment 245 #
2020/2217(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reminds the Commission and the Member States to respecfully implement Open Data Directive objectives in word and spirit when negotiating the implementing act on high-value data sets; calls for these data sets to include inter alia a list of company and business registers, while preserving the flexibility for its update; calls on the Commission to provide a better link between those high-value data sets and the common data spaces within the forthcoming data legislation;
Amendment 253 #
2020/2217(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Encourages the Commission to examine the potential of open standards in order to achieve interoperability within and across the data spaces;
Amendment 256 #
2020/2217(INI)
Motion for a resolution
Paragraph 22 b (new)
Paragraph 22 b (new)
22 b. Calls on the Commission to examine opportunities for data curation at scale;
Amendment 263 #
2020/2217(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls on the Commission and the Member States, in order to strengthen the Union’s technological sovereignty, to promote research and innovation work on technologies that facilitate data sharing and analytics, and to invest in capacity building and high-impact projects to promote research, innovation and the deployment of digital technologies;
Amendment 273 #
2020/2217(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls that the success of the Union’s data and AI strategies depends on the wider ICT ecosystem, closing the digital gap, developing the IoT, fibre, 5G, 6G, quantum, edge computing, block chain and high-performance computing; underscores the importance of the Digital Europe Programme and the Horizon Europe programme, including the earmarking for quantum computing;
Amendment 286 #
2020/2217(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Calls on the Commission and Member States to promote competitive markets to support the development of European cloud offerings, e.g. Gaia-x;
Amendment 299 #
2020/2217(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Calls on the Commission to develop a ‘cloud rule book’ that will inter alia oblige service providers to reveal where data is processed and stored and ensure users have sovereignty over their data;
Amendment 300 #
2020/2217(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26 a. Calls on the Commission and Member States to further accelerate the technological developments of IoT and edge computing, while supporting the convergence of technologies such as AI, digital twins, DLTs and intelligent connectivity at the edge, e.g. via large- scale open edge IoT projects;
Amendment 303 #
2020/2217(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Emphasises the importance of trust and cybersecurity for a stable data economy, as well as the importance of state-of-the-art underlying digital infrastructure; urges the Commission to present solutions that are suited to market players of all sizes; calls on the Commission to provide opportunities for conducting abusability and vulnerability audits of the infrastructure for data sharing;
Amendment 332 #
2020/2217(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Calls for public and private funding for SMEs to fully capitalise on data economy’s potential;micro-, small and medium-sized enterprises to fully capitalise on the potential of the data economy
Amendment 339 #
2020/2217(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on social partners to explore the potential of digitalisation, data and AI to increase productivity, improve well- being of the workforce and invest in upskilling; and proactively involve in awareness raising campaigns;
Amendment 360 #
2020/2217(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Stresses the importance of cross- border data flows for growth and innovation; Calls for the free flow of data between the Union and third countries to be permitted when privacy, security and other legitimate public policy interests are met; calls on the Commission to negotiate new rules for the global digital economy, including the prohibition of unjustified data localisation requirements; calls on the Commission to explore the possibilities to facilitate data flows with strategically important third countries;
Amendment 3 #
2020/2216(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that European leadership can be a reality; establishes the ambition to make the EU a world leader in digital innovation and Artificial Intelligence (AI) development; notes that a second wave of digitalisation lies ahead; underlines that a common EU approach can make Europe the most innovative region in the world by 2030; highlights that digital transformation encompasses all policy areas and is boundless by nature; emphasizes that AI deployment by European industries is key to economic growth and innovations, enhances security and resilience, and strengthens the geopolitical and strategic relevance of the EU;
Amendment 11 #
2020/2216(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Emphasizes that out of the three key objectives defined in the Communication on Shaping Europe’s Digital Future, digital competitiveness and economic growth are irreplaceable prerequisites for building an open, democratic, and sustainable society, powered by technology that works for people;
Amendment 13 #
2020/2216(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Calls on the Commission to adopt a balanced approach, based on the principle of subsidiary, technology- neutrality, and thorough impact assessments, when it presents the multitude of legislative and other initiatives outlined in the Communication on Shaping Europe’s Digital Future;
Amendment 16 #
2020/2216(INI)
1 c. Emphasizes that European data and AI regulation should aim to build a borderless digital single market and a competitive, innovation-friendly, human- centric, trustworthy and secure data society and economy, which supports the development and deployment of AI, access to data, interoperability, and data portability; highlights the importance of right to privacy, civil liberties, protection of individuals with regard to the processing of personal data and information, and cyber security;
Amendment 19 #
2020/2216(INI)
Draft opinion
Paragraph 1 d (new)
Paragraph 1 d (new)
1 d. Reminds the Commission of its commitments to one-in-one-out principle and reducing regulatory burden; notes that the future legislative proposals need to address both fragmentation of the Digital Single Market as well as the amount of red tape and regulatory uncertainty currently faced by European industry and innovators; highlights the importance of clear market approval processes and European wide market access policies;
Amendment 21 #
2020/2216(INI)
Draft opinion
Paragraph 1 e (new)
Paragraph 1 e (new)
Amendment 25 #
2020/2216(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recognises that the EU has an enormously strong SME sector; notes that the successful digital transformation of European SMEs is vital for economic growth, job-creation, and social cohesion; recalls that this second wagve of digitalisation could lead to a strong industrial development of SMEs; calls for a goal of 500 digital unicorns within 10 yeacomprehensive measures, such as access to finance, introduction of the EU Start- up Visa, and reduction of regulatory burden, to better facilitate the growth of digital unicorns in Europe; notes that these measures should be developed in constant dialogue with relevant stakeholders;
Amendment 39 #
2020/2216(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that the COVID crisis provides an opportunity to speed up digitalisation; calls for financial incentives for SMEs that want to enter new marketpublic-private partnerships and financial incentives for innovative digital SMEs, mid-caps, and start-ups that want to enter new markets; calls for the reinforcement of and clearer strategy for the European Digital Innovation Hubs in order to help widespread uptake of new technologies by SMEs; recognizes the potential of intermediaries in the SME ecosystem, such as accountants, chambers of commerce and insurance experts, in helping to foster the digital transition of SMEs;
Amendment 47 #
2020/2216(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Highlights that current market imbalances between gatekeeper platforms and SMEs and limited access to data continue to pose challenges to European SMEs; emphasizes the need to enhance SME access to data; calls for enabling approach to data sharing practices on predominantly voluntary basis, including the provision of incentives to enable data sharing;
Amendment 48 #
2020/2216(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Notes that investing in High- Performance Computing (HPC) is crucial to reap the full potential of AI and other emerging technologies; highlights the role of connectivity, especially gigabit connectivity powered by 5G and fibre infrastructures, as a vital building block for a competitive digital society; calls for bridging the connectivity investment gap through Next Generation EU, as well as national and private funding, in order to complement the insufficient EU investments deployed in the 2021-2027 Multiannual Financial Framework (MFF);
Amendment 50 #
2020/2216(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Stresses that the deployment of very high capacity networks such as 5G will open new ways of working in areas such as manufacturing, transport, automotive and healthcare, allowing for both increased productivity and completely new user experiences; notes that very high capacity networks will allow Europe to take a quantitative leap benefiting an entire ecosystem of technologies, such as virtualization, cloud computing, edge computing, artificial intelligence, machine learning, network slicing, and automation;
Amendment 53 #
2020/2216(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 60 #
2020/2216(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 68 #
2020/2216(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Demands Highlights the lack of European vend to the exodus of start-ups that do not receive follow-up- funding ture capital funding, the disproportionately large role of public entities in the funding that currently exists, and the significant differences in start-up ecosystems and available financing between Member States; calls for a comprehensive European approach, based on competitive taxation and investor-friendly regulation, to ensure access to finance for promising Europe but find it elsewherean start-ups in all growth stages;
Amendment 75 #
2020/2216(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for massive investment in clusters of excellence; calls on the Commission and Member States to facilitate European excellence in AI research and development by increasing research investments and facilitating additional cooperation between innovative companies, higher education, and research institutions; recognises that sharing and reusing AI application components increases use and uptake of AI solutions;
Amendment 78 #
2020/2216(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Emphasizes the need to allow comprehensive research into all AI applications and technologies; calls for legislative solutions, such as regulatory sandboxes with a path to scale up for successful pilots, that will ensure the right of both public and private institutions to research and develop AI for potentially high-risk use cases;
Amendment 80 #
2020/2216(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Highlights the importance of fundamental research into the foundations of AI; notes that current commercial AI applications are based on research that was initiated decades earlier;
Amendment 83 #
2020/2216(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Demands measures to end toaddress the brain drain and attract the best minds to the EU without prejudice to the national labour market systems and the competencies of the social partners;
Amendment 90 #
2020/2216(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Stresses that Europe’s growth potential will be determined by the digital skills of its population and businesses; takes note of the skills gap currently visible in the European job market and the need bridge this gap through upskilling and reskilling; calls for increased focus on reskilling and upskilling of digital skills and competences in national education systems;
Amendment 92 #
2020/2216(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls for a whole-of-society approach towards cybersecurity; highlights that new approaches to cybersecurity should be designed based on resilience and adaptability to stresses and attacks; emphasizes the role for cybersecurity as a framework where everything from system design and usability to the education and training of citizens must work in tandem; emphasizes the need to include cybersecurity elements in all sectorial policies;
Amendment 95 #
2020/2216(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Fully supports the Commission’s aim to increase the number of women in tech;
Amendment 100 #
2020/2216(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Recognises that AI deployment is key to European competitiveness in the digital era; highlights that to facilitate the uptake of AI in Europe, a common European approach is needed to avoid internal market fragmentbased on a human- centric approach to AI, transparency and clear liability rules is needed to avoid internal market fragmentation; highlights the potential for European added value and the current cost of non-Europe in the field of AI and digital regulation;
Amendment 112 #
2020/2216(INI)
Draft opinion
Paragraph 10
Paragraph 10
10. Considers that access to bihigh quality training data is key for the development of AI; calls for a new approach to data regulationstresses that businesses and researchers should be given greater freedom to use data, with less regulatory interference; calls for a new approach to data regulation; that gives higher priority to innovation and competitiveness by giving businesses greater freedom to the use of data when it is not considered to be high risk, along with clear and balanced rules on IPR and protection of business secrets;
Amendment 132 #
2020/2216(INI)
Draft opinion
Paragraph 11
Paragraph 11
11. Warns against overregulating AI; recalls that regulation must be balanced, agile, permanently evaluated, and based on soft regulation except for high-risk areas; calls for a regulatory approach that is not based on a snapshot of what technological development looks like at the moment, but strives for the rules to be applicable to future technological breakthroughs and phenomena; calls for all AI regulation to be technology-neutral and proportionate;
Amendment 136 #
2020/2216(INI)
Draft opinion
Paragraph 11 a (new)
Paragraph 11 a (new)
11 a. Reminds that AI and other digital technologies are always developed in an international context; notes that unclear and fragmented regulation will drive innovative companies to develop their products and services outside of Europe; underlines the importance of free flow of data across borders; supports the Commission’s aim to address unjustified obstacles to international data flows as well as the restrictions European companies are facing in third countries;
Amendment 145 #
2020/2216(INI)
Draft opinion
Paragraph 12
Paragraph 12
Amendment 3 #
2020/2132(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. BelieveRecalls that the Commission’s use of its right has a near monopoly ofn legislative initiative has been neither constructive nor productive in recent years; believess, and that the samse shoulds true of the frequent use of recast procedures and the lack of respect the principles of proportionality, subsidiarity and better law-making and be accompanied by a proper impact assessment;
Amendment 8 #
2020/2132(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Regrets that the European Parliament, as a democratically elected body, does not have the formal right of legislative initiative like national parliaments; Strongly recommends therefore makingto strengthen and to make further use of Parliament’s powers under the Treaties and for a Treaty revision to be considered to give Parliament an enhanced direct right of legislative initiative, as it directly represents the European peoplecitizens and not just national interests, which need to be counter- balanced; deplorstresses the fact that this possibility has been regularly deferred to a future Treaty revision;
Amendment 13 #
2020/2132(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Notes that Treaty revision is a lengthy process; strongly recommends therefore that in the meantime the European Parliament explores all other options to enhance its right to initiate legislation;
Amendment 14 #
2020/2132(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Considers that it is worth exploring the possibility to amend the 2010 Framework Agreement on the relations between the European Parliament and the Commission1a and the 2016 Interinstitutional Agreement between the European Parliament, the Council and the Commission on better law-making1b in order to strengthen the European Parliament’s powers to influence the European agenda-setting; _________________ 1ahttps://eur-lex.europa.eu/legal- content/en/TXT/?uri=CELEX%3A32010 Q1120%2801%29 1bhttps://eur-lex.europa.eu/legal- content/EN/TXT/?uri=CELEX%3A32016 Q0512%2801%29
Amendment 15 #
2020/2132(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
Amendment 16 #
2020/2132(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2 d. Believes that the Conference on the Future of Europe provides the right opportunity to discuss with civil society the powers of the European Parliament;
Amendment 20 #
2020/2132(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses that the European Council has a de facto right of initiative when defining the strategic guidelines for legislative planning within the area of freedom, security and justice in accordance with Article 68 TFEU, which does not constitute a level playing field between Parliament and the Council; underlines moreover the early influence by the Member States via their participation in numerous Commission advisory bodies;
Amendment 23 #
2020/2132(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Considers it dDeeply regrettables that only one-third of Parliament’s legislative and non- legislative initiative procedures can be considered successful, and that most legislative initiative (INL) reports adopted since 2011 did not result in a positive reply from the Commission1 ; considers it regrettable also that theconcrete legislative proposal as follow-up by the Commission1 ; regrets that the three months deadlines for the Commission to react to parliamentary resolutions and to come forward with legislative proposals have consistently not been respected; expects the Commission’s response to and implementation of an INL report to be automatic, as pledged by the current Commissionfully in line with Article 225 TFEU, with the 2010 Framework Agreement and the 2016 Interinstitutional Agreement on better law-making; _________________ 1 ‘The European Parliament’s right of initiative’, Andreas Maurer, University of Innsbruck, Jean Monnet Chair for European Integration Studies and Michael C. Wolf, University of Innsbruck, July 2020, p. 55 and 57.
Amendment 28 #
2020/2132(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that Article 225 TFEU and the Interinstitutional Agreement on Better Law-making requires the Commission to give detailed reasons for not following-up on the European Parliament’s request to legislate; considers that the validity of the Commission’s reasons for not following- up with a concrete legislative proposal to a Parliament INL report are subject to interpretation and Parliament should reserve its right to take action under Article 265 TFEU when it considers it necessary;
Amendment 29 #
2020/2132(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Believes that INL reports should be accompanied by impact assessments whenever possible and drafted as clearly as possible;
Amendment 32 #
2020/2132(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Condemns the consistent lack of properRecalls the 2016 legislative initiative on the EU mechanism on democracy, the rule of law and fundamental rights1a; regrets the insufficient response to Parliament’s initiative on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights; recalls the 2020 resolution on the establishment of an EU mechanism on democracy, the rule of law and fundamental rights1b; reiterates its call on the Commission and the Council to enter without delay into negotiations with Parliament on the interinstitutional agreement; _________________ 1a https://www.europarl.europa.eu/doceo/doc ument/TA-8-2016-0409_EN.pdf 1b https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0251_EN.pdf
Amendment 9 #
2020/2129(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that globalisation has created interdependencies between societies, where any product results from complex transnational supply and value chains and where decisions taken by European firms impact on peoples’ ability to enjoy human rights and fundamental freedoms worldwide;
Amendment 11 #
2020/2129(INL)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Notes that the OECD has shown that companies which took proactive steps to address the risks related to the COVID- 19 crisis in a way that mitigates adverse impacts on workers and supply chains, integrate a more long-term value and resilience, improving their viability in the short term and their prospects for recovery in the medium to long term;
Amendment 14 #
2020/2129(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Regretcalls that many businesses’ decisions are primarily guided by lower costs and higher profits with inadequate consideration of adversein any market economy companies are driven by the motivation of making a profit, meaning reaching a situation where total revenues outnumber total costs, which is the basis for their capacity to employ staff and pay out decent salaries, which in return also permits state authorities to collect taxes, and hence the gathering of an economic profit can be seen as the origin of our social market economy, social wealth and economic progress; notes however that business decisions of certain companies may not pay adequate attention to the long-term costs of their short-term profit gathering, such as working conditions and environmental standards, which can impacts on human rights and the environment down their global value chains, while severeas human rights violations often occur at primary production level, in particular when sourcing raw material and manufacturing products;
Amendment 21 #
2020/2129(INL)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recognises that the European citizens, as active consumers in the European internal market, are increasingly demanding that companies actively take into account the full spectrum of their economic activities and pursue an effective policy of corporate social responsibility (CSR), and notes that increasingly more consumers make their decision on purchase of products or services from companies based on their CSR record and sustainability criteria;
Amendment 23 #
2020/2129(INL)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Welcomes the fact that more and more companies are integrating due diligence and corporate social responsibility as integral parts of their business decisions and underlines that such an approach is not only morally appropriate but ultimately also is a more economical long-term approach;
Amendment 24 #
2020/2129(INL)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes that as a result of changed business models and increased public scrutiny, the human rights situations of certain workers has significantly improved; underlines, however, that much needs to be done;
Amendment 25 #
2020/2129(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Is gravely concerned by the persistent exploitation and degradation of human beings through forced labour systems affecting 25 million people and from which the private economy extracted profits of 150 billion dollars globally in 2019; Notes with concern that there are currently s; points in this light also to the unacceptable situation of child labour, which according to UN sources affects millions of children below the age of 18 around the world; points to the special responsibility of compan iestimated 152 million children in child labour, 72 million of whom work in hazardous conditions to protect in particular children and prevent any form of child labour;
Amendment 29 #
2020/2129(INL)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 31 #
2020/2129(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the rights to an effective remedy and fair trial are basic human rights enshrined in Article 8 of the Universal Declaration of Human Rights (UDHR), Article 2(3) of the International Covenant on Civil and Political Rights (ICCPR), as well as in Articles 6 and 13 of the ECHR and Article 47 of the Charter; stresses that the Union, as part of its commitment to promote, protect and fulfil human rights worldwide, mustshould help to promote the rights of victims of business- related human rights violations and abuses that amount to criminal offences in third countries, in line with Directives 2011/36/EU1 , and 2012/29/EU2 of the European Parliament and of the Council; _________________ 1 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). 2 Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).
Amendment 42 #
2020/2129(INL)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Notes, that in 2014, the UNHRC adopted a resolution establishing an open- ended intergovernmental working group with the mandate to elaborate an international legally binding instrument on transnational corporations and other business enterprises, with respect to human rights;
Amendment 47 #
2020/2129(INL)
Draft opinion
Paragraph 10
Paragraph 10
10. Points out that corruption in the context of judicial proceedings can have a devastating effect on the lawful administration of justice and judicial integrity, and intrinsically violate the fundamental right to a fair trial, the right to due process and the victim’s right to effective redress; stresses that corruption generally leads tocan potentially lead to cases of systematic abuse of human rights in the business context, for example, by preventing individuals from accessing goods and services that states are obliged to provide to meet their human rights obligations, by encouraging wrongful acquisition or appropriation by businesses of land, or by granting licences or concessions to businesses in the extractive sector;
Amendment 53 #
2020/2129(INL)
Draft opinion
Paragraph 11
Paragraph 11
11. Regrets that despite attempts byWelcomes the attempts taken by a number of European companies to implement their corporate responsibility policies to respect human rights, and various polices and laws in place to encourage or require due diligence across different Member States, only 37% of businesses are currently undertaking due diligence in their supply chains and only 16% cover the entire value chain; stresses thatstresses that in order to advance the protection of human rights and prevention of business- related abuses and violations cannot be achieved with current policies and that binding Union legislation is necessary to bridge this gapa better legal framework is needed;
Amendment 57 #
2020/2129(INL)
Draft opinion
Paragraph 12
Paragraph 12
12. Notes that corporationdiverse groups of stakeholders, businesses and investors are calling for mandatory human rights due diligence legislation at Union level, to harmonise standards inside the EU single market, and secure a global level playing field and greater legal and business certainty;
Amendment 68 #
2020/2129(INL)
Draft opinion
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Recalls, however, that additional support to companies is needed in order to ensure that the implementation of any such new regulation does not lead to disproportionate obstacles and financial burden for companies;
Amendment 69 #
2020/2129(INL)
Draft opinion
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Underlines that special efforts must be taken to ensure that the rules for the European companies should ultimately also be implemented globally in order to avoid that new regulations simply lead to reduction of European activities without actually improving the human rights situation of workers, since the economic activities simply move to other markets with lower standards; stresses the importance of holding businesses and competitors worldwide to equal standards, in order not to put companies into competitive disadvantage for being responsible, while businesses with lower due diligence standards stand to benefit;
Amendment 71 #
2020/2129(INL)
Draft opinion
Paragraph 14
Paragraph 14
Amendment 79 #
2020/2129(INL)
Draft opinion
Paragraph 15
Paragraph 15
Amendment 86 #
2020/2129(INL)
Draft opinion
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the necessity of a single European harmonised legal framework, provided that currently there are a number of laws and standards at national levels that can create complexity, uncertainty and fragmentation, whereas a united approach can provide legal certainty and introduce clear course of action;
Amendment 87 #
2020/2129(INL)
Draft opinion
Paragraph 15 b (new)
Paragraph 15 b (new)
15b. Recommends that small, medium- sized and micro-enterprises should be covered by any future mandatory EU due diligence framework but that their diligence processes should follow a proportional approach that could take into account, amongst other elements, the sector of activity, the size of the undertaking, the context of its operations, the nature and the severity of risks in its value chain, its business model, its position in value chains and the nature of its products and services;
Amendment 97 #
2020/2129(INL)
Draft opinion
Paragraph 17
Paragraph 17
17. Recommends that Union mandatory due diligence legislation be adopted to require companies to identify and address their impacts with reference to all internationally recognisedfor the EU single market be adopted to ensure the full implementation of human rights including, as a minimum, those encompassed by the UDHR, all nine core international human rights treaties, the ILO Declaration on Fundamental Principles and Rights at Work and all fundamental ILO conventions, as well as the ECHR and ICESCR, which are binding on Council of Europe member states and also bind Member States as a result of Union law and the common constitutional traditions of the Member States;
Amendment 123 #
2020/2129(INL)
Draft opinion
Paragraph 25
Paragraph 25
25. Notes that some businesses are accused of profiting from or even complicity in war crimes and crimes against humanity due to their own activity or that of their business partners in conflict-affected areas or to their business relationships with state- or non-state actors involved in conflicts globally; Recommends that, in order to prevent substantial risks of grave human rights abuses and serious breaches of international law, the scope of due diligence under Union legislation be extended to breaches of international criminal law and international humanitarian law in which businesses may beare directly implicated;
Amendment 128 #
2020/2129(INL)
Draft opinion
Paragraph 26
Paragraph 26
26. Recommends that, requirements for corporate mandatory human rights and environmental due diligence should be grounded in the principle of corporate responsibility to respect human rights as articulated by the UNGPs; businesses should avoid infringing human rights and address adverse human rights impacts with which they are directly or indirectly connected, entailing in practice that they should have in place an embedded human rights policy, a human rights due diligence process and appropriate and adequate measures to facilitate access to effective remedies for business-related human rights abuses, including at company level, and other grievance mechanisms;
Amendment 140 #
2020/2129(INL)
Draft opinion
Paragraph 27
Paragraph 27
27. Is of the view that businesses have a responsibility to ensure that their activities do not undermine or harm the protection of human and environmental rights; insists they must not promote, participate or in any manner contribute to, or endorse policies and activities, which can lead to human rights violations; underlines that businesses must do everything possible, within their capacities, to prevent and mitigate the effect of adverse impacts;
Amendment 146 #
2020/2129(INL)
Draft opinion
Paragraph 28
Paragraph 28
28. Stresses that human rights impacts can be specific to certain rights holders and vulnerable groups due to intersecting factors such as gender, ethnicity, religion, social and employment status, migrant or refugee status, indigenous status, exposure to conflict or violence or other factors; this must be reflected in the due diligence processes, including the human rights impact assessment phase and remedy procedures;
Amendment 152 #
2020/2129(INL)
Draft opinion
Paragraph 29
Paragraph 29
29. Notes that the risk of business- related human rights adverse impacts does not always depend on the size of the company; iInsists that the scope of due diligence obligations must be based on the risk of adverse impacts and must be specific to the country and sector of activity; recalls that according to the UNGPs, three factors should be taken into account in assessing the severity of business impacts on human rights: the scale of the impact, the scope of the impact and whether the impact is irremediable;
Amendment 159 #
2020/2129(INL)
Draft opinion
Paragraph 30
Paragraph 30
30. Notes that human right risks are context-specific and that, to accurately assess human rights risks, prevent, mitigate and remedy adverse impacts, businesses should include in their analysis, in addition to information from employees, right-holders, affected communities and workers’ representatives,seek cooperation and information from reliable independent expert sources, for which transparency is key; stresses in this regard, the key role of national human rights institutions, NGOs human rights oversight bodies such as the United Nations, ILO and Council of Europe, OSCE supervisory mechanisms, and the European Union Agency for Fundamental Rights as relevant sources of information and reporting;
Amendment 171 #
2020/2129(INL)
Draft opinion
Paragraph 32
Paragraph 32
32. Notes that due diligence also necessitates measuring the effectiveness of processes and measures taken and communicating results, including periodicallwhen deemed necessary producing public evaluation reports, while fully complying with competition policy and the need to protect internal business know-how;
Amendment 173 #
2020/2129(INL)
Draft opinion
Paragraph 33
Paragraph 33
33. Stresses that transparency must be at the core and the overriding principle of the tracking, monitoring and assessment process and that external participation, oversight and verification are key elements for robust and meaningful corporate human rights due diligence and its evaluation; calls, accordingly, for Union due diligence legislation to require the publication of lists of companies within its scope, the publication of due diligence reports via online public repositories, and the identification of companies that comply or have failed to comply with due diligence obligations;
Amendment 176 #
2020/2129(INL)
Draft opinion
Paragraph 34
Paragraph 34
Amendment 182 #
2020/2129(INL)
Draft opinion
Paragraph 35
Paragraph 35
35. Notes that rights holders primarily affected by business-related human rights abuses often lack adequate access to information about their rights and about how they are given effect in domestic legislative systems, and have difficulty accessing state agencies and organisations concerned with protection and enforcement of their rights; recommends that the legislation encourage businesses to engage with all affected and potentially affected stakeholders, with their representatives, or both, including workers’ representatives, at all stages of the due diligence process, from development to monitoring and evaluation, in a timely and meaningful manner;
Amendment 195 #
2020/2129(INL)
37. Suggests that the companies establish effective alert mechanisms; through recourse to such mechanisms any interested party, including trade unions, consumers, journalists, civil society organisations, including faith-based organisations, as well as Churches and religious communities, lawyers, and human rights and environmental defenders, or members of the public, should be able to warntalk and potential send early warning signs to the company of adverse impacts and human rights violations;
Amendment 203 #
2020/2129(INL)
Draft opinion
Paragraph 42
Paragraph 42
42. Highlights the fact that, as recalled by the UNGPs, states and not companies have the duty to ensure, through judicial, administrative, legislative or other appropriate means, that those affected by business-related human rights abuses for which the company is directly responsible have access to an effective remedy; Recommends that the legislation makes specific reference to this obligation in line with the United Nations Basic Principles and Guidelines on the Rights to Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law;
Amendment 207 #
2020/2129(INL)
Draft opinion
Paragraph 43
Paragraph 43
43. Stresses that as part of due diligence, as required by the corporate responsibility to respect human rights, companies should put in place processes to enable the adverse human rights impacts they cause or to which they contribute to be remedied; accordingly, operational level grievance mechanisms should be legitimate, accessible, predictable, equitable, transparent, rights-compatible, based on engagement and dialogue and a source of continued learning as established in United Nations Guiding Principle 31; emphasises that such mechanisms should never be used to obstruct access to justice via state-based, judicial and non-judicial, grievance mechanismsvictims of human rights violations, environmental damage and corruption abuses they cause or to which they contribute to have access to an effective remedy action;
Amendment 213 #
2020/2129(INL)
44. Insists that access to evidence and time limitations can be major practical and procedural barriers faced by victims of human rights abuses in third countries, obstructing their access to effective legal remedies; stresses that that the burden of proof should be shifted from the victims to the company and that the legislation must require companies to disclose all necessary information for interested parties to engage in judicial proceedings and for victims to access remedies;
Amendment 223 #
2020/2129(INL)
Draft opinion
Paragraph 46
Paragraph 46
46. Recommends that the legislation establishes guidance regarding the elements of an effective, fair and equitable operational grievance mechanism, with a view to defining appropriate measures tofor prevent harmion, including providing adequate access to remedies;
Amendment 226 #
2020/2129(INL)
Draft opinion
Paragraph 46 a (new)
Paragraph 46 a (new)
46a. Stresses that if due diligence is implemented comprehensively, companies will in the long term benefit from better business conduct with focus on prevention rather than on remediation of harms;
Amendment 234 #
2020/2129(INL)
Draft opinion
Paragraph 48
Paragraph 48
48. Recommends that Union due diligence legislation could as a last resort, and only after steps aimed at mediation have not resulted in any improvement require Member States to determine effective, proportionate and dissuasive penalties and sanctions based on the severity and repetition of misconduct for non- compliance by companies with due diligence obligations, including in relation to the making of false or misleading statements;
Amendment 243 #
2020/2129(INL)
Draft opinion
Paragraph 51
Paragraph 51
51. Recommends thata discussion on whether the legislation should include criminal liability provisions for companies and directors and management that aretop level officials of companies that are directly held responsible in the event of severe violations of human rights.;
Amendment 21 #
2020/2081(INI)
Motion for a resolution
Citation 10 a (new)
Citation 10 a (new)
— having regard to the statement of the President of the European Parliament of 13 August and the leaders of the five political groups of 17 August on the situation in Belarus following the presidential election of 9 August,
Amendment 50 #
2020/2081(INI)
Motion for a resolution
Recital C
Recital C
Amendment 116 #
2020/2081(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Amendment 122 #
2020/2081(INI)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. whereas independent platforms established by civil society organisations of Belarus (such as Golos - Belarus2020.org) conducted independent exit polls and analysed protocols of more than 200 precinct electoral commissions, which released genuine results, that clearly point to the fact that Sviatlana Tsikhanouskaya received an absolute majority of votes (in the range of 71.1% to 97.6%);
Amendment 123 #
2020/2081(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Amendment 126 #
2020/2081(INI)
Motion for a resolution
Recital G d (new)
Recital G d (new)
Gd. whereas the Belarusian authorities did not comply with minimum international standards for a credible, transparent, free and fair presidential election process;
Amendment 128 #
2020/2081(INI)
Motion for a resolution
Recital G e (new)
Recital G e (new)
Ge. whereas peaceful protests expressing a desire for democratic change and freedom started already on the night of Sunday 9 August in Minsk and many other cities around the country, the scale of protests is unprecedented in the history of Belarus going into the hundreds of thousands;
Amendment 129 #
2020/2081(INI)
Motion for a resolution
Recital G f (new)
Recital G f (new)
Gf. whereas the authorities responded to peaceful protests with disproportionate brute force, heavy use of tear gas, batons, flash grenades and water cannons, several thousand protestors were detained, there have been reports of torture, rape, missing persons, several people have been found dead so far;
Amendment 131 #
2020/2081(INI)
Motion for a resolution
Recital G g (new)
Recital G g (new)
Gg. whereas Lukashenko and his regime have approved these criminal actions and pogroms by OMON of innocent people and whereas more than 7000 Belarusians were detained, more than 400 hospitalised, 5 confirmed dead and dozens still missing, while further arrests and harassment of activists, including journalists, are still taking place all over Belarus;
Amendment 133 #
2020/2081(INI)
Motion for a resolution
Recital G h (new)
Recital G h (new)
Gh. whereas the European Union and its Member States did not recognise the results of the presidential election due to substantial doubt about the fairness of the election, condemned the disproportionate, unacceptable use of force against peaceful protestors and supported the right of the people of Belarus to determine their future;
Amendment 135 #
2020/2081(INI)
Motion for a resolution
Recital G i (new)
Recital G i (new)
Amendment 186 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point c
Paragraph 1 – point c
Amendment 225 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) pay close attention to the fallout of the presidential election campaign and insist that a lack of progress innot conducting new elections in according toance with international standards and further crackdowns against the opposition will have direct adverse effects on relations with the EU;
Amendment 245 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point f
Paragraph 1 – point f
(f) insist that the upcoming constitutional reform is a crusupports the initiative of the Belarusian People's Coordination Councial opportunity to introduce genuine changes which would address the weaknesses of the current political system and enable the Belarusian people to participate more actively in political lifeto immediately reintroduce the Constitution of 1994, which can be done through a national referendum;
Amendment 262 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – subheading 1 a (new)
Paragraph 1 – subheading 1 a (new)
Post-election situation in Belarus
Amendment 263 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(ga) strongly support the decision to not recognise the election results as announced by the Belarusian Central Electoral Committee, not to recognise Alexander Lukashenko as president of the country once his current term of office expires; note that the current presidential term in Belarus ends at the latest on 5 November 2020 and after that date a position of the President of Belarus will be vacant. According to the article 81 of the Constitution of Belarus in this case new election of President has to be held not earlier than 30 days and not later than 70 days;
Amendment 269 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g b (new)
Paragraph 1 – point g b (new)
(gb) recommend to recognise Sviatlana Tsikhanouskaya as president elect by the people, until new elections have taken place;
Amendment 271 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g c (new)
Paragraph 1 – point g c (new)
Amendment 272 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g d (new)
Paragraph 1 – point g d (new)
(gd) recommend to recognise the Belarusian People's Coordination Council as the legitimate representative of the people demanding democratic change and freedom in Belarus;
Amendment 273 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g e (new)
Paragraph 1 – point g e (new)
(ge) welcome the efforts of the Belarusian People's Coordination Council for a peaceful and democratic transition of power as a result of an inclusive national dialogue;
Amendment 274 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g f (new)
Paragraph 1 – point g f (new)
(gf) urge to prepare a comprehensive review of its policy towards Belarus, taking into account different scenarios of developments in the country, that also include a substantially increased financial and technical commitment from the EU;
Amendment 275 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g g (new)
Paragraph 1 – point g g (new)
(gg) urge the EU to organise a donors conference for democratic Belarus, which would bring together international financial institutions, G-7 countries, EU member states and institutions, and others willing to pledge a multi-billion euro financial package to support the future reform efforts and restructuring of the economy;
Amendment 276 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g h (new)
Paragraph 1 – point g h (new)
(gh) call on the Russian Federation to refrain from any interference, covert or overt, in the peaceful democratic revolution in Belarus;
Amendment 277 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g i (new)
Paragraph 1 – point g i (new)
(gi) as long as the political situation in Belarus does not change reconsider any ongoing disbursements of the EU financial assistance and adjust it accordingly, so that it reaches the end- recipients and circumvents the authorities;
Amendment 278 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g j (new)
Paragraph 1 – point g j (new)
(gj) encourage Member States to facilitate and accelerate the procedure for obtaining visas for those who flee Belarus for political reasons;
Amendment 279 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g k (new)
Paragraph 1 – point g k (new)
(gk) call for a full EU/international investigation of crimes against the people of Belarus committed by law enforcement authorities of Lukashenko regime against peaceful protesters demanding transparent, free and fair Presidential elections, stopping current repressions and immediate release of all political prisoners in Belarus;
Amendment 280 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g l (new)
Paragraph 1 – point g l (new)
(gl) call to establish in the European Parliament an inquiry committee (or another proper body of the European Parliament) on the investigation of crimes committed in Belarus, which would periodically report on its findings to the plenary sessions of the European Parliament;
Amendment 281 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g m (new)
Paragraph 1 – point g m (new)
(gm) condemn the suppression of internet and media, road blockades, and intimidation of journalists in order to stop the flow of information about the situation in the country - the people have the right to access information; condemn the crackdown on international journalists and media limiting their ability to report on the democratic revolution in a free, fair and balanced way;
Amendment 282 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point g n (new)
Paragraph 1 – point g n (new)
(gn) propose to appoint an EU special representative for Belarus in order to support the process of a peaceful transition of power in accordance with the will of Belarusian people under the leadership of the president elect by the people and the Belarusian People's Coordination Council;
Amendment 314 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) demand for the immediate release of all those arbitrarily detained after participating in the democratic revolution protests following the falsified presidential election of 9 August; demand the authorities to provide all information on people who went missing in relation to their participation in the protests after 9 August;
Amendment 316 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point k b (new)
Paragraph 1 – point k b (new)
(kb) demand that all legal actions undertaken by the authorities against members of the Belarusian People's Coordination Council are dropped and all of them who are detained and arrested are freed;
Amendment 331 #
2020/2081(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
(la) demand that any spread of disinformation in Belarus concerning the EU and its Member States is vigilantly countered as well as any hybrid threats undertaken by third actors;
Amendment 7 #
2020/2077(INI)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 17 #
2020/2077(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 20 #
2020/2077(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Highlights that for the same period, the share of recycled waste grew (50-54 %) as did that of waste incinerated with energy recovery (12-18 %) and that landfilling decreased from 29 % to 24 %1a _________________ 1aEuropean Environment Agency (2019), “Paving the way for a circular economy: insights on status and potentials”, EEA Report 11/2019.
Amendment 22 #
2020/2077(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Underlines that the overall impacts of increased circular economy activity on EU GDP are positive and could increase by 0,3-0,5 %, in combination with the creation of 650.000-700.000jobs by 20301a; _________________ 1aEuropean Commission (2019), “Impacts of circular economy policies on the labour market”.
Amendment 23 #
2020/2077(INI)
1d. Welcomes the Commission’s new Circular Economy Action Plan, which, as an integral part of the European Green Deal, aims to support substantial greenhouse gas emissions reductions by 2030, contributes to achieving climate neutrality in 2050 and decoupling economic growth from resource use; stresses that the intention to review Directive 2009/125/EC and broadening its scope should not lead to any watering down of the results achieved in the field of energy efficiency and asks the Commission to explore the introduction of reusability targets;
Amendment 25 #
2020/2077(INI)
1e. Notes that the European Green Deal, as a new growth strategy for the EU, requires investment to fully support a clean and circular economy; highlights the essential role of sustainable active forest management for achieving climate neutrality by 2050 and in the Union’s circular bio-economy; emphasizes in this regard the synergies between the Circular Economy Action Plan and the Bioeconomy Action Plan; calls on the Commission to promote projects in the area of circular bio-base to strengthen regional economies;
Amendment 28 #
2020/2077(INI)
Draft opinion
Paragraph 1 f (new)
Paragraph 1 f (new)
1f. Indicates that a circular economy approach that would eliminate waste and keep assets, products and components in use while making productive and efficient use of resources could reduce global CO2 emissions from key industry materials like plastics, steel and cement by 40 %;
Amendment 30 #
2020/2077(INI)
Draft opinion
Paragraph 1 g (new)
Paragraph 1 g (new)
1g. Calls on the Commission to explore how its circular economy strategy, by going hand in hand with its New Industrial Strategy for Europe, could contribute to (1) preventing and eliminating waste generation across value chains and in the design of products, and (2) keep products and materials in use by increasing their utilisation and recyclability, as well as extending their lifetime;
Amendment 32 #
2020/2077(INI)
Draft opinion
Paragraph 1 h (new)
Paragraph 1 h (new)
1h. Asks the Commission to explore the introduction of waste reduction targets for industrial and commercial waste streams, and how industrial and commercial waste going to landfills could be reduced notably by means of material circularity;
Amendment 34 #
2020/2077(INI)
Draft opinion
Paragraph 1 i (new)
Paragraph 1 i (new)
1i. Highlights the overall need for a transition to a sustainable and more circular economy in the sourcing and manufacturing of construction products and materials and in their use in construction works; calls on the Commission to explore the incorporation of efficiency and reusability criteria in its revision of Regulation (EU) No 305/2011;
Amendment 66 #
2020/2077(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that research into materials, processes, technologies and products, as well as into their industrial scale-up, can provide European companies with a worldwide competitive advantage; believes that shortening a number of value chains would make European industrial ecosystems more resilient, competitive and profitable, as well as promot, by employing circular economy strategies, European companies could reduce their dependency on scarce natural resources and hedge against price volatility, reduce manufacturing costs and generate new revenue streams; thereby providing them with a worldwide competitive advantage and enhance the EU’s strategic autonomy;
Amendment 70 #
2020/2077(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Stresses the crucial role of wood- based materials in substituting fossil- based alternatives and alternatives with a higher environmental footprint in industries such as fuels transport, construction, textiles, chemicals and packaging, and the need to fully take into account the climate and environmental benefits of this material substitution;
Amendment 75 #
2020/2077(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls on the Commission and the Member States to develop policies supporting research into materials, processes, technologies and products, as well as into their industrial scale-up that would shorten and diversify the number of value chains, making European industrial ecosystems in turn more resilient, competitive and profitable;
Amendment 78 #
2020/2077(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Stresses that the establishment of quality requirements and quotas for recycling are important prerequisites for establishing a stable market for recycled plastics and that green public procurement can play an important role in developing this market;
Amendment 79 #
2020/2077(INI)
Draft opinion
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Acknowledges the crucial climate benefits the forest-based sector in the circular economy through carbon storage in wood products and material substitution; stresses the need to promote the use of wood as a sustainable construction material as it enables a transition towards sustainable economy; encourages the Commission to explore different market-based mechanisms in order to incentivise substitution of fossil fuels by renewable raw materials which offer climate benefits;
Amendment 86 #
2020/2077(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of boosting research efforts in the field of chemical recyclinglimate- friendly and energy efficient chemical recycling with various application possibilities which, paired with organic and mechanical recycling, will complete a technology-neutral framework;
Amendment 88 #
2020/2077(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights the underused advantages offered by the replacement of single-use products, notably plastic products, by sustainable wood-based products; stresses that the circular use of wood-based products should also be increased in order to improve the use of our sustainable resources, promote resource efficiency, reduce waste and extend the carbon life cycle for the deployment of a sustainable and local circular bioeconomy;
Amendment 94 #
2020/2077(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Emphasizes against this backdrop the importance of improving access to funds for research and innovation projects on the circular economy, by strengthening Horizon Europe, Cohesion Policy, the LIFE programme, Innovation Fund and InvestEU;
Amendment 95 #
2020/2077(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Reiterates that the forest-based sector significantly contributes to the development of circular bio-based economies in the EU; emphasises that the forest-based sector and the bio-economy are crucial to achieving the goals of the European Green Deal and climate neutrality by 2050; stresses that in 2015 the bio-economy represented a market estimated to be worth over EUR 2,3 trillion, providing 20 million jobs and accounting for 8.2 % of total employment in the EU; notes that every euro invested in bio-economy research and innovation under Horizon 2020 will generate about EUR 10 in added value;
Amendment 102 #
2020/2077(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to step up its efforts to make more small and medium-sized enterprises (SMEs) and micro-companies fit for the circular economy, by supporting them through adequate incentive schemes and financing tools, capacity building and technical assistance, as well as by reducing their administrative and legal burdens;
Amendment 104 #
2020/2077(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Acknowledges that well- functioning market based collection and recycling schemes as well as closed loop processes, in line with the circular economy principles, are already in place for a range of battery technologies; however, calls on the Commission to propose eco-design requirements for batteries in order to enhance their recyclability by design as the European transport sector is set to electrify; is convinced that enhanced recycling schemes for batteries could deliver a significant share of the raw materials required for circular battery production within the EU;
Amendment 109 #
2020/2077(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Is concerned that the classification of used batteries as waste in the Batteries Directive, independently of reuse, can act as a barrier to such reuse; recognises that reused batteries are not returned for recycling and that safety standards are not controlled when a battery is repurposed for uses with different characteristics than originally designed for; calls on the Commission to apply producer responsibility, with performance and safety guarantees, to the remanufacturer reintroducing the battery to the market; calls on the Commission to clarify the extended producer responsibility schemes (EPR) related to reused batteries;
Amendment 112 #
2020/2077(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls on the Commission to propose ambitious collection and recycling targets for batteries based on critical metal fractions when revising the Batteries Directive; highlights the importance of market based mechanisms in encouraging the reuse of critical raw materials in this respect; underlines the need to further promote research and innovation for recycling processes and technologies under Horizon Europe in order to increase the circular economy potential in batteries; acknowledges the role of SMEs in collection and recycling enterprises;
Amendment 113 #
2020/2077(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Asks the Commission and Member States to establish a European-wide deposit system for batteries to enhance the circularity and sustainability of the battery value chain;
Amendment 145 #
2020/2077(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the Commission to propose a landfill ban as it already exists in some Member States and in this context to examine a global ban on avoidable and unnecessary single-use plastics and to promote the circular economy worldwide;
Amendment 150 #
2020/2077(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Points out that thermal recovery is more climate-friendly than landfilling and that it has an established role in the European circular economy with its energy production from burning non- recyclable waste; asks therefore that the method is – in line with scientific criteria and technological neutrality – considered as resource- and climate-friendly;
Amendment 69 #
2020/2072(INL)
Motion for a resolution
Recital B
Recital B
B. whereas the preceding decade has seen brazen attacks againstupholding of Union values in severall Member States; whereas international comparisons and Parliament resolutions have evidenced considerable democratic backsliding in Hungary and Poland in particular is essential in order for the Union to function properly; whereas Parliament has been calling since 2016 for a comprehensive, preventive and evidence- based monitoring in this field via an EU mechanism on democracy, the rule of law and fundamental rights;
Amendment 99 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and loc and relevant national authorities;
Amendment 108 #
2020/2072(INL)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. whereas it is necessary to strengthen and streamline existing mechanisms and develop an effective mechanism to ensure that the principles and values enshrined in the Treaties are upheld throughout the Union;
Amendment 118 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and posievidence-based and objective agenda for protecting and reinforcing democracy, the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the world;
Amendment 124 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union is facing an unprecedented and escalating crisis of its founding values, which threatens its long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member Statesis concerned by the rise of illiberal tendencies as well as corruption; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibility;
Amendment 137 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that fielunderscores that the existing instruments to prevent democratic and rule of law backsliding should be streamlined and properly enforced;
Amendment 143 #
2020/2072(INL)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. highlights that the mechanism should serve as an objective, evidence- based tool assessing Member States on equal footing respecting the principles of subsidiarity, necessity and proportionality;
Amendment 152 #
2020/2072(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomes the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensevidence- based and objective monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agenda;
Amendment 157 #
2020/2072(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. proposes the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States while respecting the principles of subsidiarity, proportionality and necessity;
Amendment 172 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. underlines that the Annual Monitoring Cycle must contain country- specific recommendations, with timelines and targets for implementation, to be followed up in subsequent annual or urgent reports; stresses that failures to implement the recommendations must be linked to concrete Union enforcementand legally available measures;
Amendment 176 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. points out that the Mechanism should consolidate and supersede existing instruments for monitoring, in particular the Annual Rule of Law Report, the Commission’s Rule of Law Framework, the Council’s Rule of Law Dialogue and the Cooperation and Verification Mechanism (CVM), whilebut also other reports such as Justice Scoreboard or Report on the Application of the Charter of Fundamental Rights; highlights also that the Mechanism should increasinge complementarity and coherence with other available tools, includingmainly infringement procedures under, Article 7 TEU, procedure and budgetary conditionality once in force, and the European Semester; is of the opinion that the Annual Monitoring Cycle can fulfil the objectives ofshould replace the CVM for Bulgaria and Romania, thus contributing to equal treatment of all Member States; considers that the three institutions should use the findings from the Annual Monitoring Cycle in their assessment for the purposes of triggering Article 7 TEU andinternal discussions and for the adoption of their positions; notes that the institutions should be able to take the outcome into account for the purposes of triggering Article 7 TEU and the Commission should be able to take the outcome into account for launching the procedure under Regulation (EU) 2020/xxxx of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States11 , as well as for launching the procedure in accordance with Article 17 TEU; _________________ 11[instead of xxxx insert final number of 2018/136(COD) in the text and correct OJ reference in footnote] OJ C ..., ....., p. ....
Amendment 184 #
2020/2072(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. stresses that roles and prerogatives of respective institutions within the available procedures must be respected;
Amendment 194 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 199 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiteencouratges the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedure; believes that the Mechanism, underpinned by an interinstitutional agreement, respecting prerogatives of each of the institutions and sincere cooperation, will provide the necessary framework for better coordination;
Amendment 209 #
2020/2072(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
10. is of the view that, in the long-term, strengthening the Union’s ability to promote and defend its constitutional core willcould require Treaty change; looks forward to the reflection and conclusions of the Conference on the Future of Europe in that regard;
Amendment 213 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
11. strongly believes that addressing the crisiscomprehensive monitoring of the upholding of Union values, including through the proposed Mechanism, is a precondition for re-establishing mutual trust among Member States, thus enabling the Union as a whole to sustain and further all common policies;
Amendment 216 #
2020/2072(INL)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. highlights that training of justice professionals is essential to the proper implementation and application of Union law and thus to the strengthening of a European common legal culture based on the principles of mutual trust and the rule of law; considers that the upcoming European judicial training strategy must put additional focus on promoting the rule of law and judicial independence and include training on skills and non-legal issues so that judges are better prepared to resist undue pressure;
Amendment 225 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 3
Annex I – paragraph 4 – point 3
(3) The European Parliament, the Council and the Commission (‘the three institutions’) recognise the paramount importance of respect for Union values. Respect for Union values is necessary for the good functioning of the Union and the achievement of its objectives as set out in Article 3 TEU. The three institutions are committed to mutual sincere cooperation with the aim of promoting and ensuring respect for Union values.
Amendment 226 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 4
Annex I – paragraph 4 – point 4
(4) The three institutions recognise the need for streamlining and strengthening the effectiveness of existing tools designed to foster compliance with Union values. A comprehensive, evidence-based interinstitutional mechanism respecting the principles of subsidiarity, proportionality and necessity should therefore be established in order to improve coordination between the three institutions and consolidate initiatives taken previously. In accordance with the Conclusions of the Justice and Home Affairs Council of 6 and 7 June 2013, such a mechanism should operate in 'a transparent manner, on the basis of evidence objectively compiled, compared and analysed and on the basis of equality of treatment as between all Member States'.
Amendment 229 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 5
Annex I – paragraph 4 – point 5
(5) The three institutions agree that an Annual Monitoring Cycle on Union Values is necessary to reinforce the promotion and respect for Union values. The Annual Monitoring Cycle should be comprehensive, objective, impartial, evidence-based and applied equally and fairly to all Member States and should respect the principles of subsidiarity, proportionality and necessity. The primary objective of the Annual Monitoring Cycle should be to prevent violations of and non- compliance with Union values, while providing a shared basis for other actions by the three institutions. The three institutions also agree to use this Interinstitutional Agreement to integrate existing instruments and initiatives relating to the promotion of and respect for Union values, in particular the Annual Rule of Law Report, the Council’s Annual Rule of Law Dialogue and, the Commission’s Rule of Law Framework, the EU Justice Scoreboard and the Annual Report on the Application of the Fundamental Rights and Freedoms, in order to avoid duplication and strengthen overall effectiveness.
Amendment 242 #
2020/2072(INL)
Motion for a resolution
Annex I – paragraph 4 – point 8
Annex I – paragraph 4 – point 8
(8) The Annual Monitoring Cycle should also be complementary to and coherent with other instruments relating to the promotion and strengthening of Union values. In particular, the three institutions commit to usingtaking into account the findings of the annual monitoring reports in their assessment of whether there is a clear risk of a serious breach or existence of a serious and persistent breach by a Member State of Union values in the context of Article 7 TEU. Similarly, the three institutions commit to usingin accordance with Article 17 TEU the Commission should take into account the findings of the annual monitoring report in theirits assessment of whether an infringement procedure should be launched or whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx of the European Parliament and of the Council3 . The three institutions agree that the annual monitoring reports should more generally guideinform their actions with respect to Union values. _________________ 3 [instead of xxxx insert number of 2018/136(COD) in the text and the footnote and correct OJ reference in footnote] Regulation (EU) .../… of the European Parliament and of the Council on the protection of the Union's budget in case of generalised deficiencies as regards the rule of law in the Member States OJ C ..., ....., p. ....
Amendment 256 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 3 – introductory part
Annex I – part 2 – point 3 – introductory part
3. The three institutions agree to establish a permanent Interinstitutional Working Group on Union Values (‘Working Group’). The Working Group shall facilitate coordination and cooperation among the three institutions in the Annual Monitoring Cycle. The Working Group shall invite the European Union Agency for Fundamental Rights to participate in its meetings. The Working Group shall also consult independent experts on a regular basis.
Amendment 261 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 4
Annex I – part 2 – point 4
4. On an annual basis, the Commission shall organise a targeted stakeholder consultation to collect information for the Annual Report. The stakeholder consultation shall take place in the first quarter of each year. The consultation shall be transparent and based on a clear and rigorous methodology agreed by the Working Group. The methodology shall, in any event, encompass in an appropriate form the benchmarks, such as those listed in the Annexes to Commission Decisions 2006/928/EC and 2006/929/EC.
Amendment 266 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 5
Annex I – part 2 – point 5
5. The stakeholder consultation shall give an opportunity to civil society organisations, professional associations and networks, Council of Europe bodies, Union institutions, bodies, offices and agencies and the Member States, including national parliaments and locrelevant national authorities, to contribute to the Annual Report. The Commission shall incorporate the information provided by stakeholders in the Annual Report. The Commission shall publish relevant contributions to the consultation on its website prior to the publication of the Annual Report.
Amendment 273 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 7
Annex I – part 2 – point 7
7. Designated representatives of any of the three institutionsthe Working Group shall have the possibility to conduct a limited number of fact-finding visits to the Member States for the purpose of obtaining additional information and clarification about the state of Union values in the Member States concerned. The Commission shall incorporatuse the findings in the Annual Report.
Amendment 282 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 9
Annex I – part 2 – point 9
9. The Commission shall draft the Annual Report based on information gathered during the preparatory stage. The Annual Report should cover both positive and negative developments relating to Union values in the Member States. The Annual Report shall be impartial, based on objectively compiled evidence and respect equality of treatment between all Member States and the principles of subsidiarity, proportionality and necessity. The depth of reporting should reflect the gravity of the situation in question.
Amendment 296 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 12
Annex I – part 2 – point 12
12. No later than two months from its publication date, the European Parliament and the Council shall discuss the content of the Annual Report. The discussions shall be made public. The Parliament and the Council shall adopt positions on the Annual Report by means of resolutions and conclusions. As part of the follow-up, the European Parliament and the Council shall assess and reflect on the extent to which previous recommendations have been implemented by the Member States. The three institutions shall endeavour to promote debate on the Annual Report in the Member States, in particular in national parliaments.
Amendment 297 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 13
Annex I – part 2 – point 13
13. On the basis of the findings of the Annual Report, the Commission may, either on its own initiative or upon request by the European Parliament or the Council, enter into a dialogue with one or several Member States, including national parliaments and relevant local authorities, with the aim of facilitating implementation of the recommendations. The Commission shall regularly report on the progress of the dialogue. The Commission may, at any time, provide technical assistance to the Member States through different activities. The European Parliament shall organise, in cooperation with national parliaments, an interparliamentary debate on the findings of the Annual Report.
Amendment 304 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 14 – introductory part
Annex I – part 2 – point 14 – introductory part
14. Without prejudice to the powers of the Commission under Article 258 TFEU and under Article 5 of Regulation (EU) 2020/xxxx1a, and the right of the European Parliament and the Commission to submit to the Council a reasoned proposal in accordance with Article 7(1) TEU, the three institutions agree that the Annual Reports should guide their actions concerning Union values. _________________ 1a[instead of xxxx insert number of 2018/136(COD) in the text].
Amendment 309 #
2020/2072(INL)
Motion for a resolution
Annex I – part 2 – point 15
Annex I – part 2 – point 15
15. Where the situation in one or several Member States portends imminent and serious damage to Union values, the European Parliament or the Council may exceptionallyCommission may exceptionally, either on its own initiative or upon request by the Commission toEuropean Parliament or the Council draft an urgent report on the situation. The Commission shall prepare the report in consultation with the Working Group. The Commission shall make the urgent report public no later than two months following a request by the European Parliament or the Council. The findings of the urgent report should be incorporated in the next Annual Report. The urgent report may specify recommendations aimed at addressing the imminent threat to Union values.
Amendment 315 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 16
Annex I – part 3 – point 16
16. The three institutions acknowledge the complementary nature of the Annual Monitoring Cycle and other mechanisms for the protection and promotion of Union values, in particular the procedure laid down in Article 7 TEU, infringement procedures and Regulation (EU) 2020/xxxx. The three institutions commit to take account of the objectives of this Interinstitutional Agreement in Union policies.
Amendment 327 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – subheading 1
Annex I – part 3 – point 20 – subheading 1
Amendment 329 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 20 – subheading 1 a (new)
Annex I – part 3 – point 20 – subheading 1 a (new)
Arrangements for infringement procedures
Amendment 331 #
2020/2072(INL)
Motion for a resolution
Annex I – part III – point 20 a (new)
Annex I – part III – point 20 a (new)
20a. The Commission takes into account the findings of the Annual Report in its assessment of whether an infringement procedure should be launched.
Amendment 335 #
2020/2072(INL)
Motion for a resolution
Annex I – part 3 – point 21
Annex I – part 3 – point 21
21. The three institutions agree to useCommission takes into account the findings of the Annual Report in theirits assessment of whether there are generalised deficiencies as regards the rule of law in the Member States, in accordance with Article 5 of Regulation (EU) 2020/xxxx.
Amendment 39 #
2020/2045(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Underlines the need to make sure strict monitoring exercises and audits are carried out to ensure compliance with the Financial Regulation; invites the Commission to scale up reporting on the FRT and asks it to ensure that these funds specifically target refugee projects and are not used for any other purposes;
Amendment 40 #
2020/2045(INI)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1 c. Calls on the Commission to ensure that the objectives of the FRT are consistent with the EU’s general principles, policies and objectives, including democracy, the rule of law and human rights;
Amendment 66 #
2020/2045(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Stresses that EUTFs support countries hosting refugees by investing in health and education, economic development, job creation and integration into labour markets, for both local communities and refugees, especially vulnerable groups such as women and youth;
Amendment 3 #
2020/2041(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that Europe and Africa are in close geographical proximity, have strong historical and cultural ties and are being brought ever closer by a shifting geopolitical order, by the increase in trade and shared challenges, which call for a continental-Afr such as the fight against the COVID-19 pandemic, which call for a reinvigorated politicanl approachlliance and a results-oriented useallocation of EU resources;
Amendment 9 #
2020/2041(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Welcomes the Commission’s Communication “Towards a comprehensive Strategy with Africa” of 9 March and sees it as a step towards a truly geopolitical partnership; recalls that together the EU and Africa face a lot of challenges, ranging from climate change and energy issues, reforming multilateral institutions and global trade, advancing human and civil rights through the advancement of democracy, lifting communities out of poverty, providing decent living conditions through the provisions of economic opportunities and meaningful employment opportunities, advancing public health and access to health care, to the combat against armed groups, terrorism, as well as human trafficking in order to ensure stability and peace, and that only by acting together will we reach our common objectives; Emphasises that the EU’s relations with Africa are of utmost importance for the future of both our continents, touching upon all fields especially political, economic, societal, cultural, scientific, and academia, and must go beyond the traditional development and humanitarian cooperation in order to truly lift our partnership to the first rang of our relationships; strongly welcomes the five partnerships proposed by the Commission’s Communication and emphasis that these partnerships will become even more important and relevant in the context of the Covid-19pandemic; however points to the need to clearly define how the new strategy is supposed to be implemented and indicate which EU actor is in charge of doing what;
Amendment 25 #
2020/2041(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines that the process of development on the African continent is of key importance for the prosperity, stability and security of both the EU and Africa;a new partnership between Europe and Africa should be based on a clear understanding of their respective and mutual interests and responsibilities, reflecting the comprehensiveness and maturity of their relations
Amendment 26 #
2020/2041(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is of the firm opinion that our partnership must be based on clear positions and priorities identified by our African partners and in this light believes that the upcoming 6th AU-EU Summit this fall provides a timely opportunity to listen to the African partners, to exchange on reciprocal demands and proposals and to define common objectives in order to enshrine them in the upcoming new EU Africa Strategy;
Amendment 45 #
2020/2041(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Calls upon the EU institutions and the Member States to be a more coherent and unified actor in dealing with the African continent and to hence advance internal coordination in order to better define a common way ahead; along this line highlights the need to develop a coherent and all-encompassing strategy towards Africa, sometimes termed “Marshall Plan”, which must build on existing African and European efforts and is centred on creating economic opportunities and jobs, which is of key importance when recalling the demographic trends on the African continent; in this context points to the positive impact of “The External Investment Plan”, launched by then EC president Juncker in2017, and expresses its strong support to the “Africa-Europe Alliance for sustainable investments and jobs” which was launched as a result;
Amendment 54 #
2020/2041(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that AfricaReiterates its still undergoing the process ofcontinued support to regional integration atnd regional, continental and international level and that as yet 54 African countries remain divided and diversified in areas of key strategic importa organisations, in particular ECOWAS (Economic Community of West African State), CEMAC (The Central African Economic and Monetary Community), EAC (East African Community), SADC (South Africa Development Community), IGAD (Intergovernmental Authority on Development) and ECCAS (Economic Community of Central African States), as well as the ICGLR (International Conference ton the EU, such as meeting internationally recognised standards and practices in trade, human rights, sustainable development and positioning in international organisationsGreat Lakes Region)and calls for an update of the various EU regional policies towards those regions (Gulf of Guinea, Sahel, Great Lakes, Horn of Africa); in this light also underlines the need to develop coherent EU internal responses to given challenges and crises, and address them through the “Team Europe” approach;
Amendment 63 #
2020/2041(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Strongly welcomes the signals sent by Commission President Ursula von der Leyen to make relations with Africa a centre piece of her mandate, underlined by her decision to make her first mission outside the EU to the Headquarter of the African Union in Addis Ababa on 7 December 2019, as well as the recent 10th AU-EU College-to-College meeting at the AU Headquarters on 27 February 2020, strongly welcomes the “whole of Commission” approach which involves the entirety of the Commission; reiterates that such personal encounters on the top- level are of utmost importance since next to fostering personal bounds, they also raise the public awareness of our partnership in our respective national medias; Calls therefore for a further intensification of these high-level meetings and exchanges, including business and civil society forums and meetings;
Amendment 80 #
2020/2041(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 9 March 2020 entitled ‘Towards a comprehensive strategy with Africa’ (JOIN(2020)0004); in line with the priorities identified in the joint communication calls for strong and constaherent EU engagement in the security, stability and development of Africa;promoting the green transition and energy access, digital transformation, sustainable growth and jobs, peace and governance, and a balanced and comprehensive approach to migration and mobility
Amendment 90 #
2020/2041(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that for a strong partnership we not only need a strong EU but also a strong African Union, therefore underlines the need to further strengthen the process of integration on the African continent as well as the institutionalization of the African Union, including the Pan-African Parliament, through the sharing of best practices as well as technical and financial assistance;
Amendment 117 #
2020/2041(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that the EU is amRecalls that it is up to the Africans to decide upon their international cooperation and ong the first to bear the costs of all destructive policies employed against African nations, while other playersir own priorities; calls on the EU to seek a coordination with each country truly interested in a prosperous and positive long-term development of the African continent, based on the full respect of human rights, good governance, respecially China and Russia, are focused only on their own benefits at the expense of African sovereignty and European securityt for civil and human rights and the combat against corruption; calls on the EU to develop a strategic and long-term response to the Chinese Belt and Road Initiative (BRI), which should be guided by our shared values as well as the priorities and needs articulated by our African neighbours;
Amendment 127 #
2020/2041(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the detrimental impacts of the Covid-19 crisis, both in terms of health, but also in economic terms, and therefore reiterates its call to provide to those African States which ask for it an increased support in the health sector; strongly supports the strong EU response to the Crisis on an external dimension through the “Team Europe” approach and sees it as a true sign of global solidarity and European values, and strongly welcomes the announcement by the G20 to suspend all debt payments for the world's poorest countries until the end of 2020;
Amendment 148 #
2020/2041(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Shares the opinion that the matter of the security of Africa should be transferred into the hands of Africans and that the EU should assist its African partners in the successful accomplishment of this ultimate goal.Underlines that the EU-AU partnership can only be successful if it is truly a partnership of equals, meaning a more balanced, fairer and meaningful partnership, built on own responsibility and solidarity and a common vision for our future; reiterates thus its calls for a true “continent to continent” partnership between the European Union and Africa;
Amendment 154 #
2020/2041(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines its belief that Africa, as a resource rich continent, with dynamic and developing economies that show high levels of growth, a growing middle class and a young and creative population, is a continent of opportunities which has demonstrated on numerous occasion that economic progress and development is possible; points to the cases of among others Botswana, Ethiopia, Rwanda and Tanzania in this regard; (points to technological innovations which originated in Africa, like the M-Pesa mobile payment system which is now used around the world, underlines in this regard the positive impact of social media on the democratic movements on the continent;)
Amendment 155 #
2020/2041(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Stresses the urgent need for the EU to address the escalating terrorist insurgency in Northern Mozambique, which already caused more than 1.000 deaths and forced around 200.000 people to flee their homes, and poses a serious risk of spreading across the Southern African region; urges the High Representative of the Union for Foreign Affairs and Security Policy to offer EU’s support to Mozambique and its citizens; stresses that the lack of reaction from the EU can lead to other international players to take the leading role that the Union aims to achieve in the continent.
Amendment 163 #
2020/2041(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Welcomes the intention by the Commission to make the “Africa-Europe Alliance” the central pillar of the economic relations between the two continents, and reiterates, that sustainable long-term economic development, and the subsequent creation of decent and well- paid jobs, in particular for the youth, is the prerequisite for the development and flourishment of an African middle-class and hence ultimately the attainment of political stability, democracy as well as increased civil and human rights; points in this light to the need of structural economic reforms and the importance of advancing domestic production and manufacturing capacities, which would help to reduce the dependency on foreign imports; recalls the need for the EU to enhance support to SMEs and points to the opportunities of the EU’s Executive Agency for Small and Medium-sized Enterprises (EASME) to promote business-to-business cooperation and joint ventures with African companies, which would furthermore not only increase the visibility of business opportunities but also foster the much- needed access to finance and access to technology through a transfer of know- how; Furthermore underlines the need to improve investments protection scheme to facilitate and encourage further investments;
Amendment 169 #
2020/2041(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Strongly welcomes the entry into force of the African Continental Free Trade Area (AfCFTA) and underlines the enormous economic and political potential it has for the future of African and global trade; expresses concern in this regard about the delay of the originally foreseen 1 July 2020implementation date of the AfCFTA due to the COVID-19 crisis, encourages the European Commission and Member States to extend their maximum assistance by sharing best practices of experience made in the EU in order to contribute to a successful implementation of the AfCFTA as soon as the health situation permits; also points to the need to significantly invest in the transport infrastructure to facilitate intra-African trade;
Amendment 171 #
2020/2041(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Highlights that while a number of countries in Africa continue to struggle with corruption, lack of good governance as well as social and political freedoms, many countries have started the transition towards reforms and democracy; applauds in this light in particular the people of Sudan for their courage and bravery; recalls that transition countries are particularly vulnerable and should be able to count on the EU when they ask for support; calls thus for well-coordinated support and assistance to those countries in order to maintain and support the aspirations for positive change as expressed by their peoples; suggests that the HR/VP establish special ad-hoc contact groups to streamline and facilitate the EU wide support to individual transition countries;
Amendment 173 #
2020/2041(INI)
Draft opinion
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Expresses its concern that Botswana, Ghana, Uganda, and Zimbabwe are included in the updated EU Blacklist of countries which have strategic deficiencies in their anti-money laundering/combating financing of terrorism (AML/CFT) regimes, and calls on these countries to immediately take the necessary steps to comply with the required legislation and implementation of it (Delegated act C(2020) 2801); welcomes that Ethiopia and Tunisia, after pursuing a number of reforms, were taken off the blacklist;
Amendment 175 #
2020/2041(INI)
Draft opinion
Paragraph 7 f (new)
Paragraph 7 f (new)
7f. Welcomes the G20 “Compact with Africa” (CwA) initiative, launched in 2017 in order to promote private investment in Africa, including in infrastructure and sees it as a good platform to advance comprehensive, coordinated, and country-specific reform agendas; welcomes that so far twelve African countries have joined the initiative: Benin, Burkina Faso, Ivory Coast, Egypt, Ethiopia, Ghana, Guinea, Morocco, Rwanda, Senegal, Togo and Tunisia;
Amendment 177 #
2020/2041(INI)
Draft opinion
Paragraph 7 g (new)
Paragraph 7 g (new)
7g. Underlines that the EU at its core, in its political and economic relations with third countries, is motivated by the advance of fundamental rights, and the support to democratic institutions and democratic accountability, and whereas third actors like for example China pursue in our eyes other objectives which at times pose a concern to us; stresses that our objective is to strengthen resilience and independence of our African partners;
Amendment 179 #
2020/2041(INI)
Draft opinion
Paragraph 7 h (new)
Paragraph 7 h (new)
7h. Underlines the important role of the African Peace and Security Architecture (APSA) which provides the African Union and regional level organisations with the needed tools to prevent, manage and resolve conflicts; Strongly welcomes the EU’s recent commitment of 40.5 million Euro to support the African Peace and Security Architecture (APSA) over the next four years and sees it as imperative to further strengthen the capacity and coordination of APSA components to adapt to emerging security challenges in Africa, while striving for increased AU ownership of its peace and security operations; welcomes in this context the work of Donald Kaberuka, the AU’s special envoy for the Peace Fund and reiterates the EU’s readiness to support the AU’s efforts in this important field;
Amendment 181 #
2020/2041(INI)
Draft opinion
Paragraph 7 i (new)
Paragraph 7 i (new)
7i. Highlights the fact that the objective of the EU support on the security sector is to encourage African ownership of security and defence matters and considers that the African Union and African States are key actors with which the EU is meaningfully engaged in order to jointly achieve sustainable development and human security; strongly welcomes in this regard the plans of the African Union to send 3,000 soldiers in support of the G5 Sahel and sees it as a sign that that the AU and EU are indeed pursuing similar security objectives, built on shared objectives and shared responsibilities; welcomes in this regard the comments made by HR/VP Borrell to the UN Security Council on28 May 2020 when he spoke of “finding African solution to African problems”;
Amendment 183 #
2020/2041(INI)
Draft opinion
Paragraph 7 j (new)
Paragraph 7 j (new)
7j. Strongly underlines the important role of functioning state institutions, authorities and infrastructure, and believes that their absence can be a significant obstacle to development, peace, and progress; Underlines that security, stability and hence ultimately also prosperity and sustainable development will only be achieved in the concerned regions, if an all-encompassing strategy is pursued, recalls in this light that security sector reform, justice reform, good governance, democratic accountability, and the protection of civilians are a prerequisite for winning the trust of populations in their governments and security forces; further underlines the civil-military nexus and the need to better streamline both components of the CSDP missions;
Amendment 185 #
2020/2041(INI)
Draft opinion
Paragraph 7 k (new)
Paragraph 7 k (new)
7k. Points to the severe negative long- term implications of terrorism and organised crime, especially in fragile States and countries which are in transition towards democracy; underlines therefore its commitment to further intensify its efforts to combat terrorism and organised crime, including through an deepening of security and political relations with African countries, for example through the increased exchange of personnel, such as in the fields of intelligence cooperation and technical as well as military assistance, through among others the soon to be established European Peace Facility (EPF);
Amendment 187 #
2020/2041(INI)
Draft opinion
Paragraph 7 l (new)
Paragraph 7 l (new)
7l. Underlines the important role that the Sahel plays from a strategic and security point of view, in this light strongly welcomes the foundation of the “G5 Sahel” in 2014 as well as theG5 Joint Force (G5 Force Conjointe) which was created in 2017 to combat the security threats in the region; reiterates its support to the G5 Sahel and its Joint Force and reconfirms its readiness to provide financial and military assistance to it, among others through the soon to be established European Peace Facility;
Amendment 189 #
2020/2041(INI)
Draft opinion
Paragraph 7 m (new)
Paragraph 7 m (new)
7m. Highlights the fact that the mandates of the CSDP mission are comprehensive and aim among others to foster security sector reform, advance justice reform, strengthen military and police training as well as to advance oversight; Underlines the urgent need to improve the communication policy of CDSP missions as well as the EU’s overall strategic planning in order to increase the visibility of the EU’s actions and its aim to safeguard the security and wellbeing of African people;
Amendment 191 #
2020/2041(INI)
Draft opinion
Paragraph 7 n (new)
Paragraph 7 n (new)
7n. Recalls the threat that transnational organised crime, civil unrest and domestic crime pose to in particular fragile and post-conflict States, which struggle to provide the necessary security to their citizens; in this light underlines the importance of a well- trained national and regional police force, which however often lack both proper training and equipment, as well as most crucially do not always have the proper connection and trust of the local population; underlines hence the importance of strengthening and building professional police structures, and hence calls for intensified conceptual, logistical and administrative support, among others to the African Mechanism for Police Cooperation (AFRIPOL) in Algiers, which was launched in 2014, and believes that cooperation in this field will also help advance the capability of peacekeeping missions as well as foster the police component of the APSA;
Amendment 193 #
2020/2041(INI)
Draft opinion
Paragraph 7 o (new)
Paragraph 7 o (new)
7o. Underlines the dangers of proliferation of illicit small arms and recalls that these undocumented and mostly illegally held arms do not only threaten the safety and security of communities but are also used by dangerous transnational criminal networks engaged in various forms of trafficking, including of weapons, humans and illegal drugs;
Amendment 196 #
2020/2041(INI)
Draft opinion
Paragraph 7 p (new)
Paragraph 7 p (new)
7p. Recalls that Africa is host to the highest number of Peace support operations (PSOs) in the world and the biggest contributor of troops and police; Points to the need to adapt(PSOs) across Africa to the new reality of COVID-19 in order to both adequately protect citizens as well as the staff of the PSOs; points to the need to ensure adequate financing for the missions given the fear of an imminent economic crisis and a reduction in available funding;
Amendment 197 #
2020/2041(INI)
Draft opinion
Paragraph 7 q (new)
Paragraph 7 q (new)
7q. Recalls the important role that the African Union and African States play in multilateral organisations, such as in particular the United Nations, where African States account for 28% of the membership, and underlines hence the importance of further deepening our political relations in order to reform the multilateral decision-making bodies to make them more just and representative, which is crucial in order to find solutions to our common global challenges;
Amendment 199 #
2020/2041(INI)
Draft opinion
Paragraph 7 r (new)
Paragraph 7 r (new)
7r. Reconfirms its support to the UN peacekeeping missions on the African continent and calls on key players, in particular the United States of America, Russia, China, as well as the United Kingdom, to join EU efforts to mediate and advance cooperation and sustainable peace throughout the African continent; reiterates in this regards the EU’s willingness to increase its support to UN missions and to advance coordination between the different UN and EU missions
Amendment 201 #
2020/2041(INI)
Draft opinion
Paragraph 7 s (new)
Paragraph 7 s (new)
7s. Points to the importance of parliamentary diplomacy and in this light recalls the many parliamentary meetings and missions the EP has conducted, notably the regular meetings between the European Parliament and the Pan- African Parliament; in this light, calls for a strengthening of the parliamentary dimension in the EU-AU relations, and calls for annual missions of key EP committees to meet and exchange on a regular basis with their African counterparts;
Amendment 204 #
2020/2041(INI)
Draft opinion
Paragraph 7 t (new)
Paragraph 7 t (new)
7t. Recalls the important work of the International Criminal Court (ICC) in fighting against impunity for genocide, crimes against humanity and war crimes and therefore calls upon all African States who have not yet done so to sign and ratify the Rome Statue;
Amendment 206 #
2020/2041(INI)
Draft opinion
Paragraph 7 u (new)
Paragraph 7 u (new)
7u. Recalls the importance of coordinating our Africa policy with other like-minded countries, such as the United States of America, Canada, the United Kingdom as well as Japan,
Amendment 207 #
2020/2041(INI)
Draft opinion
Paragraph 7 v (new)
Paragraph 7 v (new)
7v. Underlines, that EU-Africa cooperation must have a proper civil society element and hence cannot be a top-down approach, calls in this field for more efforts to advance people-to-people relations, especially among the youth, points in this context to the positive important long-term impact of Erasmus+;
Amendment 209 #
2020/2041(INI)
Draft opinion
Paragraph 7 w (new)
Paragraph 7 w (new)
7w. Emphasises the important role of a free and vibrant media and press sector and recalls that it is crucial in order to ensure a well-informed public which can define its own priorities and furthermore increases the resilience against fake news; encourages continued African efforts in the field of media freedom and support for journalists and underlines the important role of a free press when it comes to the fight against corruption and the supervision and accountability of public authorities;
Amendment 211 #
2020/2041(INI)
Draft opinion
Paragraph 7 x (new)
Paragraph 7 x (new)
7x. Encourage the EEAS to increase its presence with Delegations throughout the continent, particularly at key AU Member States, in order to further advance our bilateral and regional relationships and ensure a proper exchange with relevant stakeholders; underlines that such close ties are the basis to ensure appropriate and well- structured global partnerships, as well as tailor-made responses; Calls upon the EEAS to significantly improve its media and communication strategy in order to not only foster awareness of the EU’s efforts in the respective regions, but also to increase awareness and support among EU citizens for an intensified EU-Africa cooperation;
Amendment 214 #
2020/2041(INI)
Draft opinion
Paragraph 7 y (new)
Paragraph 7 y (new)
7y. Underlines the crucial role of democracy and the role of free and fair elections, in this regard points to the numerous Election Observation Missions (EOM) by the EU, which are strongly supported by the European Parliament;
Amendment 215 #
2020/2041(INI)
Draft opinion
Paragraph 7 z (new)
Paragraph 7 z (new)
7z. Underlines the crucial role of water diplomacy given that as a result of climate change water risks becoming a more and more scarce resource, calls in this context on Ethiopia, Egypt and Sudan to reach a peaceful and mutually beneficial solution regarding the completion of the Grand Ethiopian Renaissance Dam (GERD), welcomes the US and World Bank mediation in this case and calls upon the AU and EU to do all it can to facilitate a constructive solution;
Amendment 218 #
2020/2041(INI)
Draft opinion
Paragraph null (new)
Paragraph null (new)
Recalls that climate change is real and happening faster than we thought, with devastating impacts on the African continent leading to stronger draughts and increased water scarcity; underlines the need of a more effective Climate Diplomacy in order to promote the links between domestic, foreign and international climate policy;
Amendment 219 #
2020/2041(INI)
Draft opinion
Paragraph null (new)
Paragraph null (new)
Encourages increased efforts to overcome the paradox that Africa, despite being abundantly rich in sustainable energy sources, is still largely relying on traditional energy sources, which contribute to climate change and furthermore are not inclusive since a large part of African households continue to suffer under energy poverty; encourages hence African countries to unlock their energy sectors’ huge potential for growth and jobs, and call upon private investors to engage in innovative projects; Recalls that promoting gender equality is one of the most effective ways to drive inclusive growth, reduce poverty and advance peace; Encourages further support to African women’s economic empowerment through education, skills transfer, access to finance and the set-up of businesses, and access to land;
Amendment 222 #
2020/2041(INI)
Draft opinion
Paragraph null (new)
Paragraph null (new)
Expresses deep concern that the rights of LGBTIQ persons in Africa are largely not protected throughout the continent; salutes South Africa for its progressive domestic legislation;
Amendment 223 #
2020/2041(INI)
Draft opinion
Paragraph null (new)
Paragraph null (new)
Recalls, that contrary to a common belief intra-regional migration continues to outpace extra-regional migration on the African continent, points to the fact that while economic and employment opportunities are the key driver of intra- African migration, migration also originates from security risks, regional conflicts, and environmental changes; encourages continued cooperation with the IOM and other UN agencies to provide additional support to refugees and internally displaced people, as we do in other parts of the world,
Amendment 6 #
2020/2016(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
- having regard to the European ethical Charter on the use of Artificial Intelligence in judicial systems and their environment of the European Commission for the Efficiency of Justice (CEPEJ) of the Council of Europe;
Amendment 7 #
2020/2016(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the ‘Ethics Guidelines for Trustworthy AI’ of the High-Level Expert Group on Artificial Intelligence set up by the Commission of 8 April 2019;
Amendment 15 #
2020/2016(INI)
Motion for a resolution
Recital A
Recital A
A. whereas digital technologies in general and the proliferation of data processing and analytics enabled by artificial intelligence (AI) in particular bring with them extraordinary promise; whereas AI isdevelopment has made a big leap forward in recent years which makes it one of the strategic technologies of the 21st century, generating substantial benefits in efficiency, accuracy, and convenience, and thus bringing positive change to the European economy and society; 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, human capabilities and safety;
Amendment 28 #
2020/2016(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the development of AI must respect the values on which the Union is founded, in particular human dignity, freedom, democracy, equality, the rule of law, and human and fundamental rights, have to be respected throughout the life cycle of AI tools, notably during their design, development, deployment and use;
Amendment 34 #
2020/2016(INI)
Motion for a resolution
Recital C
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 rightsnon-discriminatory, safe and transparent, and respect human autonomy and fundamental rights in order to be trustworthy, as described in the Ethics Guidelines of the High-Level Expert Group on Artificial Intelligence;
Amendment 39 #
2020/2016(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the Union together with the Member States bear a critical responsibility for ensuring that policy choicedecisions surrounding the development, deployment and uslife-cycle of AI applications in the field of the judiciary and law enforcement are made in a transparent manner, respect the principles of necessity and proportionality, and guarantee that the policies and measures adopted will fully safeguard fundamental rights within the Union and fully safeguard fundamental rights; whereas the relevant policy choices should respect the principles of necessity and proportionality;
Amendment 44 #
2020/2016(INI)
Motion for a resolution
Recital E
Recital E
E. whereas AI applications offer great opportunities in the field of law enforcement, in particular in improving the working methods of law enforcement agencies and judicial authorities, and preventing and combating certain types of crime more efficiently, in particular financial crime, money laundering and terrorist financing, as well as certain types of cybercrime, thereby contributing to the safety and security of EU citizens;
Amendment 48 #
2020/2016(INI)
Motion for a resolution
Recital F
Recital F
Amendment 55 #
2020/2016(INI)
Motion for a resolution
Recital G
Recital G
G. whereas AI applications in use by law enforcement include applications such as facial recognition technologies, e.g. to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse, 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, advanced virtual autopsy tools to help determine the cause of death, 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 have vastly varying degrees of reliability and accuracy;
Amendment 61 #
2020/2016(INI)
Motion for a resolution
Recital H
Recital H
H. whereas AI tools and applications are also used by the judiciary worldwide, including in sentencing, calculating probabilities for reoffending and in determining probation, online dispute resolution, case law management, and the provision of facilitated access to the law;
Amendment 64 #
2020/2016(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. whereas the applications of AI in law enforcement and the judiciary are in different development stages, ranging from conceptualisation through prototyping or evaluation to post-approval use; whereas new possibilities of use may arise in the future as the technology becomes more mature due to ongoing intensive scientific research worldwide;
Amendment 66 #
2020/2016(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the use of AI in law enforcement entails a number of potential risks, such as opaque decision-making, different types of discrimination, and errors inherent in the underlying algorithm which can be reinforced by feedback loops, as well as risks to the protection of privacy and personal data, the protection of freedom of expression and information, and the presumption of innocence; whereas the extent of these risks varies between different applications and depending on the purpose of their use;
Amendment 72 #
2020/2016(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. whereas some countries make greater use of AI applications in law enforcement and the judiciary than others, which is partly due to a lack of regulation and regulatory differences which enable or prohibit AI use for certain purposes;
Amendment 74 #
2020/2016(INI)
Motion for a resolution
Recital J
Recital J
J. whereas AI systems used by law enforcement and judiciary are also vulnerable to AI- empowered attacks or data poisoning, whereby a wrong data set is included on purpose to produce biased results; whereas in these situations the resulting damage is potentially even morery significant, and can result in exponentially greater levels of harm to both individuals and groups;
Amendment 83 #
2020/2016(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. RWelcomes the positive contribution of AI applications to the work of law enforcement and judicial authorities across the Union as a key enabling technology to ensure safety and security of citizens; highlights e.g. the enhanced case law management achieved by tools allowing for additional search options; believes that there is a wide range of other potential uses for AI by law enforcement and the judiciary which should be explored, subject to methodological precautions and scientific assessments; reiterates that, as processing large quantities of data is at the heart of AI, the right to the protection of private life and the right to the protection of personal data apply to all areas of AI, and that the Union legal framework for data protection and privacy must be fully complied with;
Amendment 92 #
2020/2016(INI)
Motion for a resolution
Paragraph 2
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, the principle of equality of arms, and the right to an effective remedy and a fair trial;
Amendment 95 #
2020/2016(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Acknowledges that the speed at which AI applications are developed around the world necessitates a future- oriented approach and that any attempts at exhaustive listing of applications will quickly become outdated; calls, in this regard, for a clear and coherent governance model that guarantees the respect of fundamental rights, but also allows companies and organizations to further develop artificial intelligence applications;
Amendment 99 #
2020/2016(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers, in this regard, that safeguards should be proportionate to potential risks associated with the use specific AI applications; believes that any AI tool either developed or used by law enforcement or judiciary should, as a minimum, be safe, robust, secure and fit for purpose, respect the principles of fairness, accountability, transparency and, non- discrimination as well as explainability, with their deployment subject to a strict necessity and proportionality test;
Amendment 112 #
2020/2016(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the importance of preventing mass surveillance by means, which per definition does not correspond to the principles of necessity and proportionality; strongly supports high thresholds for and transparency in the use of AI technologies, and of banning applications that would result in it; applications that could result in it; calls for law enforcement or the judiciary to use AI applications that adhere to the privacy-by- design principle whenever possible to avoid function creep;
Amendment 124 #
2020/2016(INI)
5. Stresses the potential for bias and discrimination arising from the use of machine learning and AI applications; notes that biases can beAI applications such as machine learning; notes that discrimination can result from biases 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;
Amendment 130 #
2020/2016(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the fact that many algorithmically driven identification technologies that are currently in use disproportionately misidentify non-white people, childaccording to ethnicity, age and gender; considers, thereforen, the elderly, as well as womenat strong scientific and ethical standards are needed and that strong efforts should be made to avoid automated discrimination and bias;
Amendment 134 #
2020/2016(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for strong additional safeguards in case AI systems in law enforcement or the judiciary are used on or in relation to minors, who are particularly vulnerable;
Amendment 137 #
2020/2016(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 141 #
2020/2016(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. UTakes note of the risks related to data leaks, data security breaches and unauthorised access to personal data and other information related to criminal investigations or court cases that are processed by AI systems; underlines that security and safety aspects of AI systems used in law enforcement need to be carefully considered, and be sufficiently robust and resilient to prevent the potentially catastrophic consequences of malicious attacks on AI systems;
Amendment 148 #
2020/2016(INI)
9. Considers it necessary to create a clear and fair regime for assigning legal responsibility and liability for the potential adverse consequences produced by these advanced digital technologies;
Amendment 151 #
2020/2016(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9 a. Calls for the adoption of appropriate procurement processes for AI systems by Member States and EU agencies when used in law enforcement or judicial context, so as to ensure their compliance with fundamental rights;
Amendment 157 #
2020/2016(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Underlines that in judicial and law enforcement contexts, the final decision always needs to be taken by a human, who can be held accountable for the decisions made, and includeTakes the view that law enforcement and judicial authorities that make use of AI systems need to uphold high legal standards, in particular when analysing data; underlines the need to ensure human intervention and accountability throughout the different stages of decision-making, to assess both the quality of the data and the appropriateness of each decision taken on the basis of that information; considers that persons subject to these systems should be given the possibility of a recourse for a remedy;
Amendment 163 #
2020/2016(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls for algorithmic explainability and transparency as a necessary part of oversight in order to ensure that the development, deployment and use of AI systems for judiciary and law enforcement comply with fundamental rights, and are trusted by citizens, as well as in order to ensure that results generated by AI algorithms can be rendered intelligible to users and to those subject to these systems, and that there is transparency on the source data and how the system arrived at a certain conclusion;
Amendment 167 #
2020/2016(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for traceability of AI systems that defines the capabilitiethe decision making process of AI systems within law enforcement and the judiciary which outlines the functions and limitations of the systems, and keeps track of where the defining attributes for a decision originate, for instance through compulsory documentation obligations;
Amendment 172 #
2020/2016(INI)
Motion for a resolution
Paragraph 13
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 purposes, in order to assess any potential risks to fundamental rights and, where necessary, define appropriate safeguards to address these risks;
Amendment 174 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13 a. Deplores that many law enforcement and judicial authorities in the EU lack the funding, capacities and capabilities to reap the benefits AI tools can offer for their work; encourages law enforcement and judicial authorities to identify, structure and categorise their needs to enable the development of tailor- made AI solutions and to exchange best practices on AI deployment; stresses the need to provide the authorities with the necessary funding, as well as to equip them with the necessary expertise to guarantee full compliance with the ethical, legal and technical requirements attached to AI deployment;
Amendment 175 #
2020/2016(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
Amendment 176 #
2020/2016(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary to test and evaluatean adequate institutional framework, including proper regulatory and supervisory oversight, to ensure proper implementation; calls for periodic mandatory auditing of all AI systems used by law enforcement and the judiciary by an independent authority to test and evaluate the context, purpose, accuracy, performance, and scale of algorithmic systems once they are in operation, in order to detect, investigate, diagnose and rectify any unwanted and adverse effects and thereby ensure continuous compliance with the applicable regulatory framework;
Amendment 179 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Supports the recommendations of the Commission’s High-Level Expert Group on AI for a ban on AI-enabled mass scale scoring of individuals; considers that any form of normative citizen scoring on a large scale by public authorities, in particular within the field of law enforcement and the judiciary, leads to the loss of autonomy, endangers the principle of non-discrimination and cannot be considered in line with European values;
Amendment 181 #
2020/2016(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14 b. Welcomes the recommendations of the Commission’s High-Level Expert Group on AI for a proportionate use of biometric recognition technology; shares the view that the use of remote biometric identification should always be considered “high risk” and therefore be subject to additional requirements;
Amendment 182 #
2020/2016(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for a moratoriumStrongly believes that the deployment of facial recognition systems by law enforcement should be limited to clearly warranted purposes in full respect onf the deployment of facial recognition systems for law enforcement, until the technical standardapplicable law; reaffirms that as a minimum, the use of facial recognition technology must comply with the requirements of data minimisation, data accuracy, storage limitation, data security and accountability, as well as being lawful, fair, transparent and following a specific, explicit and legitimate purpose that is clearly defined in Member State or Union law; reminds that these systems are already successfully used, inter alia to search suspect databases and identify victims of human trafficking or child sexual exploitation and abuse; emphasises the need to ensure that the technical standards and underlying algorithms can be considered fully fundamental rights compliant, and that results derived are non-discriminatory, and there is public trust ; believes that this will be decisive to ensure public trust and support regarding the necessity and proportionality ofor the deployment of such technologies;
Amendment 190 #
2020/2016(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15 a. Notes that predictive policing is among the AI applications used in the area of law enforcement; acknowledges that this can allow law enforcement to work more effectively and proactively, but warns that while predictive policing can analyse the necessary data sets for the identification of patterns and correlations, it cannot answer the question of causality and therefore cannot constitute the sole basis for an intervention;
Amendment 194 #
2020/2016(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for greater overall transparency from Member States, and for a comprehensive understanregarding of the use of AI applications in the Union, broken down by Member State law enforcement and judicial authority, the type of tool in use, the types of crime they are applied to, and the companies whose tools are being used; requests Member States to provide an overview of the tools used by their law enforcement and judicial authorities, the purposes for which they are used, and the names of the companies or organizations which have developed those tools;
Amendment 197 #
2020/2016(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Reminds that AI applications, including applications used in the context of law enforcement and the judiciary, are being developed globally at a rapid pace; urges all European stakeholders, including the Commission and EU agencies, to ensure international cooperation and to engage third country partners in order to find a common and complementary ethical framework for the use of AI, in particular for law enforcement and the judiciary;
Amendment 3 #
2020/2012(INL)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that the security and defence policies of the European Union and its Member States are guided by the principles of the United Nations Charter, and by a common understanding of the universal values of the inviolable and inalienable rights of the human person, of human dignity, of freedom, of democracy, of equality and of the rule of law; highlights that all defence- related efforts within the Union framework respect these universal values whilst promoting peace, security and progress in Europe and in the world;
Amendment 23 #
2020/2012(INL)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that current and future security and defence-related activities within the Union framework will draw on AI, on robotics and autonomy, and on related technologies and that the Union must assume leading role in research and development of AI systems in security and defence field; believes that the use of AI- enabled applications in security and defence offer number of direct benefits such as higher quality collected data, greater situational awareness, increased speed for decision-making, as well as greater reliability of military equipment; recalls that AI systems are also becoming key elements in countering emerging and hybrid security threats;
Amendment 39 #
2020/2012(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Highlights that, based on a human- centric approach, the Union follows a path of responsibility and transparency, of protecting our citizens, and of defending our values, whilst seizing the opportunities that those technologies offer;
Amendment 69 #
2020/2012(INL)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the need to adopt clear safety and security provisions and requirements for AI-systems in security and defence, and carry our regular tests and verifications across the entire life cycle; underlines the necessity of ensuring compliance with applicable standards and obtained certifications where AI modifies e.g. through machine learning the functionality and behaviour of systems in which it is integrated, in order to ensure full traceability, explicability and accountability of decisions made with involvement of AI;
Amendment 109 #
2020/2012(INL)
Draft opinion
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Stresses the utmost importance of education and ethics-based training in the field of security and defence AI technologies with particular focus on ethics of semi-autonomous and autonomous operational systems based on human accountability;
Amendment 41 #
2020/2009(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas all Member States must adhere to the values enshrined in Article 2 of the Treaty on European Union
Amendment 53 #
2020/2009(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas several Member States’ position in international press freedom rankings has declined;
Amendment 62 #
2020/2009(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the threats to media freedom includes harassment and attacks aimed at journalists, disregard of their legal protection as well as media capture or politically motivated actions in the media sector;
Amendment 79 #
2020/2009(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas the COVID-19 pandemic accelerated the impact of disinformation online, sometimes with serious consequences for public health
Amendment 80 #
2020/2009(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas digital advertising revenue often benefits non-EU actors and European media revenues are in sharp decline
Amendment 108 #
2020/2009(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas genuinely independent, adequately funded public-service media operating across various platforms are key to functioning democracy in the EU
Amendment 200 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for an ambitious MFF with increased budget allocations to support media and independent journalism; stresses the importance of innovation in journalism and news media which could be fostered through EU funding
Amendment 202 #
2020/2009(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that public-service media role as trusted providers of public good and serving general public interest would be improved by appropriate and sustainable funding, free of political interference in the Member States
Amendment 240 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on all online platforms to ensure their algorithms underpinning search functions favour reliable sources and trustworthy sites over a commercial logic based on advertising; calls on the Commission to take the necessary steps to control and monitor online platforms and to ensure that they comply with this approach;
Amendment 241 #
2020/2009(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Calls on the EU institutions for strengthened and pro-active communication in all official languages when major public emergencies, such as the pandemic occur in order to ensure that European citizens have access to accurate, user-friendly and verified information;
Amendment 278 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positiveromising impact of the voluntary actions taken by service providers and platforms to counter disinformation; calls on all online platforms and other key players to join the list of signatories;
Amendment 284 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Considers that the EU Code of Practice on Disinformation could be strengthened through improved monitoring of the existing commitments, transparent and disaggregated provision of information and data by the online platforms and expansion of the existing commitments; considers that co- regulatory approach continuously reflecting current developments in the digital sphere could be a way forward;
Amendment 289 #
2020/2009(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Considers continuous media literacy curriculum and efforts across all age groups to be of significant importance when increasing societal resilience to various threats in the digital space;
Amendment 129 #
2020/0260(NLE)
Proposal for a regulation
Recital 20
Recital 20
(20) The public-private partnership in the form of the Joint Undertaking should combine the financial and technical means that are essential to master the complexity of the ever escalating pace of innovation in this area, while ensuring that JU's functioning remains simple and flexible. Therefore, the members of the Joint Undertaking should be the Union, Member States and countries associated to Horizon Europe, the Digital Europe Programme or the Connecting Europe Facility agreeing on a joint European initiative in High Performance Computing and quantum computing; and associations representing their constituent entities and other organisations with an explicit and active engagement to produce research and innovation results, to develop and deploy high performance computing or quantum computing capabilities, or contributing to address the skills gap and keep the know- how in the field of High Performance Computing and quantum computing in Europe. The Joint Undertaking should be open to new members. The Joint Undertaking should provide a favourable framework to support Participating States. In order to maximise the impact of indirect actions, the specificities of the EuroHPC JU, with its tripartite model, should be taken into consideration with regards to the management of financial contributions from Participating States.
Amendment 132 #
2020/0260(NLE)
Proposal for a regulation
Recital 25
Recital 25
(25) The Joint Undertaking should address clearly defined topics that would enable academia and European industries at large to design, develop and use the most innovative technologies in High Performance Computing and quantum computing, and to establish an integrated and federated, secure networked infrastructure across the Union with world- class High Performance Computing and quantum computing capability, high-speed connectivity and leading-edge applications and data and software services for its scientists and for other lead users from industry, including SMEs and the public sector. The Joint Uundertaking should aim be able to work in an agile, simple and flexible manner, in order to ensure that the development and use of top class technologies and infrastructures, addressing the demanding requirements of European scientific, industrial and public sector users. The Joint Undertaking should have in place a set of clear and simple rules, in particular for intellectual property, liability or in-kind contributions to additional activities, in order to enhance attractiveness for all stakeholders and in particular for industry and SMEs.
Amendment 165 #
2020/0260(NLE)
Proposal for a regulation
Recital 42 a (new)
Recital 42 a (new)
(42 a) The Joint undertaking should address the growing demand for energy caused by the increased use of HPC infrastructure, by streamlining the EuroHPC JU’s objectives with relevant strategies, policy and legislation in the energy sector.
Amendment 174 #
2020/0260(NLE)
Proposal for a regulation
Recital 49
Recital 49
(49) The Union's financial contribution should be managed in accordance with the principle of sound financial management and administrative simplification and with the relevant rules on indirect management set out in Regulation (EU, Euratom) 2018/1046. Rules applicable for the Joint Undertaking to enter into public procurement procedures should be set in its financial rules.
Amendment 177 #
2020/0260(NLE)
Proposal for a regulation
Recital 56
Recital 56
(56) The financial interests of the Union and of the other members of the Joint Undertaking should be protected by proportionate and simple measures throughout the expenditure cycle, including the prevention, detection and investigation of irregularities, the recovery of lost, wrongly paid or incorrectly used funds and, where appropriate, the application of administrative and financial penalties in accordance with Regulation (EU, Euratom) 2018/1046.
Amendment 178 #
2020/0260(NLE)
Proposal for a regulation
Recital 57
Recital 57
(57) The Joint Undertaking should operate in an simple, flexible, open and transparent way providing all relevant information in a timely manner as well as promoting its activities, including information and dissemination activities, to the wider public. The rules of procedure of the bodies of the Joint Undertaking should be made publicly available.
Amendment 179 #
2020/0260(NLE)
Proposal for a regulation
Recital 58
Recital 58
(58) For the purpose of simplification, the administrative burden should be reduced for all parties. Double audits and disproportionate amounts of documentation and reporting should be avoided. The Joint Undertaking should provide a favourable framework to support Participating States. In order to maximise the impact of indirect actions, the specificities of the EuroHPC JU, with its tripartite model, should be taken into consideration with regards to the management of financial contributions from Participating States.
Amendment 180 #
2020/0260(NLE)
Proposal for a regulation
Recital 58
Recital 58
(58) For the purpose of simplification, the administrative burden should be reduced for all parties in particular for the beneficiaries and the Joint Undertaking. Double audits and disproportionate amounts of documentation and reporting should be avoided.
Amendment 181 #
2020/0260(NLE)
Proposal for a regulation
Recital 61
Recital 61
(61) The Commission’s internal auditor should exercise the same powers over the Joint Undertaking as those exercised in respect of the Commission, while avoiding to increase administrative burden over the Joint Undertaking and its beneficiaries.
Amendment 182 #
2020/0260(NLE)
Proposal for a regulation
Recital 62
Recital 62
(62) The Commission, the Joint Undertaking, the Court of Auditors and the European Anti-Fraud Office (OLAF) and the European Public Prosecutor’s Office (EPPO) should get access to all necessary information and the premises to conduct audits and investigations on the grants, contracts and agreements signed by the Joint Undertaking, while seeking maximum administrative simplification for the beneficiaries and a decrease of their administrative burden.
Amendment 222 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
(3) The Joint Undertaking shall contribute to safeguarding the interests of the Union when procuring supercomputers and supporting the development of High Performance Computing technologies, systems and applications. It shall enable a co-design approach for the acquisition of world-class supercomputers, while safeguarding the security of the supply chain of procured technologies and systems and ensure the highest standards of cybersecurity applicable to supercomputers. It shall contribute to the Union’s technological autonomy by supporting the development of technologies and applications reinforcing the European HPC technology supply chain and promoting their integration in supercomputing systems that address a large number of societal and industrial needs.
Amendment 224 #
2020/0260(NLE)
Proposal for a regulation
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
(3 a) The Joint Undertaking shall implement its mission and objectives in a clear, simple and flexible way in order to increase attractiveness towards industry, SMEs and all relevant stakeholders.
Amendment 227 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) Infrastructure pillar, encompassing the activities for the acquisition, upgrades, deployment, and operation of the secure, hyper-connected world-class supercomputing, quantum computing and data infrastructure, including the promotion of the uptake and systematic use of research and innovation results generated in the Union.
Amendment 239 #
2020/0260(NLE)
Proposal for a regulation
Article 4 – paragraph 1 – point d – point iii a (new)
Article 4 – paragraph 1 – point d – point iii a (new)
iii a) research and innovation activities for the technological development of low- power supercomputing hardware systems and the development of the next generation of chip technology.
Amendment 261 #
2020/0260(NLE)
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
(7) The Union's financial contribution referred to in point (b) of paragraph 1 shall be used for capability building across the whole Union, including the acquisition, upgrades and operation of High Performance Computers, quantum computers or quantum simulators, the federation of the High Performance Computing and quantum computing service and data infrastructure and the widening of its use, and the development of advanced skills and training.
Amendment 264 #
2020/0260(NLE)
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
(1 a) The Joint Undertaking shall provide a favourable framework to support Participating States. In order to maximise the impact of the indirect actions, the specificities of the EuroHPC JU, with its tripartite model, shall be taken into consideration with regards to the management of financial contributions from Participating States.
Amendment 298 #
2020/0260(NLE)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
(6) The staff resources shall be set out in the staff establishment plan of the Joint Undertaking and shall adequately reflect the numbers and grades needed to ensure the highest standards of recruitments in the field, indicating the number of temporary posts by function group and by grade, as well as by the number of contract staff expressed in full-time equivalents, in accordance with its annual budget.
Amendment 300 #
2020/0260(NLE)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
(1) The activities of the Joint Undertaking shall be subject to continuous monitoring and periodic reviews in accordance with its financial rules, to ensure the highest impact and excellence, as well as the most efficient use of resources. Such monitoring and reviews shall not cause additional administrative burden neither to the Joint Undertaking nor to its beneficiaries. The outcomes of monitoring and periodic reviews shall feed into the evaluations of the Joint Undertaking as part of Horizon Europe evaluations.
Amendment 301 #
2020/0260(NLE)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
(3) Evaluations of the Joint Undertakings’ operations shall be carried out in a timely manner and without increasing the administrative burden neither for the Joint Undertakings nor for its beneficiaries, to feed into the overall interim and final evaluations of Horizon Europe and the related decision- making process as specified in Article 47 of Regulation (EU) No xxx establishing Horizon Europe.
Amendment 304 #
2020/0260(NLE)
Proposal for a regulation
Article 22 – paragraph 4
Article 22 – paragraph 4
(4) The Commission shall carry out an interim evaluation of each Joint Undertaking as part of the Horizon Europe interim evaluation, as specified in Article 47 of Regulation (EU) No xxx establishing Horizon Europe, and without causing additional administrative burden for the Joint Undertaking. This evaluation shall be performed with the assistance of independent experts on the basis of a transparent process once there is sufficient information available about the implementation of Horizon Europe, but no later than four years after the start of Horizon Europe implementation. The evaluations shall examine how the Joint Undertaking fulfils its mission according to its economic, technological, scientific, societal and policy objectives, including climate-related objectives, and evaluate the effectiveness, efficiency, relevance, coherence, and Union added value of its activities as part of Horizon Europe, its synergies and complementarities with relevant European, national and, where relevant, regional initiatives, including synergies with other parts of Horizon Europe (such as missions, clusters or thematic/specific programmes). Impacts achieved at Union and national level, taking into account the component of synergies and policy retrofitting will be given particular attention. The evaluations shall, where relevant, also include an assessment of the long-term scientific, societal, economic and policy-relevant impact of the Joint Undertaking and shall include an assessment of the most effective policy intervention mode for any future action, as well as the positioning of any possible renewal of the Joint Undertaking in the overall European Partnerships landscape and its policy priorities.
Amendment 308 #
2020/0260(NLE)
Proposal for a regulation
Article 22 – paragraph 6
Article 22 – paragraph 6
(6) TWithout causing additional administrative burden to the Joint Undertaking, the Commission may carry out further evaluations of themes or topics of strategic relevance, with the assistance of external independent experts selected on the basis of a transparent process, to examine the progress made by the Joint Undertaking towards the objectives set, identify the factors contributing to the implementation of the activities and identify best practices. By carrying out those further evaluations, the Commission shall fully consider the administrative impact on the Joint Undertaking.
Amendment 309 #
2020/0260(NLE)
Proposal for a regulation
Article 22 – paragraph 7
Article 22 – paragraph 7
(7) The Joint Undertaking shall perform periodic reviews of its activities with the minimum burden for the beneficiaries to inform the interim and final evaluations of the Joint Undertaking as part of Horizon Europe evaluations referred to in Article 47 of Regulation (EU) No xxx establishing Horizon Europe.
Amendment 310 #
2020/0260(NLE)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
(1) Ex-post audits of expenditure on actions funded by the Horizon Europe budget shall be carried out without increasing administrative burden neither for the Joint Undertaking nor for its beneficiaries in accordance with in accordance with Article 48 of Regulation (EU) No xxx establishing Horizon Europe as part of the Horizon Europe indirect actions, in particular in line with the audit strategy referred to in Article 48(2) of that Regulation.
Amendment 311 #
2020/0260(NLE)
Proposal for a regulation
Article 25 – paragraph 2
Article 25 – paragraph 2
(2) Ex-post audits of expenditure on activities funded by the Digital Europe budget shall be carried out by the Joint Undertaking in accordance with Article xxx of Regulation (EU) No xxx establishing Digital Europe Programme, without increasing administrative burden neither for the Joint Undertaking nor for its beneficiaries.
Amendment 312 #
2020/0260(NLE)
Proposal for a regulation
Article 25 – paragraph 3
Article 25 – paragraph 3
(3) Ex-post audits of expenditure on activities funded by the Connecting Europe Facility budget shall be carried out by the Joint Undertaking in accordance with Article xxx of Regulation (EU) No xxx establishing Connecting Europe Facility as part of the Connecting Europe Facility actions, without increasing administrative burden neither for the Joint Undertaking nor for its beneficiaries.
Amendment 1 #
2019/2176(INI)
Motion for a resolution
Citation 1
Citation 1
- having regard to its previous resolutions on Turkey, in particular those of 13 March 2019 on the 2018 Commission Report on Turkey1 , of 19 September 2019 on the situation in Turkey, notably the removal of elected mayors2 , of 24 October 2019 on the Turkish military operation in northeast Syria and its consequences3 , and of 17 September 2020 on the preparation of the special European Council summit focusing on the dangerous escalation and the role of Turkey in the Eastern Mediterranean4 , and of 26 November 2020 on escalating tensions in Varosha following the illegal actions by Turkey and the urgent need for the resumption of talks5a; _________________ 1 Texts adopted, P8_TA(2019)0200. 2 Texts adopted, P9_TA(2019)0017. 3 Texts adopted, P9_TA(2019)0049. 4 Texts adopted, P9_TA(2020)0230. 5a Texts adopted, P9_TA(2020)0332.
Amendment 9 #
2019/2176(INI)
Motion for a resolution
Citation 5
Citation 5
- having regard to the Negotiating Framework for Turkey of 3 October 2005, and to the fact that, as is the case for all accession countries, Turkey’s accession to the EU depends on full compliance with the Copenhagen criteria, and to the need to normalize its relations with all EU Member States, including the Republic of Cyprus;
Amendment 12 #
2019/2176(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
- having regard to the declaration issued by the European Community and its Member States on 21 September 2005, following the declaration made by Turkey upon signature on 29 July 2005 of the Ankara Protocol, including the provision that recognition of all Member States is a necessary component of the accession process, and to the need for Turkey to fully implement the Additional Protocol to the Ankara Agreement in relation to all Member States, by removing all obstacles to the free movement of goods, without restrictions or discrimination;
Amendment 13 #
2019/2176(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
- having regard to the Council’s decision of July 2019 to suspend negotiations with Turkey on the Comprehensive Air Transport Agreement;
Amendment 17 #
2019/2176(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
- having regard to the decision of the European Investment Bank to heavily restrict its lending operations in Turkey;
Amendment 20 #
2019/2176(INI)
Motion for a resolution
Citation 6
Citation 6
- having regard to the Council conclusions of 26 June 2018 and 18 June 2019 on enlargement and stabilisation and association process, to the Council Conclusions of 15 July and 14 October 2019 on Turkey’s illegal drilling activities in the Eastern Mediterranean, to the European Council conclusions of 12 December 2019, 1-2 and 15-16 October 2020, to the statements of the EU Foreign Ministers of 15 May 2020 and 14 August 2020 on the situation in the Eastern Mediterranean, to the outcome of the informal meeting of EU Foreign Ministers (Gymnich) of 28 August 2020, and to all previous relevant Council and European Council conclusions,
Amendment 37 #
2019/2176(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas Turkey has been linked to the EU by an Association Agreement since 1964 and a Customs Union was established in 1995, the European Council granted the status of candidate country to Turkey in December 1999 and accession negotiations were opened in October 2005;
Amendment 40 #
2019/2176(INI)
Motion for a resolution
Recital A
Recital A
A. whereas beingTurkey is a candidate country presumes a willingnessand an important partner of the EU and is expected to uphold the highest standards of democracy, respect of human rights and rule of law including compliance with international conventions and whereas this presumes the commitment to progressively approachlign in all aspects with the values, interests, standards and policies and the acquis of the EU;
Amendment 52 #
2019/2176(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. Whereas Turkey is a NATO ally and should be encouraged to act in line with the NATO Treaty which states that members should refrain in their international relations from the threat or use of force in any manner inconsistent with the purposes of the United Nations;
Amendment 74 #
2019/2176(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in spite of this principled stance by Parliament and all of the current circumstances, the European Council, in its conclusions of 1-2 October 2020, offered Turkey a renewed and broad positive agenda, provided that constructive efforts by Turkey to stop illegal activities vis-à-vis Greece and Cyprus are sustained, in a further attempt to restore our relations;
Amendment 80 #
2019/2176(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas, the European Council, in the same conclusions, highlighted that, in case of renewed unilateral actions or provocations in breach of international law by Turkey, the EU will use all the instruments and the options at its disposal, including in accordance with Article 29 TEU and Article 215 TFEU, in order to defend its interests and those of its Member States, and take decisions as appropriate at the latest at its December meeting;
Amendment 104 #
2019/2176(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with concern that Turkey’s continuous and growing distancing from European values and standards has brought EU-Turkey relations to a historical low point, having deteriorated to such an extent that it requires both parties to profoundly reassess the current framework of relations which should effectively solve the root causes of the current conflicts;
Amendment 115 #
2019/2176(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that Turkey’s lack of commitment to carrying out the reforms assumed in the accession process has made the latter inadequate to frame a complex relationship that has progressively become more transactional and driven by circumstances; notes that within the framework of accession negotiations, only 16 of the 35 chapters had been opened and only the chapter of Science and Research was provisionally closed on 12 June 2006; stresses that Turkey's accession negotiations have therefore effectively come to a standstill and no further chapters can be considered for opening or closing;
Amendment 121 #
2019/2176(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about the further weakened credibility of the Turkish monetary policy after the dismissal of the Central Bank of the Republic of Turkey (CBRT) and recurrent political pressure; stresses that Turkey’s accession to the EU depends on full compliance with the Copenhagen criteria;
Amendment 137 #
2019/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is deeply concerned that, over the years, the lack of progress in Turkey’s convergence has now transformed into a full withdrawal, marked by a stark regression in three main areas: backsliding on the rule of law and fundamental rights, adopting regressive institutional reforms and pursuing a confrontational foreign policy; is further concerned by the fact that this regression has increasingly been accompanied by an explicit anti-EU narrative at times; calls, in this context, on Turkey to reassess the sincerity of its commitment to the EU path, as an indispensable component of the viability of the entire accession process;
Amendment 147 #
2019/2176(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses that no incentive that the EU could offer can ever replace the much- needed political will to build a mature democracy and, in turn, become a member of the EU;
Amendment 174 #
2019/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets the current lack of understanding between the EU and Turkey, but reaffirms its firm conviction that Turkey ithe EU has a strategic neighbour and ally with which the EU wishes to have the best possible relations; interest in a stable and secure environment in the Eastern Mediterranean and in the development of a cooperative and mutually beneficial relationship with Turkey with which the EU should build the best possible relations; Pursuing dialogue in good faith and abstaining from unilateral actions which run counter to the EU interests and violate international law, the sovereignty and the sovereign rights of EU Member States is an absolute requirement in this regard;
Amendment 197 #
2019/2176(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Expresses its will to strengthen and deepen mutual knowledge and understanding between Turkish and European societies, combating all manifestations of social, religious or cultural prejudice; expresses its full commitment to continue supporting Turkey’s independent civil society in whatever circumstances and framework of relations that the future may bring; believes, nevertheless, that the accession process would still be the mostrecommends to support the next generation through extended participation in the Erasmus + program and Jean Monnet scholarships to support research cooperation and the common fight against climate change and for the protection of the environment and last but not least to support the empowerment of women in society and business; believes, nevertheless, that the perspective to a new and clearly defined partnership can be a powerful tool to exercise normative pressure on the Turkish government and the besta framework to sustain the democratic and pro-European aspirations of Turkish society; stresses that a purely transactional relationship will hardly contribute to the advancement of Turkey towards a more democratic model;
Amendment 219 #
2019/2176(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Believes that this fundamental area, which is at the core of the accession process, cannot be disconnected and isolated from overall relations and that it remains along with the full respect of international law and the fundamental principle of good neighbourly relations and regional cooperation, the main obstacles to progress on any positive agenda that could be offered to Turkey;
Amendment 230 #
2019/2176(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with deep concern that, despite the formal lifting of the state of emergency in July 2018, its impact on democracy and fundamental rights continues to be strongly felt; , as, inter alia, a plethora of legal provisions and restrictive elements of the emergency rule have been integrated into law
Amendment 254 #
2019/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy; reiterates its firm condemnation of the violence by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002; regrets that the current overly broad anti- terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy;
Amendment 310 #
2019/2176(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Is concerned about the remained and widespread corruption; stresses that the report states that no sign of progress in addressing the many gaps in the Turkish anti-corruption framework was found, calls on Turkey to present an effective anti-corruption strategy and action plan;
Amendment 356 #
2019/2176(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Notes that EU funding to Turkey will be subject to rules on conditionality, including for respecting the principles of the United Nations Charter, international law and European values and principles;
Amendment 369 #
2019/2176(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Condemns the Turkish government's callous action against religious minorities, such as the monastics of Mor Gabriel and other monasteries in south eastern Turkey, which are obliged to do the impossible, namely the production of pre-Medieval property papers of all lands, on pain of confiscation;
Amendment 374 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities; condemns the pervasive hate-speech against LGBTI people, especially when done by high-level political and religious figures; condemns the lack of proper investigation, prosecution and sanction of hate speech, both online and offline, and of hate crime; calls on authorities and officials to firmly condemn all acts of violence and hate speech against minorities and vulnerable groups and to investigate and prosecute them effectively;
Amendment 379 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities; recalls that the representation of women in Parliament remained low, in casu 17.3%.
Amendment 390 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Urges the Turkish authorities to end the protracted bans on Pride marches in several cities; calls on the Turkish authorities to ensure that the right to freedom of assembly and association, as enshrined in Article 11 of the European Convention on Human Rights, can be effectively enjoyed, without discrimination on grounds of sexual orientation or gender identity, in respect of the recommendation of the Committee of Ministers of the Council of Europe;1a _________________ 1a https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectID=09000016805cf40a
Amendment 396 #
2019/2176(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Strongly condemns the Turkish decision to convert such an emblematic World Cultural Heritage Monument, as Hagia Sophia Museum, to a mosque and calls on the Turkish authorities to urgently reverse their decision;
Amendment 445 #
2019/2176(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned aboutStrongly condemns the ever more frequent use of a hyper-nationalist narrative among the ruling elite that increasingly gives rise to antagonistic approaches towards the EU or its Member States; is concerned about the increasing clout of religious conservatism in political lifacknowledges that Turkey remains a secular state;
Amendment 451 #
2019/2176(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Calls on the Turkish government to respect and fully implement the legal obligations deriving from the Conventions to which it is a contracting party, and to halt the destruction of the cultural heritage in the occupied areas of Cyprus; calls on Turkey to ratify the 2005 UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions; calls on Turkey to cooperate with the relevant international organisations, especially the Council of Europe, in preventing and combating illicit trafficking and the deliberate destruction of cultural heritage;
Amendment 463 #
2019/2176(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Strongly condemns the removal of 47 democratically elected mayors from office on the basis of questionable evidence and, in particular, their arbitrary replacement by unelected trustees appointed by the central government; strongly believes these unlawful decisions constitute a direct attack on the most basic principles of democracy, depriving millions of voters of their democratically elected representation;
Amendment 477 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by TurkeyTurkey played and still plays in responding to the migration crisis resulting from the war in Syria; notes that the challenges in addressing this crisis have increased due to the COVID-19 pandemic; takes the view that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU- - Turkey Statementcooperation on refugees and migration matters and underlines the importance of both parties’sides to compliancey with their respective commitments;
Amendment 494 #
2019/2176(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Is alarmed by the fact that Turkey’s foreign policy increasingly collides with the priorities and goals of EU’s common foreign and security policy; notes with deep concern that the rate of Turkey’s alignment with the common foreign policy of the EU is constantly deteriorating and is at present reduced to 14%, which is a historic low;
Amendment 514 #
2019/2176(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Stresses that a modernisation of the Customs Union could be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisage any modernisation of the Customs Union given the current circumstances; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member States;
Amendment 543 #
2019/2176(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is deeply concerned by the ongoing dispute in the Eastern Mediterranean and the related risk of a military escalation;s; strongly condemns Turkey’s illegal activities in Greek and Cypriot waters, which violate both the sovereign rights of EU Member States and international law; expresses its full solidarity with Greece and the Republic of Cyprus; urges Turkey to engage in the peaceful settlement of disputes and to refrain from any unilateral and illegal action or threat; urges Turkey to engage in the peaceful settlement of disputes and to refrain from any unilateral and illegal action or threat, as that could have a negative impact on good neighbourly relations;
Amendment 561 #
2019/2176(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. CStrongly condemns the partial reopening of Varosha beach, which violates international law and UN Security Council Resolutions 550 and 789 and undermines mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive resolution of the Cyprus issue; underlines the importance of the status of Varosha and calls on Turkey to immediately reverse this action; reiterates its support for a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality, as set out in the relevant UN Security Council resolutions, in accordance with International law, the EU acquis and the principles on which the Union is founded;
Amendment 635 #
2019/2176(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. RegretsCondemns the fact that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co-operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of one of the sides in the recent conflict in Nagorno-Karabakh;
Amendment 663 #
2019/2176(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States; invites Turkey to engage in a dialogue
Amendment 688 #
2019/2176(INI)
Motion for a resolution
Paragraph 33 a (new)
Paragraph 33 a (new)
33a. Takes into account not only the absence of any progress in engaging with Turkey, but also the renewed escalation on the Turkish side by unilateral actions and provocations in breach of international law by the latter, and calls on the Council to develop a list of further restrictive measures that should be sectoral and targeted; in this spirit, recalls the European Council’s conclusions of 1- 2 October 2020 that the EU will use all the instruments and the options at its disposal, including in accordance with Articles 29 TEU and 215 TFEU, in order to defend its interests and those of its Member – States;
Amendment 1 #
2019/2170(INI)
Motion for a resolution
Citation -1 a (new)
Citation -1 a (new)
- having regard to the EU-Albania Stabilisation and Association Agreement,
Amendment 2 #
2019/2170(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
- having regard to the European Council conclusions of 19-20 June 2003 and the Thessaloniki Agenda for the Western Balkans,
Amendment 15 #
2019/2170(INI)
Motion for a resolution
Citation 12 c (new)
Citation 12 c (new)
- having regard to its recommendation of 19 June 2020 to the Council, the Commission and the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy on the Western Balkans, following the 2020 summit (2019/2210(INI)),
Amendment 18 #
2019/2170(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas enlargement is one of the EU’s most effective foreign policy instruments contributing to extending the reach of the Union’s fundamental values of respect for human dignity, freedom, democracy, the rule of law, fostering peace and respect for human rights;
Amendment 25 #
2019/2170(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the merit-based prospect of full EU membership is in the Union's own political, security and economic interests, the quality and dedication to the necessary reforms determine the timetable for accession; whereas consistent efforts on the key reforms require the joint engagement of all stakeholders;
Amendment 51 #
2019/2170(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Emphasises the importance of the integration process as a catalyst for reforms, and welcomes the support which this process enjoys among the Albanian people;
Amendment 53 #
2019/2170(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Stresses the need to improve the visibility and communication concerning EU aid and Union financing in Albania; in this regard, reminds of the performance reward under the Instrument for Pre-Accession Assistance to North Macedonia and Albania and notably the substantial support the EU has provided to the Western Balkans to fight the COVID-19 pandemic;
Amendment 58 #
2019/2170(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Supports the convening of the first intergovernmental conference without further delay once all conditions set by the Council are fulfilled and, following the adoption of the negotiating framework by the Council;
Amendment 64 #
2019/2170(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that progress in accession under the revised enlargement methodology depends on lasting, in-depth and irreversible reforms across fundamental areas, in particularstarting with the rule of law and, the fight agaunctioning of democratic institutions and public administ corruptionration as well as the economy of the candidate country;
Amendment 80 #
2019/2170(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that the general elections of 25 April 2021 will be key for the country’s democratic consolidation; reminds that free and fair elections are a fundamental prerequisite for EU integration;
Amendment 84 #
2019/2170(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the importance of implementing the electoral reform measures codified in July 2020, which are in line with the OSCE Office for Democratic Institutions and Human Rights (OSCE/ODIHR) ) and Council of Europe recommendations; welcomstresses the commitmentimportance to implement the forthcoming Venice Commission opinion regarding the amendments to the Electoral Code adopted in October 2020; deplores the breach of the 5 June 2020 agreement, and that the Albanian Parliament passed the disputed legislation, despite repeated calls by the international community to await the opinion of the Venice Commission;
Amendment 92 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for the most pressing recommendations of the Venice Commission to be adopted and implemented in due time before the upcoming general elections;
Amendment 96 #
2019/2170(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Recalls that the prosecution of vote riggers was a condition set by the Council that Albania need to fulfil prior to opening accession negotiations; is concerned about impunity, as alleged cases have not reached court and no arrests have yet been made;
Amendment 102 #
2019/2170(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. EncouraUrges Albania to swiftly complete the relevant steps towards re-establishing the Constitutional Court’s ability to function fully and efficiently, and urges all involved to swiftly conclude the appointment process;
Amendment 107 #
2019/2170(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the fact that the High Court has partly regained its ability to function and that it has been reviewing more than a thousand cases, and encourages it to make further progress in the appointment of additional judges; underlines the need to support the effective functioning of these institutions by means of adequate human resources and funding;
Amendment 117 #
2019/2170(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the creation of anti- corruption bodies and the fact that sustained investigations are being carried out by the newlysuch as the established Special Anti- Corruption and Organised Crime Structure (SPAK), and indictments are being handed down by the Anti-Corruption and Organised Crime Courts, and; now calls for the courts to be operational and to effectively and proactively address high-level corruption; therefore stresses the need of adequate resources and cooperation between these new structures and with other prosecution and judicial entities; underlines the need to maintain their independence and effectiveness in fighting impunity;
Amendment 120 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Deplores that the overall resources of law enforcement authorities are insufficient;
Amendment 121 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Is concerned about the current practice that the State Police may receive private donations and sponsorship; calls for adequate evaluation and strict regulations to limit the risks of corruption or conflicts of interest;
Amendment 123 #
2019/2170(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Calls for concrete integrity plans to be swiftly adopted and implemented within all ministries, as foreseen in the Inter-Sectorial Strategy against corruption and the Action Plan for its implementation;
Amendment 132 #
2019/2170(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for the efforts to dismantle local and international criminal networks, and to eliminate drug production and trafficking, to be intensified further, building on the significant efforts of recent years; welcomes the increased cooperation with Europol and the law enforcement institutions of EU Member States, and encourages the Albanian authorities to swiftly finalise the posting of an Albanian liaison prosecutor to the European Union Agency for Criminal Justice Cooperation (Eurojust); recommends Albania to adopt a new strategy and action plan on drugs, including to fill-in the legislative gap on drug precursors;
Amendment 143 #
2019/2170(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Stresses the need for sufficient human, technical and financial resources to relevant actors, such as the Ombudsman and the Commissioner for Protection from Discrimination (CPD), and their work on human rights promotion and protection;
Amendment 145 #
2019/2170(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for the creation of an effective mechanism for the prevention of gender- based and domestic violence including violence against children, and for protection and support to be given to its victims, combined with the effective and efficient prosecution of its perpetrators;
Amendment 151 #
2019/2170(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reminds Albania of its calls for further improvements to be made in the education and health, and the employment rates and living and health conditions of Roma and other ethnicpeople with disabilities and other ethnic minorities, notably the Roma minority - as one of the most marginalized minorities;
Amendment 178 #
2019/2170(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses that border protection and the prevention of cross-border crime, including in cooperation with the European Border and Coast Guard Agency (Frontex), must be a priority and conducted in full respect for fundamental rights;
Amendment 183 #
2019/2170(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Welcomes the ongoing measures and calls for further progress to be made in considerably reducing irregular migration and the number of unfounded asylum claims by Albanian nationals, including the arrivals of unaccompanied minors, in the EU Member States;
Amendment 191 #
2019/2170(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Recalls the importance of ensuring quality journalism and media literacy for the functioning of democracy and in tackling disinformation; is very concerned about the nefarious allegations that disinformation is a common bludgeon deployed against investigative journalists, civil society activists and others seeking to hold powerful interests to account;
Amendment 201 #
2019/2170(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Expresses grave concern about the proposed measures under the draft media law and welcomes the commitment to adopt amendments only if they are assessed as being fully in line with the Venice Commission’s recommendations; regrets, however, that the Venice Commission recommendations are not yet adopted;
Amendment 208 #
2019/2170(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses the need to substantiallyEncourages the Albanian authorities to strengthen social care coverage and improve access to social and healthcare services especially for vulnerable communities;
Amendment 226 #
2019/2170(INI)
Motion for a resolution
Paragraph 42
Paragraph 42
42. Encourages the diversification of energy production, moving fromensuring environmentally sound investments in hydropower towards, wind and solar sources; urges the authorities to minimise the impact on biodiversity by restricting hydropower development in protected areas; underlines the need to improve both environmental and impact assessments across eco- sensitive sectors and boost the prosecution of environmental crimes;
Amendment 253 #
2019/2170(INI)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Welcomes Albania’s unremittongoing efforts in promoting good neighbourly relations and regional integration;
Amendment 262 #
2019/2170(INI)
Motion for a resolution
Paragraph 49
Paragraph 49
49. Welcomes Albania’s ongoing full alignment with the common foreign and security policy decisions and declarations since 2012 and its active contribution to the EU crisis management missions and operations; commends Albania’s active participation in military crisis management missions under the common security and defence policy, as well as its active contribution to NATO missions of strategic importance to the EU;
Amendment 343 #
2019/2136(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Stresses that strengthening substantial relations with East and Southeast Asia is essential to the EU's rules-based, comprehensive and sustainable Connectivity Strategy; takes note of the military build-up in the region and calls for all parties involved to respect the freedom of navigation, to solve differences through peaceful means and to refrain from taking unilateral actions to change the status quo, including in the East and South China Seas and the Taiwan Strait; expresses concern that foreign interferences from autocratic regimes through disinformation and cyber-attacks on the upcoming general elections threaten Asian democracies and regional stability; reiterates its support for Taiwan’s meaningful participation in international organisations, mechanisms and activities;
Amendment 58 #
2019/2135(INI)
4 a. Stresses that strengthening substantial relations with East and Southeast Asia is essential to the EU's rules-based, comprehensive and sustainable Connectivity Strategy; takes note of the military build-up in the region and calls for all parties involved to respect the freedom of navigation, to solve differences through peaceful means and to refrain from taking unilateral actions to change the status quo, including in the East and South China Seas and the Taiwan Strait; expresses concern that foreign interferences from autocratic regimes through disinformation and cyber-attacks on the upcoming general elections threaten Asian democracies and regional stability; reiterates its support for Taiwan’s meaningful participation in international organisations, mechanisms and activities;
Amendment 88 #
2019/2125(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas democratic transition and the establishment or consolidation of the rule of law are embodied in the EU’s policies in the context of enlargement and neighbourhood;
Amendment 147 #
2019/2125(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses the importance of fully considering the specialfic needs of persons with disabilities; calls for the EU to incorporate the fight against disability discrimination into its external action and development aid policies;
Amendment 159 #
2019/2125(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes that the number of persons forcibly displaced in 2018 exceeded 70 million, of whom 26 million were refugees3 ; takes the view that wars, conflicts, political oppression, poverty and food insecurity, uneven economic development condit41 million internally displaced and 3,5 millions and the adverse effects of climate change on the world’s poorest countries in particular, fuel the risks of triggering new conflicts and the further displacement of populationsylum seekers[1], in addition, 12 million people globally are stateless; __________________ 3UNHCR – Global Trends 2018 report (19 June 2019).
Amendment 168 #
2019/2125(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Takes the view that wars, conflicts, political oppression, poverty and food insecurity, uneven economic development conditions and the adverse effects of climate change - on the world’s poorest countries in particular -, fuel the risks of triggering new conflicts and the further displacement of populations;
Amendment 241 #
2019/2125(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls for the EU and its Member States to use all their political weight to prevent any act that could be considered genocide, a war crime or a crime against humanity from taking place, to respond in an efficient and coordinated manner in cases where such crimes occur, to mobilise all necessary resources to bring to justice all those responsible, to assist the victims and to support stabilisation and reconciliation processes; calls on the international community to set up instruments to minimise the warning- response gap in order to prevent the emergence, re-emergence and escalation of violent conflicts, such as the EU’s early warning system;
Amendment 360 #
2019/2125(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
24a. Regrets that many countries still criminalise homosexuality, including some which provide for the death penalty; believes that practices and acts of violence against individuals on the basis of their sexual orientation should not go unpunished and must be eliminated;
Amendment 369 #
2019/2125(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes with great concern the scale and consequences of caste-based discrimination and the perpetuation of caste-based human rights violations, including the denial of access to the legal system or employment, continued segregation, poverty, and stigmatisation; calls for the adoption of an EU instrument for the prevention and elimination of caste-based discrimination;
Amendment 393 #
2019/2125(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission, the EEAS and the Member States to step up advocacy in relation to FoRB, and to launch interreligious dialogue with states and representatives of civil society and faith groups in order to prevent acts of violence and discrimination against persons on the grounds of thought, conscience, religion or belief; calls for the EU to continue to forge alliances and to enhance cooperation with a broad range of countries and regional organisations, in order to deliver positive change in relation to FoRB; reminds the Council and Commission of the need to adequately support the institutional mandate, capacity and duties of the Special Envoy for the promotion of FoRB outside the EU by extending the mandate to a multi-year term and by establishing a collaboration with all relevant EU institutions; fully supports the EU practice of taking the lead on thematic resolutions on the UNHRC and the UNGA on FoRB;
Amendment 422 #
2019/2125(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
25a. Reaffirms, moreover, the importance of promoting corporate social responsibility and the importance of European enterprises playing a leading role in promoting international standards on business and human rights; emphasises that cooperation between human rights and business organisations empowers local actors and promotes civil society;
Amendment 1 #
Amendment 6 #
2018/0902R(NLE)
Motion for a resolution
Citation 7
Citation 7
— having regard to its resolutions of 16 January 2020 and 5 May 2022 on ongoing hearings under Article 7(1) of the TEU regarding Poland and Hungary2 , _________________ 2 OJ C 270, 7.7.2021, p. 91.
Amendment 40 #
2018/0902R(NLE)
Motion for a resolution
Recital G a (new)
Recital G a (new)
Ga. Whereas on 20 July 2020, the Council recommended in its opinion on the 2020 Convergence Programme of Hungary to ensure that any emergency measures be strictly proportionate, limited in time and in line with European and international standards and do not interfere with business activities and the stability of the regulatory environment, to ensure effective involvement of social partners and stakeholders in the policy- making process;
Amendment 41 #
2018/0902R(NLE)
Motion for a resolution
Recital G b (new)
Recital G b (new)
Gb. Whereas on 25 September 2020, in its second interim compliance report, the Group of States against Corruption (GRECO) welcomed the amendments to the Act on the National Assembly to make the provisions prohibiting or restricting members of parliament (MPs) to engage in certain activities more operational by providing for clearer consequences in case these matters are not resolved by the MP in question; however, more determined measures remained necessary to improve the current integrity framework of Parliament, in particular to improve the level of transparency and consultation in the legislative process (including the introduction of rules on interactions with lobbyists), to adopt a code of conduct for MPs (covering in particular various situations that could lead to a conflict of interest), to further develop rules obliging MPs to disclose in an ad-hoc manner potential conflicts between their parliamentary work and their private interests, to ensure a uniform format of asset declarations and to review the broad immunity enjoyed by MPs as well as to ensure the effective supervision and enforcement of rules of conduct, conflict of interest and asset declarations;
Amendment 43 #
2018/0902R(NLE)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. Whereas on 20 November 2020, in her statement, the Commissioner for Human Rights of the Council of Europe urged Hungary’s Parliament to postpone the vote on draft bills fearing that several proposals contained in the complex legislative package, submitted without prior consultation and relating to matters including the functioning of the judiciary, election law, national human rights structures, scrutiny over public funds, and the human rights of LGBTI people, could serve to undermine democracy, the rule of law and human rights in Hungary; whereas on 2 July 2021, in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission noted with concern that the constitutional amendments were adopted during a state of emergency, without any public consultation, and the explanatory memorandum consists of only three pages; whereas the Venice Commission also indicated that Articles 6 and 9, and 11 of the Ninth Amendment amending the Fundamental Law of Hungary relating to declarations of war, control of the Hungarian Defence Forces, and the “special legal order” that pertains to state of war, state of emergency and state of danger mainly leave the specification of most details to Cardinal Acts, which could eventually raise some serious questions regarding the scope of the powers of the State during states of exception; whereas, as concerns the abolition of the National Defence Council and the entrusting of its powers to the government, the Venice Commission indicated that, while it is not contrary as such to European standards, it leads to a concentration of emergency powers in the hands of the executive which cannot be considered an encouraging sign, notably in the absence of any clarification in the explanatory memorandum for the ratio or the necessity of such modification; whereas the pending proposal for a constitutional amendment expands the government’s mandate to declare a state of danger to cases of an armed conflict, war or humanitarian disaster in a neighbouring country;
Amendment 44 #
2018/0902R(NLE)
Gd. Whereas on 12 February 2021, the Congress of Local and Regional Authorities of the Council of Europe noted a generally negative situation in terms of local and regional self- government, due to a general failure to comply with the European Charter of Local Self-Government and expressed concerns about a clear trend towards recentralisation, a lack of effective consultation and significant interference by the State in municipal functions; whereas it highlighted certain shortcomings in the situation of local self- government in the country, such as a lack of financial resources available to local authorities and their inability to recruit high quality staff;
Amendment 45 #
2018/0902R(NLE)
Motion for a resolution
Recital G e (new)
Recital G e (new)
Ge. Whereas on 18 October 2021, in their joint opinion on the 2020 amendments to electoral legislation, the Venice Commission and the OSCE/ODIHR stressed that the speed and the lack of meaningful public consultations are particularly worrisome when they concern electoral legislation, which should not be seen as a political instrument; they also made the key recommendation to amend Section 3 and Section 68 of the Act CLXVII of 2020 on the Amendment of Certain Acts relating to Elections, by significantly reducing the number of single-member constituencies and the number of counties in which each party needs to nominate candidates simultaneously in order to be able to run a national list of candidates, as well as a number of further recommendations;
Amendment 46 #
2018/0902R(NLE)
Motion for a resolution
Recital G f (new)
Recital G f (new)
Gf. Whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission stated that the 3 April parliamentary elections and referendum were well administered and professionally managed but marred by the absence of a level playing field; whereas contestants were largely able to campaign freely, but while competitive, the campaign was highly negative in tone and characterized by a pervasive overlap between the ruling coalition and the government, and he lack of transparency and insufficient oversight of campaign finances further benefited the governing coalition; the manner in which many election disputes were handled by election commissions and courts fell short of providing effective legal remedy;
Amendment 50 #
2018/0902R(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Hungarian justice system performs well in terms of the length of proceedings and has a high level of digitalisation, and that the gradual increase in the salaries of judges and prosecutors continues; whereas, as regards judicial independence, the justice system has been subject to new developments adding to existing concerns: the new rules allowing for the appointment of members of the Constitutional Court to the Supreme Court (Kúria) outside the normal procedure have been put into practice and have enabled the election of the new Kúria President, whose position was also endowed with additional powers and who was elected despite an unfavourable opinion from the National Judicial Council (NJC); whereas the recommendation to strengthen judicial independence, made in the context of the European Semester, remains unaddressed, including the need to formally reinforce the powers of the independent NJC to enable it to counterbalance the powers of the President of the National Office for the Judiciary (NOJ); whereas the nomination of the new Kúria President was rejected by the NJC with 13 votes against and1 in favour;
Amendment 51 #
2018/0902R(NLE)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. Whereas on 23 November 2021, in Case C-564/19IS (Illégalité de l’ordonnance de renvoi), the CJEU ruled that Article 267 TFEU must be interpreted as precluding the supreme court of a Member State from declaring, following an appeal in the interests of the law, that a request for a preliminary ruling which has been submitted to the CJEU under Article 267 TFEU by a lower court is unlawful on the ground that the questions referred are not relevant and necessary for the resolution of the dispute in the main proceedings, without, however, altering the legal effects of the decision containing that request; whereas the principle of the primacy of EU law requires that lower court to disregard such a decision of the national supreme court; whereas Article 267 TFEU must be interpreted as precluding disciplinary proceedings from being brought against a national judge on the ground that he or she has made a reference for a preliminary ruling to the CJEU under that provision;
Amendment 52 #
2018/0902R(NLE)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. Whereas on 14 December 2018, in her statement the Commissioner for Human Rights of the Council of Europe called on Hungary’s President to return to the Parliament the legislative package on administrative courts; whereas on 19 March 2019, in its opinion on the Law on administrative courts and the Law on the entry into force of the Law on administrative courts and certain transitional rules, the Venice Commission stated that the major drawback is that very extensive powers are concentrated in the hands of a few stakeholders and there are no effective checks and balances to counteract those powers;
Amendment 53 #
2018/0902R(NLE)
Motion for a resolution
Recital H c (new)
Recital H c (new)
Hc. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe noted that a series of reforms of the judiciary in Hungary during the 2010s have drawn concern about their effects on the independence of the judiciary, and in the ordinary court system, questions about the effectiveness of the supervision exercised by the NJC over the President of the NJO have been raised by the recent anomalies observed in the relationship between these judicial institutions with reference to appointment procedures; whereas, while welcoming the recent amendments made to the original legislation on the administrative courts in response to the opinion of the Venice Commission, the Commissioner was not persuaded that the amendments are sufficient in addressing the serious concerns identified by the Venice Commission;
Amendment 55 #
2018/0902R(NLE)
Motion for a resolution
Recital H e (new)
Recital H e (new)
He. Whereas on 28 November 2019, in her statement the Commissioner for Human Rights of the Council of Europe urged the Hungarian Parliament to modify a bill affecting the independence of the judiciary; whereas the Commissioner considered that the provisions opening the possibility of administrative authorities to introduce constitutional complaints following unfavourable rulings by the ordinary courts raise concerns about upholding fair trial guarantees for the individual complainant and, coupled with the proposed changes on the qualifications and appointments of judges and the uniformity of jurisprudence, the legislative measures also run the risk of diminishing the independence of individual judges in their core duties and of creating excessive hierarchies within the judicial system;
Amendment 56 #
2018/0902R(NLE)
Motion for a resolution
Recital H f (new)
Recital H f (new)
Hf. Whereas on 16 October 2021, in its opinion on the amendments to the Act on the Organisation and Administration of the Courts and the Act on the Legal Status and Remuneration of Judges, adopted by the Hungarian Parliament in December 2020, the Venice Commission reiterated the recommendations expressed in its 2012 opinion which have not been addressed by the authorities as to the role of the President of the NOJ; whereas the Venice Commission also recommended setting up clear, transparent and foreseeable conditions for the seconded judges to be assigned to a higher position after the period of secondment; whereas the Venice Commission made several recommendations related to the allocation of cases, the power of the President of the Kúria to increase the members of adjudicating panels, the uniformity decisions and the composition of chambers in the uniformity complaint procedure; whereas the Venice Commission also observed that the regime of appointment of the President of the Kúria introduced with the 2019 amendments could pose serious risks of politicisation and important consequences for the independence of the judiciary, or the perception thereof by the public, considering the crucial role of this position in the judicial system;
Amendment 57 #
2018/0902R(NLE)
Motion for a resolution
Recital H g (new)
Recital H g (new)
Hg. Whereas on 25 September 2020, in its second interim compliance report GRECO noted that, as regards judges, no further progress has been reported regarding the three remaining non- implemented recommendations, and GRECO’s findings on the powers of the President of the NJO (both as regards the process of appointing or promoting candidates for judicial positions and the process of re-assigning judges) remain of special significance; as regards prosecutors, GRECO welcomed the entry into force of legislative amendments making the involvement of a disciplinary commissioner compulsory in disciplinary proceedings, however, without saying that recommendation xvii had now been complied with; no progress had been achieved regarding the prolongation of the term of the Prosecutor General, the broad immunity enjoyed by prosecutors and the development of criteria to guide the removal of cases from subordinate prosecutors;
Amendment 58 #
2018/0902R(NLE)
Motion for a resolution
Recital H h (new)
Recital H h (new)
Hh. Whereas on 15 April 2021, in his communication with the government of Hungary, the UN Special Rapporteur on the independence of judges and lawyers considered that the appointment of the President of the Kúria may be regarded as an attack to the independence of the judiciary and as an attempt to submit the judiciary to the will of the legislative branch, in violation of the principle of separation of powers; whereas the Special Rapporteur also highlighted that the fact that the President of the Kúria was elected in spite of the manifest objection of the NJC is of particular concern, and the decision to ignore the negative opinion expressed by the NJC may be interpreted as a political statement by the ruling majority that does not consider itself bound to respect judicial independence by abiding to, or at least taking into account the views expressed by the body constitutionally assigned to safe guard the independence of courts and judges; whereas according to the Special Rapporteur, the main effect – if not the main goal – of the reforms of the judicial system has been to hamper the constitutionally protected principle of judicial independence and to enable the legislative and executive branches to interfere with the administration of justice;
Amendment 59 #
2018/0902R(NLE)
Motion for a resolution
Recital H i (new)
Recital H i (new)
Hi. Whereas on 2 December 2021, in its decision concerning the pending enhanced supervision of the execution of the European Court of Human Rights’ (ECtHR) judgments in Gazsó group v. Hungary, the Committee of Ministers of the Council of Europe recalled that this group of cases, the first of which became final in 2003, concerns the structural problem of excessive length of civil, criminal and administrative proceedings and the lack of effective domestic remedies, noted with satisfaction the adoption of the bill introducing a compensatory remedy for excessively long civil proceedings and its impending entry into force on 1 January 2022, but with a view to avoiding the risk of an influx of new applications to the ECtHR, firmly called on the authorities to ensure its Convention-compliant application and invited them to provide the Committee with concrete information on its implementation in practice, and noted the authorities’ timetable for preparing a proposal for a remedy covering other types of judicial proceedings by the end of June 2023; in light of the importance of the matter, its technical nature and the expiry of the deadline set by the ECtHR in its pilot-judgment more than five years ago, strongly encouraged the authorities to explore any possible avenue for accelerating their planning;
Amendment 60 #
2018/0902R(NLE)
Hj. Whereas on 9 March 2022, in its interim resolution concerning the pending enhanced supervision of the execution of the ECtHR judgment in Baka v. Hungary, the Committee of Ministers of the Council of Europe strongly urged the authorities to step up their efforts to find ways, in close cooperation with the Secretariat, to introduce the required measures to ensure that a decision by Parliament to impeach the President of the Kúria will be subject to effective oversight by an independent judicial body in line with the ECtHR case- law and recalled, once again, the authorities’ undertaking to evaluate the domestic legislation on the status of judges and the administration of courts, and urged them to present the conclusions of their evaluation, including of the guarantees and safeguards protecting judges from undue interferences, to enable the Committee to make a full assessment as to whether the concerns regarding the ‘chilling effect’ on the freedom of expression of judges caused by the violations in these cases have been dispelled;
Amendment 65 #
2018/0902R(NLE)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. Whereas in written answers to questions to Commissioner Hahn regarding the hearing of 11 November 2019 on the 2018 discharge to the Commission, the Commission indicated that for 2014-2020, flat rate financial corrections were accepted and implemented in Hungary following an horizontal public procurement audit, that identified serious deficiencies in the functioning of the management and control system in relation to the control of public procurement procedures;
Amendment 66 #
2018/0902R(NLE)
Motion for a resolution
Recital I b (new)
Recital I b (new)
Ib. Whereas on 20 July 2020, the Council recommended in its opinion on the 2020 Convergence Programme of Hungary to improve competition in public procurement;
Amendment 75 #
2018/0902R(NLE)
Motion for a resolution
Recital K
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.
Amendment 76 #
2018/0902R(NLE)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. Whereas on 6 April 2022, the Commission decided to send additional formal notice to ensure correct transposition of Directive2014/24/EU on public procurement, Directive 2014/23/EU on the award of concession contracts and Directive 2014/25/EU on procurement by entities operating in the water, energy, transport and postal services sectors; whereas, according to the Commission, Hungarian law allows for more extensive application of exceptions as regards security reasons and for contracts subsidised via tax benefits, and these exceptions lead to a broader exclusion of contracts from the obligations under EU law; whereas in addition, the Commission also believes that changes in the Hungarian mining law, which provide for the possibility to award mining concessions without transparent tendering procedures, are against the principle of transparency;
Amendment 79 #
2018/0902R(NLE)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. Whereas on 25 September 2020, in its second interim compliance report, GRECO noted that Hungary had still only implemented satisfactorily or dealt in a satisfactory manner five of the eighteen recommendations contained in the Fourth Round Evaluation Report and concluded that the overall low level of compliance with the recommendations remains "globally unsatisfactory";
Amendment 81 #
2018/0902R(NLE)
Motion for a resolution
Recital K c (new)
Recital K c (new)
Kc. Whereas in the mission report following the ad-hoc LIBE delegation to Budapest, Hungary on 29 September - 1 October 2021, concerns were raised about the lack of safeguards as regards surveillance in the current legislation, with no real checks and balances and remedies; whereas concerns were raised on the alleged use of the Pegasus spyware and increased surveillance by the state against activists, journalists and lawyers;
Amendment 84 #
2018/0902R(NLE)
Motion for a resolution
Recital K e (new)
Recital K e (new)
Ke. Whereas on 9 March 2022, in its decision concerning the pending enhanced supervision of the execution of the ECtHR judgment in Szabó and Vissy v. Hungary, the Committee of Ministers of the Council of Europe recalled that this case concerns the violation of the applicants’ right to respect for their private and family life and for their correspondence on account of the Hungarian legislation on national security-related measures of secret surveillance, which lacked safeguards sufficiently precise, effective and comprehensive on the ordering, execution and potential redressing of these measures, highlighted that secret surveillance should be regarded as a highly intrusive act that potentially interferes with the rights to freedom of expression and privacy and threatens the foundations of a democratic society and recalling that in response to the ECtHR judgment the authorities announced in 2017 the need for a legislative reform, and noted with serious concern that, despite this the legislative process is still at a preliminary stage and the authorities have not presented any other relevant developments; therefore, strongly called on the authorities to urgently adopt the measures required to bring the domestic legislation fully in line with the Convention requirements, establish a timeline for the legislative process and to present to the Committee a draft legislative proposal;
Amendment 91 #
2018/0902R(NLE)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. Whereas on 2 December 2021, the Commission decided to send a reasoned opinion regarding a decision made by the Hungarian Media Council to reject Klubradio's application for the use of radio spectrum; whereas the Commission concluded that the decisions of the Hungarian Media Council to refuse renewal of Klubradio's rights were disproportionate and non-transparent, and the Hungarian national media law has been applied in a discriminatory way in this particular case, in breach of Directive (EU)2018/1972 of the European Parliament and of the Council of 11 December 2018establishing the European Electronic Communications Code;
Amendment 96 #
2018/0902R(NLE)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Lb. Whereas on 8 October 2019, in its judgment in Szurovecz v. Hungary, the ECtHR found a violation of the freedom of expression regarding the lack of media access to reception facilities for asylum- seekers; whereas the supervision of the execution of that judgment remains pending;
Amendment 98 #
2018/0902R(NLE)
Motion for a resolution
Recital L c (new)
Recital L c (new)
Lc. Whereas on 3 December 2019, in its judgment in Scheiring and Szabó v. Hungary, and on 2 December 2021, in its judgment in Szél and Others v. Hungary, the ECtHR found that there had been violations of the freedom of expression regarding displaying banners in the Parliament of Hungary; whereas the supervision of the execution of those judgments is still pending;
Amendment 102 #
2018/0902R(NLE)
Motion for a resolution
Recital L d (new)
Recital L d (new)
Ld. Whereas on 20 January 2020, in its judgment in Magyar Kétfarkú Kutya Párt v. Hungary, the ECtHR found that there had been a violation of the freedom of expression regarding penalising for providing apolitical party’s mobile application which allowed voters to photograph, anonymously upload and comment on invalid votes cast during a referendum on immigration in 2016; whereas the supervision of the execution of that judgment is still pending;
Amendment 106 #
2018/0902R(NLE)
Motion for a resolution
Recital L e (new)
Recital L e (new)
Le. Whereas on 23 March 2020, in his statement the OSCE Representative on Freedom of the Media expressed his concerns about provisions of the coronavirus response draft bill in Hungary that could negatively impact the work of the media reporting on the pandemic;
Amendment 108 #
2018/0902R(NLE)
Motion for a resolution
Recital L f (new)
Recital L f (new)
Lf. Whereas on 26 May2020, in its judgment in Mándli and Others v. Hungary, the ECtHR found a violation of the freedom of expression regarding the suspension of the applicants’ Parliament accreditation as journalists; whereas the supervision of the execution of that judgment remain spending;
Amendment 111 #
2018/0902R(NLE)
Motion for a resolution
Recital L g (new)
Recital L g (new)
Lg. Whereas on 30 March 2021, in her Memorandum on freedom of expression and media freedom in Hungary, the Commissioner for Human Rights of the Council of Europe indicated that the combined effects of apolitically controlled media regulatory authority and sustained and distorting state intervention in the media market have eroded the conditions for media pluralism and the freedom of expression in Hungary, and free political debate and the free exchange of diverse opinions, which are the prerequisites for democratic societies to thrive, have been severely curtailed, particularly outside the capital;
Amendment 114 #
2018/0902R(NLE)
Motion for a resolution
Recital L h (new)
Recital L h (new)
Lh. Whereas on 22 November 2021, in her statement following the visit to Hungary the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression indicated that Hungary’s interventions in the media sector over the past decade could create risks for human rights in the upcoming elections, and by exerting influence over media regulatory bodies, providing substantial state funds to support pro-government media, facilitating the expansion and development of media that follow a pro- government editorial line, and ostracizing media outlets and journalists reporting critically on the government, the authorities have proactively reshaped the media sector and in their efforts to create “balance” have undermined media diversity, pluralism and independence;
Amendment 116 #
2018/0902R(NLE)
Motion for a resolution
Recital L i (new)
Recital L i (new)
Li. Whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission stated that the bias and lack of balance in monitored news coverage and the absence of debates between major contestants significantly limited the voters’ opportunity to make an informed choice;
Amendment 118 #
2018/0902R(NLE)
Motion for a resolution
Recital L j (new)
Recital L j (new)
Lj. Whereas on 8 April 2022, the Hungarian National Election Office considered that the nationwide NGO campaign urging people to vote invalid in the referendum regarding children’s access to information concerning sexual orientation and gender identity issues was unlawful, and imposed fines on 16 different Hungarian NGOs participating in the referendum campaign;
Amendment 120 #
2018/0902R(NLE)
Motion for a resolution
Recital L k (new)
Recital L k (new)
Lk. Whereas on 6 October 2020, in Case C-66/18 Commission v Hungary (Enseignement supérieur), the CJEU ruled that by adopting the measures provided for in Article 76(1)(a) and (b) of Law No CCIV of 2011 on national higher education, as amended, Hungary has failed to fulfil its obligations under Article 13, Article 14(3) and Article 16 of the Charter, Article 49 TFEU and Article 16 of Directive 2006/123/EC on services in the internal market, as well the World Trade Organization law;
Amendment 122 #
2018/0902R(NLE)
Motion for a resolution
Recital L l (new)
Recital L l (new)
Ll. Whereas on 2 July 2021, in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission considered that Article 7 of the Ninth Amendments relating to Article 38 of the Constitution and introducing in the Fundamental Law the “public interest asset management foundations performing public duties” should be reconsidered; these foundations should rather be regulated by statutory law, clearly setting out all relevant duties of transparency and accountability for the management of their funds (public and private), as well as appropriate safeguards of independence for the composition and functioning of the board of trustees; whereas the Venice Commission also mentioned that these laws should take into account the significant role of universities as places of freethought and argumentation, providing for all due measures to guarantee the proper safeguard of academic independence and institutional autonomy;
Amendment 124 #
2018/0902R(NLE)
Motion for a resolution
Recital L m (new)
Recital L m (new)
Lm. Whereas on 22 November 2021, in her statement following the visit to Hungary the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression urged the authorities to effectively protect academic freedom and respect the rights of professors and students, given the risks linked to the privatisation of public universities for the autonomy of the scholars;
Amendment 126 #
2018/0902R(NLE)
Motion for a resolution
Recital L n (new)
Recital L n (new)
Ln. Whereas on 21 December 2018 a comprehensive amendment to the 2011 Church Act was promulgated; whereas, according to the government, it opened legal avenues for religious communities to apply, before the Metropolitan Court of Budapest, for the status of religious association, registered church or incorporated church; whereas the supervision of the execution of the ECtHR judgment in Magyar Keresztény Mennonita Egyház and Others v. Hungary remains pending;
Amendment 128 #
2018/0902R(NLE)
Motion for a resolution
Recital L o (new)
Recital L o (new)
Lo. Whereas on 2 July 2021,in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the public-school system must provide an objective and pluralist curriculum, avoiding indoctrination and discrimination on all grounds, respecting parental convictions and their freedom to choose between religious and non-religious classes;
Amendment 130 #
2018/0902R(NLE)
Motion for a resolution
Recital L p (new)
Recital L p (new)
Lp. Whereas on 18 June 2020 in Case C-78/18 of Commission v Hungary (Transparency of Associations), the CJEU ruled that by adopting the provisions of Law No LXXVI of 2017 on the Transparency of Organisations which receive Support from Abroad, which impose obligations of registration, declaration and publication on certain categories of civil society organisations directly or indirectly receiving support from abroad exceeding a certain threshold and which provide for the possibility of applying penalties to organisations that do not comply with those obligations, Hungary has introduced discriminatory and unjustified restrictions on foreign donations to civil society organisations, in breach of its obligations under Article 63 TFEU and Articles 7, 8and 12 of the Charter; whereas on 18 February 2021, the Commission decided to send a letter of formal notice to the Hungarian authorities, considering they had not taken the necessary measures to comply with the judgment; whereas on20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Hungarian Parliament repealed the law and introduced new rules on legality checks for civil society, and pressure remains on civil society organisations critical towards the government; where as the adoption of the new law was not preceded by any public consultation, and NGOs have not been consulted directly either, in contradiction with the Venice Commission’s indication that the public consultation should involve, as far as possible, all civil society organisations the status, financing or spheres of operation of which will be affected as a result of the entry into force of this legislation (expressed on20 June 2017 in its opinion on the Draft Law on the Transparency of Organisations Receiving Support from Abroad);
Amendment 132 #
2018/0902R(NLE)
Motion for a resolution
Recital L q (new)
Recital L q (new)
Lq. Whereas on 23 July 2021, the donor states, Iceland, Liechtenstein and Norway, announced no agreement had been reached on the appointment of a Fund Operator to manage the funding for civil society; as a consequence, no programmes will be implemented under the EEA and Norway Grants during the current funding period, while €214.6 million in funding from the EEA and Norway Grants were set aside for Hungary;
Amendment 134 #
2018/0902R(NLE)
Motion for a resolution
Recital L r (new)
Recital L r (new)
Lr. Whereas on 17 December 2018, in their joint opinion on Section 253 of Act XLI of 20 July 2018 amending certain tax laws and other related laws, and on the immigration tax, the Venice Commission and the OSCE/ODIHR stated that the 25%tax on financial support to an immigration-supporting activity carried out in Hungary or on the financial support to the operations of an organisation with a seat in Hungary that carries out immigration-supporting activity, does not meet the requirement of legality and constitutes an unjustified interference with the rights to freedom of expression and of association of the NGOs affected;
Amendment 136 #
2018/0902R(NLE)
Motion for a resolution
Recital L s (new)
Recital L s (new)
Ls. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe stressed that the legislative measures have stigmatised and criminalised civil society activities which should be considered fully legitimate in a democratic society, they exercise a continuous chilling effect on NGOs, and some of the legal provisions are exceptionally vague, arbitrary and not implemented in practice;
Amendment 138 #
2018/0902R(NLE)
Motion for a resolution
Recital L t (new)
Recital L t (new)
Lt. Whereas on 11 May 2020, in his report on the visit to Hungary in 2019 the UN Special Rapporteur on the human rights of migrants observed that civil society organizations working on the rights of migrants in Hungary experienced multiple obstacles in carrying out their legitimate and important work; those obstacles resulted from legislative amendments, financial restrictions and other operational and practical measures taken by the relevant authorities; in addition, a number of civil society organizations had been subjected to smear campaigns, in some cases followed by administrative or criminal investigations;
Amendment 139 #
2018/0902R(NLE)
Motion for a resolution
Recital L u (new)
Recital L u (new)
Lu. Whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Commissioner for Fundamental Rights (CFR) has gained more competences, but its independence has been questioned by stakeholders;
Amendment 140 #
2018/0902R(NLE)
Motion for a resolution
Recital L v (new)
Recital L v (new)
Lv. Whereas on 2 December 2021, the Commission decided to send a reasoned opinion to the Hungarian authorities considering that by imposing an obligation to provide information on a divergence from ‘traditional gender roles', Hungary restricts the freedom of expression of authors and book publishers (Article 11 of the Charter); discriminates on grounds of sexual orientation in an unjustified way (Article 21 of the Charter ),and incorrectly applies the EU rules on unfair commercial practices under Directive 2005/29/EC concerning unfair business-to-consumer commercial practices in the internal market;
Amendment 141 #
2018/0902R(NLE)
Motion for a resolution
Recital L w (new)
Recital L w (new)
Lw. Whereas on 2 December 2021, the Commission decided to send a reasoned opinion to the Hungarian authorities with regard to their national rules that seek to prohibit or limit access to content that portrays the so-called ‘divergence from self-identity corresponding to sex at birth, sex change or homosexuality' for individuals under 18 years of age, considering that these national rules run contrary to 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, Directive 2000/31/EC on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market, as well as human dignity, freedom of expression and information, the right to respect of private life as well as the right to non- discrimination as enshrined respectively in Articles 1, 7, 11 and 21 of the Charter; whereas on 22 June 2021, 18 EU Member States joined a statement on the margins of the General Affairs Council, opposing the adoption of the law;
Amendment 142 #
2018/0902R(NLE)
Motion for a resolution
Recital L x (new)
Recital L x (new)
Lx. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe indicated that Hungary is backsliding in gender equality and women’s rights, the political representation of women is strikingly low, and in government policy, women’s issues are closely associated with family affairs and the authorities have ceased implementing a specific strategy on gender equality;
Amendment 143 #
2018/0902R(NLE)
Motion for a resolution
Recital L y (new)
Recital L y (new)
Ly. Whereas on 29 April 2020, in his statement, the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity urged Hungary to drop proposed legislation that would deny trans and gender diverse people the right to legal recognition and self-determination;
Amendment 144 #
2018/0902R(NLE)
Motion for a resolution
Recital L z (new)
Recital L z (new)
Lz. Whereas on 3 March 2020, in its Concluding observations on the sixth periodic report of Hungary, the United Nations Committee on the Rights of the Child called on the government to act, adopt a strategy, and provide information and support to vulnerable children, including specific measures targeting girls, Roma children, asylum-seeking and migrant children and lesbian, gay, bisexual, transgender and intersex children; whereas the Committee also raised serious concerns about children with disabilities being deprived of their families and living in institutions, insufficient measures by the Hungarian authorities to end institutionalisation and promote access to health, rehabilitation services and other inclusion activities, cases of sexual abuse and maltreatment of children with disabilities in institutional care, lack of information on the situation of Roma children with disabilities, and the continuing stigma endured by children with disabilities;
Amendment 145 #
2018/0902R(NLE)
Motion for a resolution
Recital L aa (new)
Recital L aa (new)
Laa. whereas on 5 May 2020 the Parliament of Hungary adopted a resolution rejecting ratification of the Convention on preventing and combating violence against women and domestic violence (Istanbul Convention);
Amendment 146 #
2018/0902R(NLE)
Motion for a resolution
Recital L ab (new)
Recital L ab (new)
Lab. Whereas on 16 July 2020, in its judgment in Ranav. Hungary, the ECtHR found a violation of the right to respect for private life in case of a transgender man from Iran who had obtained asylum in Hungary but could not legally change his gender and name in that country; whereas the enhanced supervision of the execution remains pending;
Amendment 147 #
2018/0902R(NLE)
Motion for a resolution
Recital L ac (new)
Recital L ac (new)
Amendment 148 #
2018/0902R(NLE)
Motion for a resolution
Recital L ad (new)
Recital L ad (new)
Lad. Whereas on 14-25 March 2022, in its Report and Recommendations of the Virtual Session, the Sub-Committee on Accreditation of the Global Alliance of National Human Rights Institutions recommended to downgrade the Commissioner for Fundamental Rights to a B-status, as the Sub-Committee has not received the written evidence necessary to establish that the Commissioner is effectively carrying out its mandate in relation to vulnerable groups such as ethnic minorities, LGBTQI people, human rights defenders, refugees and migrants, or related to important human rights issues such as media pluralism, civic space and judicial independence; whereas the Sub-Committee is of the view that the Commissioner is acting in a way that seriously compromises its compliance with the Paris Principles; whereas the Sub-Committee also noted issues in the selection and appointment process and in working relationships and cooperation with civil society organizations and human rights defenders;
Amendment 149 #
2018/0902R(NLE)
Motion for a resolution
Recital L ae (new)
Recital L ae (new)
Lae. Whereas on 2 July 2021, in its opinion on the constitutional amendments adopted by the Hungarian Parliament in December 2020, the Venice Commission recommended that the constitutional amendment regarding marriage as the union of one man and one woman, and the addition that “The mother shall be a woman, the father shall be a man”, should not be used as an opportunity to withdraw existing laws on the protection of individuals who are not heterosexuals, or to amend these laws to their disadvantage; whereas it also recommended that the interpretation and application of the constitutional amendments, especially in the drafting of the implementing legislation, should be carried out in a way that the principle of non-discrimination on all grounds, including on the basis of sexual orientation and gender identity, is thoroughly implemented; whereas it further noted that the amendment “Hungary shall protect the right of children to a self-identity corresponding to their sex at birth” should be repealed or modified to ensure that it does not have the effect of denying the rights of transgender people to legal recognition of their acquired gender identity;
Amendment 150 #
2018/0902R(NLE)
Motion for a resolution
Recital L af (new)
Recital L af (new)
Laf. Whereas on 18 October 2021, in its opinion on the amendments to the Act on Equal Treatment and Promotion of Equal Opportunities and to the Act on the Commissioner for Fundamental Rights as adopted by the Hungarian Parliament in December 2020, the Venice Commission indicated that there are risks associated with the merger of the equality bodies with the national human rights institutions including, but not limited to, different traditions, legal procedures and approaches the institutions may have in place and observed that collision of the competences already enjoyed by the Commissioner under Act CXI and those acquired in his /her capacity as successor of the Equal Treatment Authority, is a clear demonstration of a risk that may undermine the effectiveness of the work in the field of promoting equality and combating discrimination;
Amendment 151 #
2018/0902R(NLE)
Motion for a resolution
Recital L ag (new)
Recital L ag (new)
Lag. Whereas on 13 January 2022 in her statement the Commissioner for Human Rights of the Council of Europe indicated that the decision of the Hungarian government to conduct a national referendum regarding children’s access to information concerning sexual orientation and gender identity issues on the same day as the parliamentary elections is deeply regrettable as it furthers the instrumentalisation of the human rights of LGBTI people; whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission highlighted that contrary to established international good practice, the legal framework for the referendum does not guarantee equal opportunities to campaign and voters were not informed in an objective and balanced manner on the choices presented to them nor on their binding effect;
Amendment 152 #
2018/0902R(NLE)
Motion for a resolution
Recital L ah (new)
Recital L ah (new)
Lah. Whereas on 4 April 2022, in the Statement of Preliminary Findings and Conclusions following the Parliamentary Elections and Referendum, the OSCE international election observation mission highlighted that women were underrepresented in the campaign and as candidates;
Amendment 153 #
2018/0902R(NLE)
Motion for a resolution
Recital L ai (new)
Recital L ai (new)
Lai. Whereas on 25 March 2022, in the Concluding observations on the combined second and third report of Hungary the UN Committee on the Rights of Persons with Disabilities expressed concerns that people with disabilities do not have a mechanism to make a decision out of autonomy, and recommended that Hungary amend its legislation to ensure supported decision-making respect the dignity, autonomy, will and preferences of people with disabilities in exercising their legal capacity; whereas the Committee also recommended that Hungary redesign its measures and redirect its budgets into community-based support services, such as personal assistance, with a view to provide support to live independently and equally in the community;
Amendment 154 #
2018/0902R(NLE)
Motion for a resolution
Recital L aj (new)
Recital L aj (new)
Amendment 155 #
2018/0902R(NLE)
Motion for a resolution
Recital L ak (new)
Recital L ak (new)
Amendment 156 #
2018/0902R(NLE)
Motion for a resolution
Recital L al (new)
Recital L al (new)
Lal. Whereas on 6 June 2019, in the Concluding observations on the combined eighteenth to twenty-fifth periodic reports of Hungary the UN Committee on the Elimination of Racial Discrimination indicated it was is deeply alarmed by the prevalence of racist hate speech against Roma, migrants, refugees, asylum seekers and other minorities, which fuels hatred and intolerance and at times incites violence towards such groups, in particular from leading politicians and in the media, including on the Internet; it was especially deeply alarmed at reports that public figures, including at the highest levels, have made statements that may promote racial hatred, in particular as part of the government’s anti- immigrant and anti-refugee campaign started in 2015, and at the presence and operation of organizations that promote racial hatred; whereas, while taking note of the information provided on measures taken to improve the situation of Roma, including in the fields of health and education, as well as through the National Social Inclusion Strategy of 2011, the Committee remained highly concerned at the persistence of discrimination against Roma and the segregation and extreme poverty that they face;
Amendment 157 #
2018/0902R(NLE)
Motion for a resolution
Recital L am (new)
Recital L am (new)
Lam. Whereas on 26 May 2020, in its Fifth opinion on Hungary, the Advisory Committee on the Framework Convention for the Protection of National Minorities indicated that Hungary has maintained its policy to support national minorities based on a solid legislative framework, but it remains necessary to address structural difficulties faced by Roma in all spheres of public and private life, including education, employment, housing and access to health care; whereas it highlighted that urgent measures need to be taken in order to remedy the Roma situation, combat early school leaving, and promote inclusive and quality education, including in segregated areas; in disadvantaged regions, there is a need for stronger complementarity between national and local policies so as to provide long-term solutions to employment and housing problems; access to health care and social services remains subject to serious practical obstacles, mainly to the detriment of Roma women and children;
Amendment 158 #
2018/0902R(NLE)
Motion for a resolution
Recital L an (new)
Recital L an (new)
Lan. Whereas on 16 September 2021, in its decision concerning the pending enhanced supervision of the execution of the ECtHR judgments in Horváth and Kiss v. Hungary, the Committee of Ministers of the Council of Europe recalled that this case concerns the discriminatory misplacement and overrepresentation of Roma children in special schools for children with mental disabilities, due to their systematic misdiagnosis, and that, under the ECtHR case-law, the State is under a positive obligation to avoid perpetuating discriminative practices, noted with interest the use of an upgraded examination system, including tools allowing an objective assessment of the learning abilities of Roma children, by all 21 expert committees, the steady increase in the number of children receiving integrated education when diagnosed with special educational needs and the social development program, which was put in place in 30 of the most disadvantaged settlements, and encouraged the Hungarian authorities to further pursue these measures, reiterated their invitation to the authorities to provide examples demonstrating the effectiveness of the administrative and judicial remedies against the findings of the expert committees, to complete the statistical data provided in this respect, and to provide further information on the newly established procedure before the Commissioner for Fundamental Rights, and noted that the possible participation of an equal opportunities expert during the examination of the learning abilities of multiply disadvantaged children constitutes an important safeguard in this process with a view to preventing discriminatory practices against Roma children but that it remains purely theoretical so far;
Amendment 159 #
2018/0902R(NLE)
Motion for a resolution
Recital L ao (new)
Recital L ao (new)
Lao. Whereas the supervision of the execution of the ECtHR judgments in Balázs group v. Hungary concerning violations of the prohibition of discrimination read in conjunction with the prohibition of inhuman or degrading treatment on account of the authorities’ failure to carry out effective investigations into the question of possible racial motives behind the ill-treatment inflicted on the Roma applicants by law enforcement agents, remains pending;
Amendment 160 #
2018/0902R(NLE)
Motion for a resolution
Recital L ap (new)
Recital L ap (new)
Amendment 161 #
2018/0902R(NLE)
Motion for a resolution
Recital L aq (new)
Recital L aq (new)
Laq. Whereas on 2 April 2020, in Joined Cases C-715/17, C-718/17and C- 719/17 including Commission v Hungary (Temporary mechanism for the relocation of applicants for international protection), the CJEU ruled that by failing to indicate at regular intervals, and at least every three months, an appropriate number of applicants for international protection who can be relocated swiftly to its territory, Hungary has, since 25 December 2015, failed to fulfil its obligations under Article 5(2) of Decision 2015/1601 and has consequently failed to fulfil its subsequent relocation obligations under Article 5(4) to (11) of that decision;
Amendment 162 #
2018/0902R(NLE)
Motion for a resolution
Recital L ar (new)
Recital L ar (new)
Lar. Whereas on 14 May 2020, in Joined Cases C-924/19PPU and C-925/19 PPU OrszágosIdegenrendészeti Főigazgatóság Dél-alföldi Regionális Igazgatóság and OrszágosIdegenrendészeti Főigazgatóság, the CJEU ruled that Directive 2008/115 on common standards and procedures in Member States for returning illegally staying third-country nationals and Directive 2013/33/EU mean that the obligation imposed on a third-country national to remain permanently in a transit zone the perimeter of which is restricted and closed, within which that national’s movements are limited and monitored, and which he or she cannot legally leave voluntarily, in any direction whatsoever, appears to be a deprivation of liberty, characterised by ‘detention’ within the meaning of those directives, and indicated that EU law precludes a number of provisions of the Hungarian legislation;
Amendment 163 #
2018/0902R(NLE)
Motion for a resolution
Recital L as (new)
Recital L as (new)
Amendment 164 #
2018/0902R(NLE)
Motion for a resolution
Recital L at (new)
Recital L at (new)
Lat. Whereas on 9 June 2021, the Commission decided to send a letter of formal notice and a reasoned opinion to the Hungarian authorities for failing to fully transpose Directive 2013/32/EU on common procedures for granting and withdrawing international protection as regards provisions on the personal interview, the medical screening, guarantees for unaccompanied children and teenagers and on the asylum examination procedure;
Amendment 165 #
2018/0902R(NLE)
Motion for a resolution
Recital L au (new)
Recital L au (new)
Lau. Whereas on 15 July 2021, the Commission decided to refer Hungary to the CJEU considering that new asylum procedure is incompatible with Article 6 of Directive 2013/32 on common procedures for granting and withdrawing international protection, interpreted in the light of Article 18 of the Charter (Case C- 823/21 Commission v Hungary);
Amendment 166 #
2018/0902R(NLE)
Motion for a resolution
Recital L av (new)
Recital L av (new)
Lav. Whereas on 16 November 2021, in Case C-821/19 Commission v Hungary (Incrimination de l’aide aux demandeurs d’asile), the CJEU ruled that Hungary has failed to fulfil its obligations under:1) Article 33(2) of Directive 2013/32/EU on common procedures for granting and withdrawing international protection by allowing an application for international protection to be rejected as inadmissible on the ground that the applicant arrived on its territory via a State in which that person was not exposed to persecution or a risk of serious harm, or in which a sufficient degree of protection is guaranteed; 2) Article 8(2) and Article 22(1)of Directive 2013/32 and Article 10(4) of Directive 2013/33/EU laying down standards for the reception of applicants for international protection by criminalising in its national law the actions of any person who, in connection with an organising activity, provides assistance in respect of the making or lodging of an application for asylum in its territory, where it can be proved beyond all reasonable doubt that that person was aware that that application could not be accepted under that law; 3) Article 8(2),Article 12(1)(c) and Article 22(1) of Directive 2013/32 and Article 10(4) of Directive 2013/33 by preventing any person who is suspected of having committed such an offence from the right to approach its external borders;
Amendment 167 #
2018/0902R(NLE)
Motion for a resolution
Recital L aw (new)
Recital L aw (new)
Law. Whereas on 21 May 2019, in her Report following the visit to Hungary from 4 to 8 February 2019, the Commissioner for Human Rights of the Council of Europe found that the stance against immigration and asylum seekers adopted by the government since 2015 has resulted in a legislative framework which undermines the reception of asylum seekers and the integration of recognised refugees as prescribed by international human rights obligations;
Amendment 168 #
2018/0902R(NLE)
Motion for a resolution
Recital L ax (new)
Recital L ax (new)
Lax. Whereas on 17 March 2020 in its report on the visit to Hungary in 2018, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) highlighted that nothing had been done since the CPT’s 2017 ad hoc visit to put in place effective safeguards to prevent ill- treatment of persons returned by Hungarian police officers through the border fence towards Serbia, and it was also clear that there were still no legal remedies capable of offering such persons effective protection against their forced removal and/or refoulement, including chain refoulement;
Amendment 169 #
2018/0902R(NLE)
Motion for a resolution
Recital L ay (new)
Recital L ay (new)
Lay. Whereas on 6 June 2019, in the Concluding observations on the combined eighteenth to twenty-fifth periodic reports of Hungary the UN Committee on the Elimination of Racial Discrimination expressed concerns by the alarming situation of asylum seekers, refugees and migrants, at the reports that the principle of non-refoulement is not fully respected in law and in practice, and deep alarm at the reported excessive use of force and violence by law enforcement officers against third country nationals found anywhere in Hungary, while “pushing back” those found near the border to Serbia, resulting in injuries and bodily harm;
Amendment 170 #
2018/0902R(NLE)
Motion for a resolution
Recital L az (new)
Recital L az (new)
Laz. Whereas on 2 March 2021, in its judgment in R.R. and Others v. Hungary, the ECtHR found that the lack of food provided to R.R. and the conditions of stay of the other applicants (a pregnant woman and children) had led to violation of the prohibition of inhuman or degrading treatment, and the applicants’ stay in the transit zone had amounted to a defacto deprivation of liberty and that the absence of any formal decision of the authorities and any proceedings by which the lawfulness of their detention could have been decided speedily by a court had led to violations of right to liberty and security; whereas on 24 February 2022, in its judgment in M.B.K. and Others v. Hungary, the ECtHR came to similar conclusions; whereas the enhanced supervision of the execution of those judgments remains pending;
Amendment 171 #
2018/0902R(NLE)
Motion for a resolution
Recital L az (new)
Recital L az (new)
Amendment 172 #
2018/0902R(NLE)
Motion for a resolution
Recital L bb (new)
Recital L bb (new)
Lbb. Whereas on 8 July 2021, in its judgment in Shahzad v. Hungary, the ECtHR found that the applicant had been subject to a “collective” expulsion as his individual situation had not been ascertained by the authorities, and they had not provided genuine and effective ways to enter Hungary, removal had not been a result of his conduct, and the applicant had not had an adequate legal remedy available to him; whereas the enhanced supervision of the execution of that judgment remains pending;
Amendment 173 #
2018/0902R(NLE)
Motion for a resolution
Recital L bc (new)
Recital L bc (new)
Lbc. Whereas on 2 December 2021, in its decision concerning the pending enhanced supervision of the execution of the ECtHR judgment in Ilias and Ahmed v. Hungary, the Committee of Ministers of the Council of Europe recalled that this case concerns a violation of the procedural obligation under Article 3 to assess the risks of ill-treatment before removing the asylum-seeking applicants to Serbia by relying on a general presumption of “safe third country”, noted with deep regret that no steps have been taken towards conducting the necessary reassessment of the legislative presumption of “safe third country” in respect of Serbia and firmly reiterated their invitation to carry out such reassessment without further delay and in line with the requirements of the ECtHR case-law, and to present the grounds and the outcome thereof, and noted with grave concern that, despite the concerns expressed in their previous decision, the practice of forced removals without orderly procedure has continued; strongly reiterated their call on the authorities to fully comply with the requirements flowing from the ECtHR judgment and to ensure that forced returns are framed by orderly procedures and safeguards notably concerning every person’s right to seek asylum as established by international law;
Amendment 174 #
2018/0902R(NLE)
Motion for a resolution
Recital L bd (new)
Recital L bd (new)
Lbd. Whereas the supervision of the execution of the ECtHR judgments in Nabil and Others group v. Hungary concerning violations of the applicant asylum seekers’ right to liberty and security, on account of their detention pending the examination of the merits of their asylum claims, remains pending;
Amendment 177 #
2018/0902R(NLE)
Motion for a resolution
Recital L bg (new)
Recital L bg (new)
Lbg. Whereas on 3 March 2020, in the Concluding observations on the sixth periodic report of Hungary, the UN Committee on the Rights of the Child recommended that Hungary continue to invest in measures to end poverty, paying particular attention to Roma children and children living in socioeconomically deprived areas and raised serious concerns about the number of students leaving school early, most of them from disadvantaged backgrounds, the allocation of public schools to religious communities, which can contribute to segregation based on religion and belief, the continued segregation of Roma children in education, the education gap between Roma and non-Roma children, the lack of official data on Roma children in education, the bullying, abuse and exclusion faced by children in schools, in particular, LGBTI children, the use of methods of discipline in schools not protecting children from physical and mental violence;
Amendment 225 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to make full use of the tools available to address the clear risk of a serious breach by Hungary of the values on which the Union is founded, in particular expedited infringement procedures, applications for interim measures before the Court of Justice and actions regarding non- implementation of the Court’s judgments; recalls the importance of the Rule of Law Conditionality Regulation and welcomes the decision to trigger it in the case of Hungary, albeit after a long delay and with a limited scope; calls on the Commission to take immediate action under the regulation as regards other breaches of the rule of law; notes the risk of misuse of funds under the Recovery and Resilience Facility and reiterates its call for the Commission to refrain from approval of the Hungarian plan until Hungary has fully complied with all European Semester country- specific recommendations in the field of the rule of law and until it has implemented all the relevant judgments of the CJEU and the ECtHR;
Amendment 229 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on the Commission to support independent civil society in Hungary which safeguards the European values enshrined in Article 2 TEU, in particular, by using the Citizens, Equality, Rights and Values programme; reiterates its call on the Commission to adopt a comprehensive civil society strategy for the protection and development of civic space within the Union that integrates all existing tools and outlines a set of concrete measures that will protect and strengthen civic space;
Amendment 6 #
2018/0356M(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Underlines the strategic importance of Viet Nam as a crucial partner of the EU in South East Asia and among the ASEAN countries, specifically but not exclusively in relation to climate change negotiations, good governance, sustainable development, security, economic and social progress and the fight against terrorism; notes that Viet Nam is the Chair of ASEAN in 2020;
Amendment 8 #
2018/0356M(NLE)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Welcomes the Agreement between the EU and the Government of Viet Nam establishing a framework for the participation of Viet Nam in the EU crisis management operations, which was signed on 17 October 2019; underlines that Viet Nam becomes the second partner country in Asia to sign a Framework Participation Agreement with the EU; stresses that the Agreement is a significant step forward in the relations between the EU and Viet Nam;
Amendment 29 #
2018/0356M(NLE)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Calls on Vietnam - in order to show its good will -to implement right away previously demanded human rights requirements as adopted in the EP resolution on the PCA with Vietnam of 17 December 2015, inter alia by revising the Criminal Code in order to refrain from suppression of peaceful exercise of the right to freedom of expression, assembly and association and to release prisoners of conscience,
Amendment 42 #
2018/0356M(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Calls for the establishment of an inter-parliamentary group between the National Assembly of Vietnam and the EP for the speedy establishment of broad and as independent as possible Domestic Advisory Groups (DAGs); recalls the role of empowered DAGs in the pursuit of efforts to monitor and scrutinize the correct implementation of the FTA;
Amendment 45 #
2018/0356M(NLE)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights that the FTA creates an institutional and legally binding link to the PCA; points out that Article 1 of the PCA contains a standard human rights clause which can trigger appropriate measures, including, as a last resort, the suspension of the PCA, or parts thereof, without delay; calls for the establishment of a mechanism to monitor the implementation of the human rights clause;
Amendment 29 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 1 – indent 3 a (new)
Paragraph 1 – indent 3 a (new)
- the functioning of a free and independent media;
Amendment 39 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Expresses its deep concern that, despite three hearings of Poland having been held in the Council, multiple exchanges of views in the Civil Liberties, Justice and Home Affairs Committee of the European Parliament, alarming reports by the United Nations, the Organisation for Security and Cooperation in Europe (OSCE) and the Council of Europe, and four infringements procedures launched by the Commission, the rule of law situation in Poland has not only not been addressed but has seriously deteriorated since the triggering of Article 7(1) TEU;
Amendment 73 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern that the OSCE concluded that media bias and intolerant rhetoric in the campaign for the October 2019 parliamentary elections were of significant concern20 and that, while all candidates were able to campaign freely, senior state officials used publicly funded events for campaign messaging; notes, furthermore, that the dominance of the ruling party in public media further amplified its advantage21 ; _________________ 20OSCE/ODIHR, Statement of Preliminary Findings and Conclusions after its Limited Election Observation Mission, 14 October 2019. 21OSCE/ODIHR, Limited Election Observation Mission Final Report on the parliamentary elections of 13 October 2019, Warsaw, 14 February 2020.
Amendment 83 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
Amendment 95 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Is deeply concerned that the process of electing the candidates did not conform to the rules of procedure of the Supreme Court and violated basic standards of deliberation among the members of the General Assembly; further states its concern about reports of attempts by the Acting Presidents to inhibit dialogue among the judges who participated in the election and about alleged attempts to manipulate the vote in the General Assembly;
Amendment 96 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Notes with regret that doubts concerning the validity of the election process in the General Assembly as well as the impartiality and independence of the Acting Presidents during the election process could undermine the legitimacy of the new First President of the Supreme Court nominated by the President of Poland on 25 May 2020, and could thus put into question the independence of the Supreme Court;
Amendment 119 #
2017/0360R(NLE)
Motion for a resolution
Subheading 11
Subheading 11
The rules governing the organisation of the ordinary courts and, the appointment of courts presidents and the retirement regime for judges of the ordinary courts
Amendment 123 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Recalls that the CJEU found in its judgement of 5 November 201938a that the provisions of the Polish law amending the law on the organisation of the ordinary courts, which lowered the retirement age of judges of the ordinary courts, whilst allowing the Minister of Justice to decide on the prolongation of their active service, and which set a different retirement age depending on their gender, are contrary to Union law; _________________ 38aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18, ECLI:EU:C:2019:924.
Amendment 132 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 32 a (new)
Paragraph 32 a (new)
32a. Recalls that the CJEU found in its judgement of 5 November 201943a that lowering the retirement age of public prosecutors is contrary to Union law because it establishes a different retirement age for men and women who are public prosecutors in Poland; _________________ 43aJudgment of the Court of Justice of 5 November 2019, Commission v Poland, C- 192/18 ECLI:EU:C:2019:924.
Amendment 154 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Is deeply concerned by the excessive use of libel cases by some politicians against journalists, including by sentencing with criminal fines and suspension from exercising the profession of journalist; fears for a chilling effect on the profession and independence of journalists and media46 ; calls on the Commission to propose an Anti-SLAPP (strategic lawsuit against public participation) Directive that will protect the media from vexatious lawsuits in the Union that are intended to silence, intimidate or bankrupt them; _________________ 46Council of Europe Platform to Promote the Protection of Journalism and Safety of Journalists, 2020 Annual Report, March 2020, p. 42.
Amendment 156 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 37 a (new)
Paragraph 37 a (new)
37a. Is concerned about reported cases of detention of journalists for doing their job when reporting on anti-lockdown protests;
Amendment 171 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls on the Polish authorities to modify the act of 15 September 2017 on the National Institute for Freedom - Centre for the Development of Civil Society49 , in order to ensure access to state funding for critical civil society groups at all levels, and a fair, impartial and transparent distribution of public funds to civil society, in a continually shrinking space for it to operate, and ensuringe pluralistic representation; calls for the rapid adoption of the Rights and Values Programme with adequate funding for the Union values strand; _________________ 49OSCE/ODIHR, Opinion on the Draft Act of Poland on the National Freedom Institute - Centre for the Development of Civil Society, Warsaw, 22 August 2017.
Amendment 175 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 41 a (new)
Paragraph 41 a (new)
41a. Is deeply concerned about the transmission of personal data from the Universal Electronic System for Registration of the Population (PESEL register) by the Ministry of Digital Affairs of Poland to the operator of the postal services on 22 April 2020, aimed at facilitating the organisation of the presidential election on 10 May 2020 via postal ballot, despite the lack of a proper legal basis, as the bill allowing for an all- postal election was not adopted by the Polish Parliament until 7 May 2020; notes furthermore that the PESEL register is not identical to the voters register and includes also personal data of citizens of other EU Member States, thus the above-mentioned transfer could constitute a potential breach of the Regulation (EU) 2016/679; recalls that the European Data Protection Board (EDPB) discussed this matter during its meeting on 5 May 2020 and underlined in its subsequent statement that public authorities may disclose information on individuals included in electoral lists, but only when this is specifically authorised by Member State law;
Amendment 216 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 45
Paragraph 45
45. Reiterates its call on the Polish government to take appropriate action on and strongly condemn any xenophobic and fascist hate crime or hate speech53 ; _________________ 53EP Resolution of 15 November 2017, para. 18; PACE, Resolution 2316 (2020) of 28 January 2020 on the functioning of democratic institutions in Poland, para. 14; UN Human Rights Committee (HRC), Concluding observations on the seventh periodic report of Poland, 23 November 2016, CCPR/C/POL/CO/7, paras 15-18.
Amendment 230 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 46
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 recalled on the Commission to strongly condemn such public discrimins the condemnation of such actions by the Commission as well as international organisations;
Amendment 238 #
2017/0360R(NLE)
Motion for a resolution
Paragraph 48
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 dialogue with the Commission; stresses that such a dialogue needs to be conducted in an impartial, evidence-based and cooperative manner while also respecting the competences of the Union and its Member States as enshrined in the Treaties, and the principle of subsidiarity; calls on the Polish government to cooperate with the Commission pursuant to the principle of sincere cooperation as set out in the Treaty; calls on the Polish government to swiftly implement the rulings of the CJEU and to respect the primacy of Union law;