919 Amendments of Pierrette HERZBERGER-FOFANA
Amendment 30 #
2023/2075(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas according to the World Health Organisation, climate change, air pollution and non-communicable diseases represent some of the most serious threats to global health;
Amendment 36 #
2023/2075(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas the COVID-19 pandemic has exposed insufficient investment in the Health Care Workforce and shown how unprepared health systems were to respond to a global health crisis;
Amendment 39 #
2023/2075(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Amendment 43 #
2023/2075(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the Agreement on Trade Related Investment Measures (TRIMS) and other investment rules, which are part of the Free Trade Agreements (FTAs), also compromise the efforts of many developing countries to achieve self- sufficiency in manufacturing of medical products by making the application of many local production stimulation tools like local content rule, export obligation, etc. as illegal;
Amendment 54 #
2023/2075(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes the surge in post-acute infection syndromes (PAIS) following COVID-19 infections; recalls that PAIS also occur following other bacterial, viral and parasitic infections, including mononucleosis, Lyme disease, Ebola, polio and influenza; recalls that the pathogenesis of PAIS is linked to chronic fatigue syndrome (ME/CFS), in the context of 65 million people suffering from long COVID to date, as well as reinfection pressure and upcoming pandemics; is concerned that the global health strategy addresses neither the post-acute sequelae of SARS-CoV-2 nor PAIS in general; recalls that many countries, especially those on the African continent, are still having major difficulties in accessing the health technologies used to fight not only the coronavirus but also other diseases; emphasises that the universal access to health depends among others on the ability of developing countries to build up their own production capacities and develop local know-how; in this respect, stresses that Intellectual Property Rights undoubtedly constitute a barrier to access to vaccines; urges the EU to support developing countries, in particular LDCs, in the effective implementation of flexibilities for the protection of public health provided for in TRIPs agreements, notably compulsory licencing and parallel import; calls for the EU, with a view to lessons learned from the pandemic, to make PAIS a priority and to develop an EU strategy for PAIS, comparable to Europe’s beating cancer plan and the EU strategy on mental health, and to extend the PAIS strategy to global health security, including in the implementation of the global health strategy;
Amendment 60 #
2023/2075(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes that guiding principle 2 of the global health strategy aims to ensure that innovative vaccines, treatments and diagnostics for new, prevalent or neglected infectious and non-communicable diseases are developed and used, including through funding from Horizon Europe and the EU- Africa Global Health European and Developing Countries Clinical Trials Partnership (EDCTP3) for research, capacity building and strengthening the regulatory environment in sub-Saharan Africa; calls for Team Europe to implement this approach, with a focus on non-communicable diseases. calls on the EU to support investment in health education and skills in developing countries, as well as regional cooperation, such as the African Continental Free Trade Area (AfCFTA) which have the potential advantages of establishing regional value chains to enable small economies in the region to collectively build the productive capability;
Amendment 63 #
2023/2075(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that health is a prerequisite for human development, which implies mobilizing additional public funds to guarantee Universal Health Coverage; stresses that the delivering of “horizontal health” through an holistic and rights-based approach entails i.a. to fully address the multidimensional nature of health (with close links to gender, food security and nutrition, water and sanitation, education and poverty), along the line of “One Health” approach;
Amendment 71 #
2023/2075(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Notes with deep concern that pollutants in the environment have a massive impact on global health, especially for low- and middle-income countries (LMICs); calls on the EU to assist developing countries, notably the LMICs and LDCs, to prioritize disease prevention, through investment in the management of pollution, including through strategies on access to clean energies, clean and efficient transport, control of industrial emissions, the sound use of chemicals, as it is a highly cost- effective strategy for enhancing population health, reducing the burden on limited health resources and advancing national development;
Amendment 2 #
2023/2068(INI)
Draft opinion
Recital A
Recital A
A. whereas gender-based and sexist hate speech and hate crimes disproportionately affect women1 ; whereas young women and women in the public sphere are targeted by hate speech in particular; whereas some groups of women facing intersectional discrimination experience exacerbated hate speech and hate crimessuch as women with disabilities, migrant, racialised women such as women from ethnic minorities, black women and women of colour, older women, women with lower education levels, women with health problems, and LGBTIQ+ people are confronted with exacerbated and different layers of hate speech and hate crimes combining sexism with other forms of intolerance or discrimination; _________________ 1 Council of Europe Gender Equality Strategy, ‘Combating Sexist Hate Speech’, 2016.
Amendment 8 #
2023/2068(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas sexist hate speech takes many forms both online and offline, notably victim blaming and re- victimisation; “slut-shaming”; body- shaming”; image-based sexual abuse, brutal and sexualised threats of death, rape and violence; offensive comments on appearance, sexuality, sexual orientation or gender roles; but also false compliments or supposed jokes, using humour to humiliate and ridicule the target;
Amendment 11 #
2023/2068(INI)
Draft opinion
Recital B
Recital B
B. whereas multiple factors, such as patriarchal societal structures, unequal power relations and gender stereotyping, fuel hate speech and hate crimes against women and gender non-conforming people; Whereas they experience this hate online, but also offline in a variety of settings, including the public space, workplace, schools or public transport;
Amendment 16 #
2023/2068(INI)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas women who are public figures, in particular politicians, are particular targets of online or offline violence and hate speech; whereas women and LGBTIQ+ rights defenders and women journalists experience more hate than their male counterparts; whereas the aim of sexist hate speech is to humiliate or objectify, to undervalue women’s skills and opinions, to destroy their reputation, to make them feel vulnerable and fearful, and to control and punish them for not following certain behaviour; whereas sexist hate speech seeks to silence women and gender non-conforming people, undermine their freedom of speech and limit their movements and participation in diverse human activities;
Amendment 20 #
2023/2068(INI)
Draft opinion
Recital B b (new)
Recital B b (new)
Bb. whereas many women and gender non confirming people are facing daily online threats of murder, sexual assault or rape and often they are not taken seriously by law-enforcement officials and by society as a whole; whereas when reporting this cyber violence, they are still sometimes discredited and stigmatised, resulting in these crimes going underreported and underestimated;
Amendment 42 #
2023/2068(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas, at present, 15 Member States do not include gender identity in hate speech law; whereas statistics show that hate speech against LGBTIQ+ people is pervasively common, in particular online, and there is a notable absence of laws in some Member States to prevent, address and penalise such forms of online abuse;
Amendment 47 #
2023/2068(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Urges the Commission to include sexual orientation, gender identity, gender expression and sex characteristics as discrimination grounds specifically covered by hate crime and hate speech as a new area of crime under Article 83(1); considers such a measure to be essential to ensure the protection of LGBTIQ+ persons in the Union;
Amendment 52 #
2023/2068(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and Member States to include an explicit definition of gender-based hate speech and hate crimes, which includes sexist hate speech and misogynistic assaults and related penalties when legislation is proposed;
Amendment 63 #
2023/2068(INI)
3. Welcomes the Commission proposal for a directive on combating violence against women and domestic violence, and the inclusion of minimum rules for the definition of the offence of hatred online and cyber-violence; calls on the Commission to ensure that this directive serves as a minimum standard when it comes to legislation tackling online hate speech and hate crimescyber incitement to violence or hatred; underlines that in order to ensure that online material qualifies as cyber incitement to violence or hatred, such material should be assessed based on the criteria laid down in the UN Rabat Action Plan ;
Amendment 67 #
2023/2068(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls on the Council to activate the passerelle clause by adopting a unanimous decision identifying gender- based violence as one a new of the areas of crime listed in Article 83(1) of the TFEU in view of combatting all forms of gender based violence in a coherent, holistic and coordinated way across the EU;
Amendment 69 #
2023/2068(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
Amendment 71 #
2023/2068(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Calls on the Commission and the Member States to pay particular attention to the intersectional forms of gender- based hate speech and hate crime targeted at women and girls from a racial and ethnic background, migrant women, those with disabilities and LGBTIQ+ people;
Amendment 74 #
2023/2068(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Commission to actively research, analyse and report on anti-gender movements, including their strategies and funding.strategies and funding; recalls that the labelling of LGBTIQ+ people as an ‘ideology’ is growing in online and offline communication and in campaigns against so-called ‘gender ideology’; highlights that feminists and LGBTIQ+ activists are often the targets of defamation campaigns, online hate speech and cyberbullying;
Amendment 79 #
2023/2068(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Calls on Member States to ensure that professionals and practitioners likely to come into contact with victims of hate speech and hate, crime such as law enforcement, lawyers and judicial authorities, health professionals, school teachers receive evidence-based training aiming to provide targeted support and assistance, prevent secondary victimisation and stigma and ensure a human rights based, intersectional, and gender sensitive response;
Amendment 82 #
2023/2068(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on Member states and the EC to support civil society organisations fighting all forms of online and offline gender based violence, particularly those that provide victim support services, including by providing financial support; Calls to promote the ethical and privacy- by-design development and use of technological solutions that support victims and help them to regain agency and contribute to protect victims in the online space; calls for the full accountability of perpetrators and for the promotion of programmes addressed to perpetrators aimed at ensuring safe relations and pro-social behaviour;
Amendment 84 #
2023/2068(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls for awareness-raising and educational programmes, including programmes addressed to boys and men, as well as campaigns involving all relevant actors and stakeholders, to address the root causes of hate speech and hate crime, with a specific focus on promoting changes in social attitudes and safe relations and removing gender norms and stereotypes; Stresses the need for special programmes to promote the respect of fundamental rights in the online space, with special regard to developing digital education, literacy and skills to equip users to fight against the dangers of the digital space as well as to manage their responsibilities when interacting within it, particularly in social media platforms, and to ensure the safe use of the internet;
Amendment 6 #
2023/2065(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Points out that regional integration features prominently in theAcknowledges that the importance of economic regional integration in Africa has been a long-lasting stumbling block for concluding EPAs; stresses that regional integration is essential tothe EU-SADC EPA shall support effectively the integrate developing countries into the world economyion of regional markets; stresses, furthermore, that the EU’s development finance cooperation with SADC countries must assist their regional economic cooperation and integration efforts;
Amendment 9 #
2023/2065(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Points out that the EPA should contribute to diversifying value chains in SADC countries and their economies, which necessitates fair and pro- development global trade rule, creating added value and jobs locally and thereby helping to reduce and eventually eradicate hunger and poverty in a sustainable manner;
Amendment 10 #
2023/2065(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Highlights that the Southern African Development Community (SADC) countries are rich in natural resources and in most of them their extractive industries extract and export natural resources with little industrial processing; recalls that developing countries see export taxes as a means to move up the value chain, to develop domestic industries and manufacturing capacity, creating jobs and diversifying the economy and exports; however, recalls that SADC EPA countries are allowed to apply export taxes only in “exceptional circumstances”;
Amendment 13 #
2023/2065(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses that the EU request to ban export taxes on raw materials has been a long-lasting stumbling block in the negotiation process on EPAs, considering that export taxes/duties are not prohibited under the WTO regime; recalls the right of African countries to regulate raw materials in their public interest; accordingly, calls on the EU to refrain from adopting a trade policy that prohibits, as a general rule, developing countries from levying export taxes on raw materials, insofar as it is WTO- compatible;
Amendment 14 #
2023/2065(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. URecalls that SADC EPA States were impacted by the pandemic through reduced fiscal revenues, driven e.g. by the reduced economic activity and fluctuating commodity prices and trade flows; in this context, underlines the importance of good governance and assistance in building capacity for sustainable development, in particular with regard to establishing sustainable fiscal systems and fighting tax evasion, in order to help unlock fiscal capacity for further economic and social development and to protect the environment;
Amendment 18 #
2023/2065(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. StressesCalls on the EU to ensure that the EPA should contributes to establishing an effective, predictable and transparent regional regulatory framework for trade and investment, in full respect of e.g. the 2018 UN Declaration on the Rights of Peasants and Other People Working in Rural Areas; the FAO Voluntary Guidelines of Tenure; the principle of Free, Prior and Informed Consent (FPIC) as set out in the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and the ILO Convention 169; emphasises that Economic Partnership Agreements (EPAs) shall contribute to provide a sustainable foundation for the implementation of the African Continental Free Trade Area and thereby attract private capital, contribute to the building of resilient and sustainable regional value chains, boosting and diversifying intra- African trade, which is indispensable for fostering sustainable development and achieving the goals of the 2030 Agenda; believes that the African Continental Free Trade Area and the ongoing regional integration efforts provide a good opportunity to rebalance the international investment regime so that it becomes responsible, equitable and conductive to sustainable development; takes the view that EU support to African Continental Free Trade Agreement (AfCFTA) should go along the development of regulative frameworks, to prevent a “race to bottom” of social and environmental norms;
Amendment 21 #
2023/2065(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that the current EPA’s Trade Sustainability Development (TSD) Chapter has a limited scope of binding commitments and provisions on dialogue with civil society; believes that EPAs should systematically integrate a mandatory and enforceable sustainable development chapter which reflect the highest labour & environmental standards to achieve the goals of the 2030 Agenda, which entails e.g. the inclusion of strong sustainability commitments related to the Paris Climate Agreement; the Kunming-Montreal Global Biodiversity Framework; international core labour standards and gender equality and women’s empowerment; in particular, recalls that, to be effective, TSD chapter should be covered by the dispute settlement mechanism; welcomes the integration of a TSD chapter in the remit of the EU EPA with Kenya; urges the Commission to build upon it and to strive for the strengthening of the EPA’s TSD Chapter in the ongoing review process of the SADC EPA;
Amendment 27 #
2023/2065(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Highlights the importance of broadly, systematically and meaningfully involving local and regional civil society in the EPA’s implementation, monitoring and the ex post evaluations thereof.
Amendment 1 #
2023/2031(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to the ILO Convention 169 related to Indigenous and Tribal Peoples,
Amendment 3 #
2023/2031(INI)
Motion for a resolution
Citation 5 b (new)
Citation 5 b (new)
– having regard to the Ten Principles of the United Nations Global Compact,
Amendment 4 #
2023/2031(INI)
Motion for a resolution
Citation 5 c (new)
Citation 5 c (new)
– having regard to the Eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at Work,
Amendment 5 #
2023/2031(INI)
Motion for a resolution
Citation 5 d (new)
Citation 5 d (new)
– having regard to the Minamata Convention on Mercury,
Amendment 6 #
2023/2031(INI)
Motion for a resolution
Citation 5 e (new)
Citation 5 e (new)
– having regard to the Convention on Biological Diversity, in particular Decision COP VIII/28 - Voluntary guidelines on biodiversity-inclusive impact assessment,
Amendment 7 #
2023/2031(INI)
Motion for a resolution
Citation 5 f (new)
Citation 5 f (new)
– having regard to the UNEP Guidelines for Social Life Cycle Assessment of Products,
Amendment 8 #
2023/2031(INI)
Motion for a resolution
Citation 5 g (new)
Citation 5 g (new)
– having regard to EIB Eligibility, Excluded Activities and Excluded sectors list,
Amendment 17 #
2023/2031(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas according to the UNEP, the Artisanal and Small-scale Mining in Protected Areas and Critical Ecosystems (ASM-PACE) project estimates that ASM produces approximately 10 per cent of the word’s gold, 15-20 per cent of its diamonds, 20 to 25 per cent of its tin and tantalum and 80 per cent of coloured gemstones1a; _________________ 1a UNEP, ‘Mineral Resource Governance in the 21st Century. Gearing Extractive Industries Towards Sustainable Development’, p.81.
Amendment 18 #
2023/2031(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas informal, artisanal and small-scale mining (ASM) is a poverty- driven activity, which generally distinguished from large-scale or industrial mining by its relatively low levels of capital investment, mechanisation, recovery of minerals, high degree of labour intensity, informality, poor occupational health, safety and environmental standards;
Amendment 19 #
2023/2031(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas ASM often involves women, thereby increasing their vulnerability, due to the lack of access to, use of and control over resource-rich land and other productive resources and finance;
Amendment 25 #
2023/2031(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the extractive industries can potentially play a crucial role in the development of many resource-rich developing countries, by providing public revenues from mining and mining-related operations, employment opportunities and infrastructure; yet extractive industry can be disruptive and lead to severe environmental degradation and disruption of social fabric, and in some cases, even unleashing political dynamics that result in the deterioration of governance and serious conflicts;
Amendment 32 #
2023/2031(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the extractive industries can have severe negative social, economic, environmental and institutional impacts at local, national and global level; in particular, whereas it creates freshwater competition, especially for agriculture, and water contamination, which has severe and far-reaching impact on biodiversity and ecosystem services, notably fish habitats and populations located downstream of mines and the marine environment, on which people depend for their livelihoods;
Amendment 35 #
2023/2031(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Amendment 37 #
2023/2031(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the negative social and environmental impact of extractive industries risk to become more severe in the future, given the trend towards mining lower grade ores, which will lead to larger amounts of waste, as well as higher energy and water demands; whereas this is particularly worrying for marginalised and vulnerable people in developing countries, where the impacts of climate change already increases water scarcity; furthermore, as easily accessible reserves become depleted, exploration is moving to remote and often fragile areas, as in the case of deep-sea mining;
Amendment 39 #
2023/2031(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas an analysis of the World Bank states that 44% of all operational mines are located in forests, inducing a significant impact on deforestation, as well as on indigenous people and local communities that depend on forests for their livelihoods;
Amendment 40 #
2023/2031(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas the right to information, participation and remedy are internationally protected human rights enshrined in multilateral agreements, addressing environmental decision- making in particular, which are of particular importance in the case of mining;
Amendment 49 #
2023/2031(INI)
Motion for a resolution
Recital G
Recital G
G. whereas accelerating the efforts to address climate change and dealing with the rapidly rising demand for the raw materials indispensable to achieving the green and digital transitions should beraise both challenges and opportunityies for the extractive industries sector to become sustainable, considering that mining activities can lead to deforestation, loss of biodiversity, resulting from air, water and soil pollution, and waste mining, and for resource-rich developing countries to capitalise on this demand and attain economic and social development, while reducing their GHG emissions; , given that realising the full potential of the mining sector is fraught with many challenges, which includes among others: the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; corruption and conflicting stakeholders interests;
Amendment 58 #
2023/2031(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas minerals are unevenly distributed across the globe, which has a huge impact on the Global South; whereas an analysis1a found that in 2019, 79% of global metal ore extraction originated from five of the six most species-rich biomes; _________________ 1a Luckeneder, S., Giljum, S., Schaffartzik, A., Maus, V., & Tost, M., ‘Surge in global metal mining threatens vulnerable ecosystems’. Global Environmental Change, V. 69, 2021.
Amendment 59 #
2023/2031(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas the Treaty of the High Seas adopted in June 2023 provides for a framework to protect the High Sea from the impacts of extractive industries and establishes the sharing of benefits from marine genetic resources between developed and developing countries; whereas the EU has pledged €40 million as part of a Global Ocean Programme in order to help developing countries in the implementation of the treaty;
Amendment 60 #
2023/2031(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the EU is the largest donor of development aid in the world; stresses, therefore, the importance of mainstreaming sustainable development principles across all EU external action, in particular in policies related to the extractive industries, in line with the EU’s legal obligation to ensure policy coherence for development; to this effect, stresses that the definition of mutually beneficial strategic partnership with third countries entails, in particular for low-income resource-rich countries, to breaking away from the enclave nature and extractivist model of the mining sector and to afford developing countries sufficient policy space to do so, including through the reform of the international trade and investment regime that constraints the use of the full range of policy instruments to achieve resource-based industrialisation at the local level;
Amendment 68 #
2023/2031(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. IPoints out that mining increases the risk of land grabbing, in a context where governments of developing countries often fail to recognise indigenous peoples and communities customary rights to the lands they inhabit; invites the Commission to strengthen its dialogue and cooperation with civil society organisations, local communities and indigenous peoples in developing countries affected by extractive industries, in order to promote their rights and ensure their meaningful and active participation in decision-making processes, particularly with regard to Global Gateway flagship projects; underlines that civil society actors should have formal representation on the governance board of the Global Gateway;
Amendment 77 #
2023/2031(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Notes the growing threat to food security resulting from Small-Scale Mining (ASM), which tend to coexist in rural areas, where both agriculture and artisanal and Small-Scale Mining (ASM) are key means of improving rural livelihoods; highlights equally the environmental and health risks associated with unregulated ASM activities and the fact that according to the UNEP, many ASM activities occur on global commons of forested lands in critical ecosystems that were not previously used; recalls that the “no-harm rule” is a duty imposed upon States, which requires to implement measures to prevent or otherwise minimise risks of environmental harm;
Amendment 80 #
2023/2031(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Recalls that artisanal, informal and small-scale mining is a highly gendered activity; calls on the EU to support developing countries through financial support and capacity building programmes to formalize and regulate ASM activities, particularly those involving women; and to encourage the formation of women’s mining cooperatives and associations to improve women’s participation, bargaining power, work conditions and economic independence;
Amendment 83 #
2023/2031(INI)
Motion for a resolution
Paragraph 4 – introductory part
Paragraph 4 – introductory part
4. Calls for the Commission to put forward an EU Code of Conduct on Responsible Investment in Extractive Industries in Developing Countries for businesses and development finance institutions, in compliance with inter alia due diligence processes as defined by EU legislation, including OECD Guidelines for Multinational Enterprises, the UN Global Compact and the ISO 26000 standards, drafted with inputs from industry, as well as from civil society in developing countries and from representatives of indigenous communities; considers that the code should articulate clear commitments and tailored guiding principles for investment in developing countries; stresses that local consultation, local consent and local sustainable development should be the overarching objective of the code; believes that the code should cover, at a minimum, commitments on:
Amendment 86 #
2023/2031(INI)
Motion for a resolution
Paragraph 4 – point a
Paragraph 4 – point a
a) stakeholder involvement; considers that where a third country has not legislated for mandatory CDAs, European businesses should implement them as a prerequisite for doing business; considers that the agreements should be negotiated with local communitieswith indigenous people and local communities, comply effectively with the principles of Free, Prior, and Informed Consent (FPIC) of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples, and should be made publicly accessible;
Amendment 103 #
2023/2031(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. UNotes with concern that for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development; underlines that addressing the ‘resource curse’ involves not only economic diversification, but also increasing third countries’ fiscal space to facilitate sustainable development; stresses that the EU should proactively encourage domestic resource mobilisation in partner countries, such as direct taxation, and enable the possibility to use export taxes on commodities, insofar as it is WTO- compatible; calls on the Commission and the Member States to commit to scaling up concessional finance in parallel to the Critical Raw Materials Act8 ; reiterates that the ceilings in Heading 6 of the multiannual financial framework (MFF) must be increased accordingly in the context of the upcoming MFF review; _________________ 8 Proposal of 16 March 2023 for a regulation of the European Parliament and of the Council establishing a framework for ensuring a secure and sustainable supply of critical raw materials and amending Regulations (EU) 168/2013, (EU) 2018/858, (EU) 2018/1724 and (EU) 2019/1020 (COM(2023)0160).
Amendment 106 #
2023/2031(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Recalls that the impacts of mining can extend for years beyond closure of the mine itself, considering that mine waste are toxic, and therefore disruptive for the environment, biodiversity services and associated livelihoods;accordingly, calls for effective mineral resource governance throughout the life cycle of mining operations, which requires among others: - recognition of the rights of Free, Prior and Informed Consent (FPCI) of Indigenous People and Local Communities;their access to information for effective public participation in decision-making, and the insurance that persons exercising their rights are not penalised, persecuted or harassed; - full transparency of the mining sector in relation to revenues and contracts, in line with Extractive Industries Transparency Initiative (EITI) requirements, including regarding environmental transparency; - to addressing social impacts of mining and mitigating these, through an approach driven by an Avoid, Mitigate, Restore principle;
Amendment 111 #
2023/2031(INI)
6a. Notes with deep concern that if not managed and mitigated properly, increased demand for critical raw materials will lead to negative environmental and social impacts, particularly for sectors that show a strong dependence on ecosystem services (such as agriculture, nature-based tourism and fisheries); stresses the need to prioritise sustainability, efficiency and circularity at multilateral level and to reduce demand for virgin materials, notably to address the challenges of climate change, water stress and pollution and loss of biodiversity;
Amendment 115 #
2023/2031(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. CStresses the need to move away from a culture of extractivism to a resource governance system that takes into account i.e. the rate of depletion, the availability of substitutes, efficiency, recycling and the sustainability of consumption; calls for the EU to promote multi- stakeholder partnerships at regional and international level on this line;
Amendment 122 #
2023/2031(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Reaffirms the urgent need for a UN binding treaty on business and human rights to regulate the activities of transnational corporations and other business enterprises, in line with with the United Nations “Protect, Respect and Remedy” Framework; asks, therefore, the Commission and the Member States to play an active role in the current negotiations on the instrument;
Amendment 129 #
2023/2031(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Recalls that land use conflicts can arise from the deployment of critical raw material projects, notably in developing countries, where forced eviction or relocation are common features of mining operations, which is a serious human rights violation, especially for indigenous people whose livelihoods are closely intertwined with the land and who derive much of their livelihoods from biodiversity services; calls for the compliance with FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, to avoid land-grabbing resulting from extractive industries;
Amendment 133 #
2023/2031(INI)
Motion for a resolution
Paragraph 11 b (new)
Paragraph 11 b (new)
11b. Underlines that deep-sea mining is likely to cause many adverse impacts on deep-sea ecosystems by increasing release of toxic substances and the agitation of sediments, which is a major concern for governments of small island developing countries that depend on marine life;
Amendment 134 #
2023/2031(INI)
Motion for a resolution
Paragraph 11 c (new)
Paragraph 11 c (new)
11c. Recalls the need to prohibit environmentally damaging industrial extractive activities in marine protected areas, including mining, oil and gas and harmful industrial fishing techniques in line with the IUCN guidelines and the Kunming-Montreal Global Biodiversity Framework, in order to protect ecosystems and traditional activities of local communities;
Amendment 135 #
2023/2031(INI)
Motion for a resolution
Paragraph 11 d (new)
Paragraph 11 d (new)
11d. Reiterates its support for a moratorium, including at the International Seabed Authority on deep- seabed mining until such time as the effects of deep-sea mining on the marine environment, biodiversity and human activities at sea have been studied and researched sufficiently and deep-seabed mining can be managed to ensure no marine biodiversity loss nor degradation of marine ecosystems; calls on the EU and its Member States to commit not to source minerals from the deep-seabed, to exclude such minerals from the EU supply chains, and not to finance deep- seabed mining activities;
Amendment 136 #
2023/2031(INI)
Motion for a resolution
Paragraph 11 e (new)
Paragraph 11 e (new)
11e. Calls on the EU to provide developing countries financial support and technical assistance to developing countries to help them in implementing the Kunming-Montreal Global Biodiversity Framework and The United Nations High Seas Treaty;
Amendment 138 #
2023/2031(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to use the 2023 review process of the Conflict Minerals Regulation as an opportunity to assess the impact of the regulation on the ground and the possibility to include further mandatory measures and cover other mineralsenlarge its scope to cover other minerals; notes that the conflict mineral regulation does not foresee any sanction and that this gap can be filled by the upcoming Corporate Sustainability Due Diligence Directive (CSDDD);
Amendment 142 #
2023/2031(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the Council to sign the new Partnership Agreement between the EU and the members of the OACPS, as it provides a strengthened and modernised framework for cooperation with ACP countries, which contains specific references to the extractive industries; recalls, in this context, that sustainability entails compliance with due diligence processes, as defined by EU legislation and OECD Guidelines for Multinational Enterprises, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned;
Amendment 16 #
2023/2018(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that as defined in the Grand Bargain, EU volunteering programmes in humanitarian contexts must work in line with the localisation agenda and therefore calls for providing humanitarian aid as much local as possible;
Amendment 19 #
2023/2018(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned about the lengthy volunteer selection procedure, in particular with regard to waiting times for mandatory in-person training, which could lead to candidates dropping out and losing interest; underlines that humanitarian operations require adequate training; stresses that the selection, training and deployment of volunteers should be simplified to respond faster to local needs and efficiently improve support to local organisations; underlines that humanitarian operations require adequate training; furthermore, stresses that volunteers should be able to complete their mandatory training at the beginning of their deployment to be operational faster;
Amendment 24 #
2023/2018(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that volunteers taking part in the humanitarian strand of the ESC should be recruited for specific knowledge and skills that may not be readily available in the country of deployment, nor the host organisation; underlines the value of local staff and volunteers to ensure continuity of the work in the organisations; insists that volunteers in the humanitarian aid strand should not replace or duplicate national staff in host organisations or roles that could be filled by local volunteers, but rather strengthen them;
Amendment 26 #
2023/2018(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Stresses the importance of enhancing the capacity building and training dimensions of the programme to the benefit of both volunteers and hosting organizations, especially on humanitarian and core EU principles;
Amendment 27 #
2023/2018(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Underlines the need to facilitate the administrative procedure for obtaining the Quality Label giving access to the ESC programme to host organisations, in particular smaller organisations and organisations that have not yet handled European programmes;
Amendment 36 #
2023/2018(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Notes that around two thirds of the selected projects for 2023 are development-centred; calls for a more balanced humanitarian-centred approach for future selections; calls on the Commission to consider the possibility of revising the regulation to allow volunteering in safe zones of conflict- affected countries, subject to clear security and safety protocols and the fulfilment of the duty of care for volunteers.; in this regard, insists that the deployment of volunteers be focused on pre-disaster preparedness and post-disaster recovery settings, where the conditions are more favourable for access and impact without risking to affect negatively the support offered by regular humanitarian staff to affected populations;
Amendment 1 #
2023/0264(BUD)
Draft opinion
Recital A
Recital A
A. whereas in a context of increasing geopolitical instability, crises and natural disasters, the EU must strengthen its role through credible cooperation with partner countries in the neighbourhood and the Global South; whereas the already existing acute food insecurity and malnutrition in the Global South have increased since the start of Russia’s war of aggression against Ukraine;
Amendment 2 #
2023/0264(BUD)
Draft opinion
Recital B a (new)
Recital B a (new)
Ba. whereas the 2024 European Union budget contribution to partner countries in the Global South should be aligned with the ambitions of making the Union climate neutral by 2050 at the latest, as well as with the Union’s international commitments, in particular the Paris Agreement and the Kunmin-Montreal Agreement, and significantly contribute to the implementation of the European Green Deal, the EU Biodiversity Strategy for 2030, the Farm to Fork Strategy, the Circular Economy Action Plan, the Chemical Strategy for Sustainability and the Zero-pollution Action Plan;
Amendment 5 #
2023/0264(BUD)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Stresses the need for continuous efforts towards the achievement of climate and biodiversity mainstreaming targets laid down in the Interinstitutional Agreement of 16 December 2020 on the Union budget and the European Union Recovery Instrument expenditures; stresses the need to ensure consistency between climate and biodiversity funding and calls on the Commission to publish the amounts and shares of expenditure that will contribute to both targets per programme, including the Neighbourhood, Development and International Cooperation - Global Europe (NDICI-GE) instrument, when presenting the draft budget; emphasises the need to carry out sufficient ex-post evaluations with a particular focus on the impact of the projects on climate and biodiversity;
Amendment 7 #
2023/0264(BUD)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Is concerned that the Commission underlines that the 10 % biodiversity target in 2026 and 2027 set in the MFF and stated in the provisions of the NDICI- GE instrument will most likely not be reached, and that it proposes no avenue towards reaching the agreed target; therefore underlines that further efforts must be made especially in the mid-term review of the NDICI-GE instrument and in the relevant annual workplans, to ensure that the spending target set for the years 2026 and 2027 is met; highlights that the biodiversity financing gap over the period 2021-2030 is around EUR 18,69 billion per year and should be remedied as soon as possible;
Amendment 9 #
2023/0264(BUD)
Draft opinion
Paragraph 1 c (new)
Paragraph 1 c (new)
1c. Is concerned that migration is the main component behind the EUR 10.5 billion rise in the ceiling of Heading 6; calls for complementary information on the exact purpose of the individual top- ups that led to this increase; underlines that this increase significantly surpasses the migration-related budgetary target set in the NDICI-GE Regulation; urges to respect each budgetary target set in the Regulation and to maintain a balanced distribution across all spending targets, including notably 30 % for climate, 85 % for gender mainstreaming, 20 % for human development;
Amendment 13 #
2023/0264(BUD)
Draft opinion
Paragraph 2
Paragraph 2
2. Notes with great concern that humanitarian aid remains the most strained instrument under Heading 6; warns that ad- hoc solutions through budgetary reinforcements from other funding sources or redeployments and recommitments are not sustainable; calls on the Commission to establish and maintain a solid baseline for predictable and principled humanitarian aid as the trend of growing emergencies is unlikely to slow down, notably due to the humanitarian impact of the increasing number of weather events expected to occur until 2027; reminds that humanitarian needs in Ukraine will not be covered by the Ukraine Facility proposed in the MFF revision; requests an increase of 1 billion euro to the HUMA budget line, which anticipates the needs predicted by main humanitarian actors and takes into account that the EU humanitarian budget in 2022 reached EUR 2,62 billion after several reinforcements and that similar needs remain for 2024;
Amendment 15 #
2023/0264(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for additional investments to address the setback in the recognition and protection of sexual and reproductive health and rights (SRHR) as well as the general backlash against women’s rights and gender equality in developing countries; in this regard underlines that targeted support to CSOs and communities advocating for the respect of SRHR, women’s rights, gender equality and the LGBTIQ+ community and other marginalised populations should be prioritised;
Amendment 18 #
2023/0264(BUD)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes that the Commission has further developed a methodology to track gender equality-related spending in the 2021-2027 MFF, which looks at policy design and resource allocation, and in particular the presentation of an ex-post gender impact assessment on a more granular level and reporting on volumes; calls on the Commission to holistically assess the gender impact of spending and ensure that all the relevant data is available for tracking;
Amendment 19 #
2023/0079(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Access to raw materials is essential for the Union economy and the functioning of the internal market. There is a set of non-energy, non-agricultural raw materials that, due to their high economic importance and their exposure to high supply risk, often caused by a high concentration of supply from a few third countries, are considered critical. Given the key role of many such critical raw materials in realising the green and digital transitions, and in light of their use for defence and space applications, demand will increase exponentially in the coming decades if no measure is implemented to mitigate the growth and shield the EU from the rising gap between demand and suply at the global level. At the same time, the risk of supply disruptions is increasing against the background of rising geopolitical tensions and resource competition. Furthermore, if not managed and mitigated properly, increased demand for critical raw materials could lead to negative environmental and social impacts, particularly for sectors that show a strong dependance on ecosystem services (such as agriculture, nature- based tourism and fisheries). In addition, the negative social and environmental impact of extractive industries risk to become more severe in the future, given the trend towards mining lower grade ores, which will lead to larger amounts of waste, as well as higher energy and water demands. Equally, as easily accessible reserves become depleted, exploration is moving to remote and often fragile areas, as is the case of deep-sea mining. Considering these trends, while it is necessary to take measures to ensure access to a secure and sustainable supply of critical raw materials to safeguard the Union's economic resilience and open strategic autonomy, greater resource efficiency and circularity need to be prioritised around the globe to reduce demand for virgin materials, as current trends of resource extraction and processing cause environmental impacts that would exceed the planetary boundaries.
Amendment 24 #
2023/0079(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) For some raw materials, the Union is almost fully dependent on a single country for its supply. Such dependencies entail a high risk of supply disruptions. Likewise, while well-managed income from extractive resources presents opportunities for supporting inclusive development for resource-rich developing countries, yet extractive industry can be disruptive and lead to severe environmental degradation and disruption of social fabric, and in some cases, even unleashing political dynamics that result in the deterioration of governance and serious conflicts. To limit such potential risk and increase the Union’s economic resilience, efforts should be undertaken to ensure that, by 2030, it is not overly dependent on a single third country for more than 65% of its supply of any strategic raw material, unprocessed and at any stage of processing, giving however special consideration to countries with whom the Union has established a Strategic Partnership on raw materials giving rise to greater assurances regarding supply risks.
Amendment 25 #
2023/0079(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to diversify the Union's supply of strategic raw materials, the Commission should, with the support of the Board, identify Strategic Projects in third countries that intend to become active in the extraction, processing or recycling of strategic raw materials. To ensure that such Strategic Projects are effectively implemented, they should benefit from improved access to finance. In order to ensure their added value, projects should be assessed against a set of criteria, taking into account that for a majority of resource-rich developing countries, mining, oil or gas exploitation has not translated into broader-based economic, human and social development. Like projects in the Union, Strategic Projects in third countries should strengthen the Union's security of supply for strategic raw materials, show sufficient technical feasibility and be implemented sustainably. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved and add value in that country, taking into account also its, in compliance with due diligence processes as defined by EU legislation and OECD Guidelines for Multinational Enterprises, addressing adverse impacts on human rights and environmental, rule of law and good governance, as well as the FAO Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, where land tenure rights are concerned. For projects in emerging markets and developing economies, the project should be mutually beneficial for the Union and the third country involved, taking into account that for mineral-rich developing countries, realising the full potential of the mining sector as a catalyst for sustainable development is fraught with many challenges, which includes among others: the finite nature of mineral deposits; the “enclave” nature of the extractive industry, with few links to the local economy; the volatility in commodity prices; limited national capacities, which leaves ill-equiped national administrations vulnerable to large multinational companies; corruption and conflicting stakeholders interests. A project should add value in that country, taking into account the principle of Policy Coherence for Development (PCD) as laid down in Article 208 TFEU and be consistencyt with the Union’s common commercial policy and WTO regime in the field of export taxes on commodities. Such value may be derived from the project’s contribution to more than one stage of the whole value chain, including raw material processing, as well as from creating through the project wider economic and social benefits, including the creation of employment in compliance with international standards, notably the core labour standards of the International Labour Organisation, as well as the right to the free, prior, and informed consent of Indigenous peoples and local communities, in line with the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and ILO Convention 169 on Indigenous and Tribal Peoples. Where the Commission assesses these criteria to be fulfilled, it should publish the recognition as a Strategic Project in a decision.
Amendment 33 #
2023/0079(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) The definition of mutually beneficial partnership with third countries entails, in particular for low-income resource-rich countries, to move away from the enclave nature and extractivist model of the mining sector and to provide developing countries with sufficient policy space to do so, including through the reform of the international trade and investment regime that constraints the use of the full range of policy instruments to achieve resource-based industrialisation at the local level.
Amendment 35 #
2023/0079(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure the sustainability of increased raw material production, new raw materials projects should be implemented sustainably. To that end, taking into account that the impacts of mining can extend beyond the operations of the mine. This is particularly relevant for low- income resource-rich countries, notably concerning mine waste that are toxic in nature, and therefore disruptive for the environment, biodiversity services and associated livelihoods. Against this background, the potential impacts throughout the whole life cycle of a project, and for years beyond closure of the mine itself, need to be considered. Workers’ rights constitute another important issue to address in the extractive industry, taking into account that the denial of civil liberties, undue restrictions on the right to strike; interference by governments in the functioning of workers’organisations and restrictive legislation are common challenges in developing countries. In addition, special attention should be paid to the role of women in artisanal and small-scale mining and the adverse environmental and social impacts of mining that can disproportionately affect women. To these ends, the Strategic Projects receiving support under this Regulation should be assessed taking into account international instruments covering notably all aspects of sustainability highlighted in the EU principles for sustainable raw materials31[1], including ensuring environmental protection, including the protection of marine and coastal environment, good governance, socially responsible practices, including respect for human and social rights such as the rights of women, and transparent business practices. Projects should also ensure engagement in good faith as well as comprehensive and meaningful consultations with local communities, including with and indigenous peoples. To provide project promoters with a clear and efficient way of complying with this criterion,compliance with relevant Union legislation, international standards, guidelines andprinciples or participation in a certification scheme recognised under this Regulation should be considered sufficient. _________________ 31, in full compliance with the principles of Free, Prior and Informed Consent (FPIC). [1] European Commission, Directorate- General for Internal Market, Industry, Entrepreneurship and SMEs, EU principles for sustainable raw materials, Publications Office, 2021, https://data.europa.eu/doi/10.2873/27875
Amendment 41 #
2023/0079(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Any promoter of a strategic raw materials project should be able to apply to the Commission for the recognition of their project as a Strategic Project. The application should include several documents and evidence related to the criteria. To better assess the social, environmental and economic viability, the feasibility of the project as well as the level of confidence in the estimates, the project promoter should also provide a classification of the project according to the United Nations Framework Classification for Resources, and to allow for objective validation, they should support this classification with relevant evidence. A timetable for the project should also be attached to an application, in order to estimate when the project would be able to contribute towards the benchmarks for domestic capacity or for diversification. As public acceptance of mining projects is crucial for their effective implementation, the promoter should also provide a plan containing measures to facilitate public accepensure public participation. This is also valid for projects in third countries, where the respect of the Free, Prior and Informed Consent (FPIC) of local communities and indigenous people is of primary importance. Special attention should be paid to social partners, civil society and other oversight actors. The promoter should also provide a business plan providing information regarding the project’s financial viability and giving an overview of funding and off- take agreements already secured as well as estimates for potential job creation and for the project’s needs in terms of skilled workforce, including upskilling and reskilling.
Amendment 43 #
2023/0079(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) As the cooperation of the Member State on whose territory a Strategic Project will be implemented is necessary to ensure its effective implementation, that Member State should have the right to object to and thereby prevent that a project is granted the status of Strategic Project against its will. If it does so, the relevant Member State should provide a reasoned justification for its refusal referring to the applicable criteria. Similarly, the Union should not grant the status of Strategic Project to projects that will be implemented by a third country against the will of its government and should therefore refrain from doing so where a third country government objects, taking into account that environmental and social impacts are the main factors leading to a lack of public acceptance in the extractive sector.
Amendment 46 #
2023/0079(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Land use conflicts can create barriers toarise from the deployment of critical raw material projects, notably in developing countries, where forced eviction or relocation are common features of mining operations. This is a serious human rights violation, especially for indigenous people whose livelihoods are closely intertwined with the land and who derive much of their livelihoods from biodiversity services. Well-designed plans, including spatial plans and zoning, that take into account the potential for implementing critical raw material projects and whose potential environmental impacts are assessed, have the potential to help balance public goods and interests, decreasing the risk of conflict and accelerating the sustainable deployment of raw materials projects in the Union. Responsible national, regional and local authorities should therefore consider including provisions for raw materials projects when developing relevant plans.
Amendment 49 #
2023/0079(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Partnership of the key stakeholders in the extractive value chain entails to meet the twin goals of sustainable development for exporting countries and security of supply for importer countries. In order to overcome the limitations of the currently often fragmented public and private investments efforts, facilitate integration and return on investment, the Commission, Member States and promotional banks should better coordinate and create synergies between the existing funding programmes at Union and national level as well as ensure better coordination and collaboration with industry and key private sector stakeholders. To that end, a dedicated sub- group of the Board bringing together experts from the Member States and the Commission as well as relevant public financial institutions should be set up. This sub-group should discuss the individual financing needs of Strategic Projects and their existing funding possibilities in order to provide project promoters with a suggestion on how to best access existing financing possibilities. When discussing and making recommendations for the financing of Strategic Projects in third countries, the Board should in particular take into account the Global Gateway strategy42 . _________________ 42 Joint Communication to the European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and the European Investment Bank The Global Gateway (JOIN/2021/30 final)[1], which should comply with the objectives and general principles set in NDICI - Global Europe regulation and the international guidelines and Conventions on investiment, including the UN Principles for Responsible Investment, the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, ILO conventions, international human rights law and the development effectiveness principles.
Amendment 60 #
2023/0079(COD)
Proposal for a regulation
Recital 50
Recital 50
(50) The production of critical raw materials at different stages of the value chain causes negative environmental impacts, whether on climate, air, sol, water, fauna or flora. It creates among others freshwater competition, especially for agriculture, and water contamination, which has severe and far-reaching impact on biodiversity and ecosystem services, notably fish habitats and populations located downstream of mines, incuding aquaculture and fisheries, and the marine environment, on which people depend for their livelihoods. This is particularly the case of marginalised and vulnerable people in developing countries, where the impacts of climate change, including increasing water scarcity, will only make matters worse. In order to limit such damage and incentivise the production of more sustainable critical raw materials, the Commission should be empowered to develop a system for the calculation of the environmental footprint of critical raw materials, including a verification process, to ensure that critical raw materials placed on the Union market publicly display information on such footprint. The system should be based on taking into account scientifically sound assessment methods and relevant international standards in the area of life cycle assessment. The requirement to declare the environmental footprint of a material should only apply where it has been concluded, based on a dedicated assessment, that it would contribute to the Union’s climate and environmental objectives by facilitating the procurement of critical raw materials with lower environmental footprint and would not disproportionately affect trade flows. When the relevant calculation methods have been adopted, the Commission should develop performance classes for critical raw materials, thereby allowing potential buyers to easily compare the relative environmental footprint of available materials and driving the market towards more sustainable materials. Sellers of critical raw materials should ensure that the environmental footprint declaration is available to their customers. Transparency on the relative footprint of critical raw materials placed on the Union market may also enable other policies at Union and national level, such as incentives or green public procurement criteria, fostering the production of critical raw materials with lower environmental impacts.
Amendment 63 #
2023/0079(COD)
Proposal for a regulation
Recital 53 a (new)
Recital 53 a (new)
(53a) Agenda 2030 has given a new impetus to deliver improved livelihoods from extractive resources, provided that careful consideration is paid to the views and expectations of all the key actors in home and host countries, to reconcile issues of sustainable development and security of supply, such as the Africa Mining Vision and the EU Raw Materials Initiative. At the local level, inclusive business models should be implemented in which local communities participate in decision-making, their rights are protected and they benefit from extractive industries.
Amendment 64 #
2023/0079(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) The Union has concluded Strategic Partnerships covering raw materials with third countries in order to implement the 2020 Action Plan on Critical Raw Materials. In order to diversify supply, these efforts should continue. Nevertheless, the Union should fully take into account that extractive industries in developing countries often operate in complex social environments surrounded by communities living in extreme poverty. In addition, mining can become a “threat multiplier” in third developing countries, notably in terms of serious human rights violations, especially if the State is weak and corrupt. To develop and ensure a coherent framework for the conclusion of future partnerships, the Member States and the Commission should, as part of their interaction on the Board and with full involvement of the European Parliament, discuss and ensure coordination on, inter alia, whether existing partnerships achieve the intended aims, the prioritisation of third countries for new partnerships, the content of such partnerships and their coherence and potential synergies between Member States' bilateral cooperation with relevant third countries. The Union should seek mutually beneficial partnerships with emerging market and developing economies notably in terms of rent extraction, getting a fair deal and share of profits, transparency, accountability, tackling illicit financial flows, improving regulation of the activities of trans- national corporations and financial regulation, in coherence with Agenda 2030 and its Global Gateway strategy, which should contribute to the diversification of its raw materials supply chain as well as add value in the production in these countries.
Amendment 74 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The general objective of this Regulation is to improve the functioning of the internal market by establishing a framework to ensure the Union's access to a secure and sustainable supply of critical raw materialsimprove the resilience of the Union regarding the supply of critical raw materials, by prioritising sustainability, efficiency and circularity, with the view to reduce global demand for virgin materials to achieve Sustainable Development Goals, notably to address the challenges of climate change, water stress and pollution and loss of biodiversity.
Amendment 82 #
2023/0079(COD)
Proposal for a regulation
Article 1 – paragraph 4 a (new)
Article 1 – paragraph 4 a (new)
4a. For Strategic projects in third countries, the Commission shall follow a sustainable development approach based on the following principles: - The strength of the economic outcome, to support development goals and in particular, the shift from an enclave production mining model to a model tied to local industry through local participation and local content; - Sound environmental management; - The respect for social values and aspirations of a diverse group of stakeholders resulting from credible multi-stakeholder consultative process; - The observance of the highest governance and transparency standard; - These principles shall be applicable to governments, companies and stakeholders involved in the mining sector.
Amendment 87 #
2023/0079(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 62
Article 2 – paragraph 1 – point 62
(62) ‘Strategic Partnership’ means a commitment between the Union and a third country to increase cooperation related to the raw materials value chain that is established throughseeks to address both the goals of sustainable development for exporting countries and the security of supply for importer countries, while addressing the externalities of mineral resource extraction (economic, social and environmental damage) and mitigating its impact, through the establishment of a non-binding instrument setting out concrete actions of mutual interest.
Amendment 94 #
2023/0079(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) for projects in third countries that are emerging markets or developing economies, the project would be mutually beneficial for the Union and the third country concerned by adding local value in that country, notably through contributing to the formalization of artisanal and small-scale mining sector and inclusive business models in which local communities participate in decision- making, their rights are protected and they benefit from extractive activities; and which ties both home and host countries in a shared responsibility to comply with high social, environmental and human rights standards.
Amendment 130 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii a (new)
Article 33 – paragraph 1 – point a – point iii a (new)
(iiia) contributing to economic and social developments in partner countries, in particular for emerging markets and developing economies, through a governance framework that prioritises human rights, while also promoting the uptake of environmentally sustainable and circular economy practices and decent working conditions;
Amendment 132 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point a – point iii b (new)
Article 33 – paragraph 1 – point a – point iii b (new)
(iiib) addressing effective mineral resource governance throughout the life cycle of mining operations, which requires among others: - The recognition of the rights of Free, Prior and Informed Consent (FPCI) of Indigenous People and Local Communities;their access to information for effective public participation in decision-making, and ensuring that persons exercising their rights are not penalised, persecuted or harassed; - Full transparency of the mining sector in relation to revenues and contracts, in line with the Extractive Industries Transparency Initiative (EITI) requirements, including regarding environmental transparency; - To address social impacts of mining and mitigating these, through an approach driven by an Avoid, Mitigate, Restore principle.
Amendment 138 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – introductory part
Article 33 – paragraph 1 – point c – introductory part
(c) which third countries should be prioritised for the conclusion of Strategic Partnerships, taking into account the following cumulative criteria:
Amendment 140 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i a (new)
Article 33 – paragraph 1 – point c – point i a (new)
(ia) whether strategic environmental impact assessments and integrated spatial planning are implemented;
Amendment 141 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i b (new)
Article 33 – paragraph 1 – point c – point i b (new)
(ib) whether the principle of prevention and the precautionary principle are respected;
Amendment 142 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i c (new)
Article 33 – paragraph 1 – point c – point i c (new)
(ic) whether the need to protect the local environment and mitigate the negative impact of mining activities is in line with national and international guidelines, especially those of Multilateral Environment Agreements (MEAs);
Amendment 143 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point i d (new)
Article 33 – paragraph 1 – point c – point i d (new)
(id) whether mine closure and the rehabilitation of mine sites (post-mining) policies are in place from the onset in full consultation with the local communities;
Amendment 144 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point ii
Article 33 – paragraph 1 – point c – point ii
(ii) whether a third country's regulatory framework and its effective implementation ensures the monitoring, prevention and, minimisation ofand compensation of adverse social and environmental impacts of mining, the use of socially responsible practices including respect of human and labour rights and meaningful engagement with local communitiesand active participation of affected local communities and indigenous people, the use of transparent and responsible business practices, in compliance with due diligence processes as defined by EU legislation, including the OECD Guidelines for Multinational Enterprises, the UN Global Compact and the ISO 26000 standards and the prevention of adverse impacts on the proper functioning of public administration and the rule of law;
Amendment 150 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iii
Article 33 – paragraph 1 – point c – point iii
(iii) whether there are existing cooperation agreements between a third country and the Union and, for emerging markets and developing economies, and whether the potential for the deployment of Global Gateway investment projects respond to shared visions such as the Country Mining Visions of the Africa Mining Vision and are fully aligned with national development plans such as industrial and trade policies; respect human rights and contribute to the decoupling of natural resource use.
Amendment 159 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv a (new)
Article 33 – paragraph 1 – point c – point iv a (new)
(iva) whether partnerships address the capture of a fair share of mineral resource rents, equitable distribution in the rents, tackle illicit financial flows and commodity price volatility;
Amendment 160 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv b (new)
Article 33 – paragraph 1 – point c – point iv b (new)
(ivb) whether partnerships make international investment laws fairer, including through increased recognition of local laws in handling disputes between investors and host countries; technology transfer and the possibility to use export taxes on commodities, insofar as it is WTO compatible;
Amendment 161 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 1 – point c – point iv c (new)
Article 33 – paragraph 1 – point c – point iv c (new)
(ivc) whether partnerships contribute to the formalization of the mining sector, especially the artisanal and small-scale mining sector, notably through developing conducive and comprehensive legal frameworks, ensuring access to capital, providing access to geological data and appropriate equipment and enabling a dialogue between artisanal small-scale mining stakeholders.
Amendment 162 #
2023/0079(COD)
Proposal for a regulation
Article 33 – paragraph 2
Article 33 – paragraph 2
2. The Board shall, in the context of paragraph 1 and in so far as relates to emerging market and developing economies, ensure cooperation and policy coherence for sustainable development, as enshrined in the UN 2030 Agenda, with other relevant coordination fora, including those established as part of the Global Gateway strategy.
Amendment 173 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – introductory part
Annex III – point 4 – introductory part
4. Whether a project fulfils the criterion referred to in Article 5(1), point (c), shall be assessed taking into account a project’s compliance with the following Union legislation or international instruments and on the basis of the risk categories presented in paragraph 4a:
Amendment 174 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i a (new)
Annex III – point 4 – point i a (new)
(ia) The principles of Free, Prior and Informed Consent (FPIC) as established in the United Nations Declaration on the Rights of Indigenous Peoples, adopted by the UN General Assembly in 2007;
Amendment 177 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i k (new)
Annex III – point 4 – point i k (new)
(ik) EIB Eligibility, Excluded Activities and Excluded sectors list;
Amendment 178 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i b (new)
Annex III – point 4 – point i b (new)
(ib) The International Bill of Human Rights, including the international covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights;
Amendment 179 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i c (new)
Annex III – point 4 – point i c (new)
(ic) ILO Declaration on Fundamental Principles and Rights at Work;
Amendment 181 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i f (new)
Annex III – point 4 – point i f (new)
(if) UNEP Guidelines for Social Life Cycle Assessment of Products;
Amendment 182 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i d (new)
Annex III – point 4 – point i d (new)
(id) The eight fundamental ILO Conventions as defined under the ILO Declaration on Fundamental Principles and Rights at work;
Amendment 183 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i e (new)
Annex III – point 4 – point i e (new)
(ie) The ten Principles of the United Nations Global Compact;
Amendment 184 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i g (new)
Annex III – point 4 – point i g (new)
(ig) Convention on Biological Diversity, in particular Decision COP VIII/28- Voluntary guidelines on Biodiversity-Inclusive impact assessment;
Amendment 185 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i h (new)
Annex III – point 4 – point i h (new)
(ih) UN Paris Agreement;
Amendment 186 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i i (new)
Annex III – point 4 – point i i (new)
(ii) ILO Convention 169 on Indigenous and Tribal Peoples;
Amendment 187 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – point i j (new)
Annex III – point 4 – point i j (new)
(ij) The Extractive Industries Transparency Initiative (EITI);
Amendment 189 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 – paragraph 1 – introductory part
Annex III – point 4 – paragraph 1 – introductory part
Project promoters may also attescomplement compliance with the criterion referred to in Article 5(1), point (c) by:
Amendment 192 #
2023/0079(COD)
Proposal for a regulation
Annex III – point 4 a (new)
Annex III – point 4 a (new)
Amendment 1 #
2022/2080(INI)
Draft opinion
Recital A (new)
Recital A (new)
A. whereas parties to the Addis Ababa Action Agenda of the Third International Conference on Financing for Development committed to enhance revenue administration through modernized, progressive tax systems, more efficient tax collection, as well as to scale up international tax cooperation;
Amendment 2 #
2022/2080(INI)
Draft opinion
Recital B (new)
Recital B (new)
B. whereas global tax competition has resulted in a shift of the tax burden to workers and low-income households; has impinged upon the possibility of developing countries to enhance domestic resource mobilisation and has forced damaging cutbacks in public services in poor countries;
Amendment 3 #
2022/2080(INI)
Draft opinion
Recital C (new)
Recital C (new)
C. whereas Corporate Income Tax represents a higher share of tax revenues and GDP in developing countries than in rich countries; whereas in developing countries, losses due to global corporate taxation are estimated to range from 6 to 13 per cent of total tax revenue, versus 2 to 3 per cent in OECD countries[1]; [1] UNCTAD report (p.12) https://unctad.org/system/files/official- document/aldcafrica2020_en.pdf
Amendment 4 #
2022/2080(INI)
Draft opinion
Recital D (new)
Recital D (new)
D. whereas automatic exchange of information is an effective tool to tackle tax evasion and other IFFs;
Amendment 5 #
2022/2080(INI)
Draft opinion
Recital E (new)
Recital E (new)
E. whereas in October 2021, the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting (IF) agreed a two-pillar solution to address the tax challenges arising from the digitalisation of the economy; but whereas some developing countries expressed concerns, or even refused to endorse this global corporate tax deal (as in the case Kenya and Nigeria);
Amendment 6 #
2022/2080(INI)
Draft opinion
Recital F (new)
Recital F (new)
F. whereas according to the report “Tax Transparency in Africa 2022. Africa Initiative Progress report”[1], illicit financial flows are estimated to be in the range of USD 50-80 billion (EUR 48-77 billion) annually for the continent; [1] The report is a joint publication by the African Union Commission, the African Tax Administration Forum and the Global Forum on Transparency and Exchange of information for Tax Purposes (Global Forum).
Amendment 7 #
2022/2080(INI)
Draft opinion
Recital G (new)
Recital G (new)
G. whereas in 2019, the Africa Group at the United Nations called for a UN Convention on Tax, as an important tool to tackle illicit financial flows; and whereas in February 2021, the High Level Panel on International Financial Accountability, Transparency and Integrity for Achieving the 2030 Agenda (the FACTI Panel) also included the proposal for a UN Tax Convention as a key recommendation in its final report;
Amendment 8 #
2022/2080(INI)
Draft opinion
Recital H (new)
Recital H (new)
H. whereas the potential offered by the taxation of extractive industries to boost fiscal revenues is by and large not well exploited in developing countries due to the inadequacy of tax rules or to difficulties in enforcing them, since transnational companies frequently resort to tax avoidance techniques; whereas this challenge is all the more acute for low- income countries that are heavily dependent on natural resources for their initial development drive;
Amendment 10 #
2022/2080(INI)
Draft opinion
Paragraph -1 a (new)
Paragraph -1 a (new)
-1a. Emphasises that Illicit Financial Flows is a matter of global governance; urges the EU to show strong political will and determination against tax avoidance and evasion, in line with the principle of Policy Coherence for Development, as enshrined in article 208 of the Lisbon Treaty;
Amendment 13 #
2022/2080(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Denounces the existence of a shadowy offshore financial system with offices all over the world, which is allowing enrichment at the public’s expense; stresses that the lack of transparency, including international information sharing, is a key underlying cause of tax-related illicit financial flows;
Amendment 17 #
2022/2080(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Emphasises that the practices brought to light by the Pandora Papers revelations have a severe impact on the fiscal space of developing countries; recalls that tax avoidance by wealthy individuals and corporations shifts the tax burden from larger businesses to smaller and medium-sized businesses that do not have the resources to access similar sophisticated tax planning arrangements. It also shifts the tax burden onto consumption through personal income tax and value-added tax, which is particularly problematic in LDCs where small, medium and micro-enterprises (SMMEs) and informal traders make up the bulk of economic activity and are more vulnerable to significantly reduced income and insecurity;
Amendment 23 #
2022/2080(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights the international commitment to significantly reduce illicit financial flows by 2030, as contained in the Addis Ababa Action Agenda and the 2030 Agenda for Sustainable Development;
Amendment 31 #
2022/2080(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. CReminds that globalisation has affected the ability of countries to generate domestic government revenues and to choose their taxation structure; considers that tax avoidance by multinationals and the existence of tax havens offering no or extremely low effective tax rates are heavily detrimental to the fair collection of tax in countries in the Global South; stresses that multinational corporations should pay taxes in the countries where economic activity occurs and value is created;
Amendment 33 #
2022/2080(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Stresses that the digitalization of the economy has exacerbated existing problems relating to corporate tax avoidance and evasion, and the importance of ensuring fair and effective taxation of digital services;
Amendment 40 #
2022/2080(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises the structural implications of the tax avoidance practices of both multinationals and individuals for developing countries’ fiscal capacities and mid to long-term growth prospects; highlights the increase in inequality and poverty caused by the lack of fiscal space as a result of tax avoidance; recalls that the fight against cross-border tax evasion is crucial as a means to expand the tax base; increase tax revenue and to protect the integrity and fairness of tax systems;
Amendment 47 #
2022/2080(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Recalls that the upcoming global corporate minimum tax will define a fixed baseline for corporate taxation, thereby combating corporate tax avoidance, and calls for the resulting fiscal capacities to be used to build resilient, sustainable and equal societies; calls for international cooperation on the corporate minimum tax to be utilised in such a way as to introduce better transparency measures for the prosecution of tax avoiders; recalls that the distribution of taxing rights between countries must be fair, equitable and in line with the goal of reducing inequalities among countries;
Amendment 50 #
2022/2080(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that tax transparency and exchange of information are essential to stem illicit financial flows and increase domestic resource mobilisation, which is of particular importance to fulfil Sustainable Development Goals, including the African Union Agenda 2063, especially in the current context, marked by rising debt, the impact of the Covid-19 pandemic and the consequences of the war in Ukraine on African economies;
Amendment 54 #
2022/2080(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. CRecalls that transparency of ownership and control of companies, trusts and other legal entities is critical to combat illicit financial flows; in this regards calls on Member States to ensure a full implementation of Directive (EU) 2018/843 of the European Parliament and of the Council of 30 May 2018 amending Directive (EU)2015/849 on the prevention of the use of the financial system for the purposes of money laundering or terrorist financing; calls for full international transparency on the real owners of letterbox companies and real estate; considers that the international exchange of information needs to be expanded to identify tax evaders and calls for greater efforts to tackle financial secrecy, including supporting capacity-building for tax administrations and tax investigations in developing countries.
Amendment 56 #
2022/2080(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Recalls the two-pillar solution of October 2021, agreed by the OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting (BEPS 2.0) to address the tax challenges arising from the digitalisation of the economy, and the critics expressed by developing countries, including the African Tax Administration Forum, for side-lining their interests and for not sufficiently addressing the specific loopholes that limit the taxation rights of African countries;
Amendment 60 #
2022/2080(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Stresses that international cooperation is vital for achieving fair and effective domestic tax systems;
Amendment 61 #
2022/2080(INI)
Draft opinion
Paragraph 6 c (new)
Paragraph 6 c (new)
6c. Calls on the EU to support the setting-up of a UN Framework Convention on Tax, with the aim to strengthening international cooperation and governance on tax and trade-related illicit financial flows; highlights the need to introducing transparent and inclusive decision-making where all countries can negotiate as equals;
Amendment 63 #
2022/2080(INI)
Draft opinion
Paragraph 6 d (new)
Paragraph 6 d (new)
6d. Recalls that the EU and its Member States have recognised that fair, progressive and effective tax systems are vital for the achievement of other UN goals and commitments; stresses that the proposal for a UN Convention on Tax aims to build on these agreements, to increase economic justice at the global level, and respond to the urgent need for new and additional public resources to combat the major global challenges of our time;
Amendment 64 #
2022/2080(INI)
Draft opinion
Paragraph 6 e (new)
Paragraph 6 e (new)
6e. Recalls that most developing countries struggle to fully realise the expected revenues from the mining sector due to a range of challenges, both external, such as aggressive tax planning by multinationals, and internal, including weak enforcement of tax laws and overly generous tax incentives to transnational companies; stresses the need to achieve a fair balance between national and investor interests in the design of mining fiscal regime; deems that the fiscal conditions and regulations under which extractive industries operate shall be revised;
Amendment 65 #
2022/2080(INI)
Draft opinion
Paragraph 6 f (new)
Paragraph 6 f (new)
6f. Urges the EU to ensuring a fair distribution of taxing rights while negotiating tax and investment treaties with developing countries; and calls on the EU to increase its technical assistance and funding to strengthen their tax administration;
Amendment 66 #
2022/2080(INI)
Draft opinion
Paragraph 6 g (new)
Paragraph 6 g (new)
6g. Acknowledges that the extractive sector is particularly prone to illicit outflows in Africa; believes that the review of tax treaties should aim to strengthening the bargaining position of host governments to obtain better returns from their natural resources base and stimulate diversification of their economy; in addition, takes the view that the Extractive Industries Transparency Initiative (EITI) should be made mandatory and extended: they should not focus only on governments but also on producing firms and commodity trading companies;
Amendment 67 #
2022/2080(INI)
Draft opinion
Paragraph 6 h (new)
Paragraph 6 h (new)
6h. Stresses that multinational companies should report tax information in each country where they operate; encourages developing countries to enact mandatory country-by-country and project-by-project reporting requirements, notably in the mining sector;
Amendment 68 #
2022/2080(INI)
Draft opinion
Paragraph 6 i (new)
Paragraph 6 i (new)
6i. Calls on governments of developing countries to intensify the fight against corruption and money laundering, as a means to contribute to tackling illicit financial flows;
Amendment 69 #
2022/2080(INI)
Draft opinion
Paragraph 6 j (new)
Paragraph 6 j (new)
6j. Encourages developing countries to develop regional integration arrangements on tax incentives to prevent harmful competition in the effort to attract foreign direct investment;
Amendment 4 #
2022/2047(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Reaffirms that culture is a key element of sustainable development and an integral component of its social, economic and environmental dimensions, and long- term societal changes; recalls that culture is instrumental in the implementation of the 2030 UN Agenda and calls for strengthening the contribution of cultural actors to sustainable development through participation in enhanced dialogue, professional networks, exchanges, the recognition of the professionalism of authors, artists, cultural and creative operators, and multi- stakeholder partnerships; underlines that youth exchanges, city twinning, and partnerships in the professional field have been important vehicles to foster intercultural understanding and should be promoted by the EU in its development and foreign policies;
Amendment 18 #
2022/2047(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Welcomes the inclusion of culture as an area of intervention in the Global Challenges thematic programme under the Neighbourhood, Development and International Cooperation Instrument (NDICI) – Global Europe Regulation to foster sustainable social and economic development, and international cultural cooperation and promote initiatives for cultural diversity; welcomes the contribution of the NDICI-Global Europe instrument to the Erasmus+ programme, notably actions aimed at countries from the Global South not associated to the Erasmus+ programme; calls on the Commission and the EEAS to report regularly to the European Parliament on the state of implementation and achieved results of the NDICI-Global Europe instrument in the field of culture and education, including through the bi- annual scrutiny process (High Level Political Dialogue) and annual reporting;
Amendment 23 #
2022/2047(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Urges the Commission to provide for appropriate and decent funding for international cultural relations in existing programmes on culture and education, so that these can develop their international action in a proper way;
Amendment 25 #
2022/2047(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the integration of a specific chapter on culture under Title III (Human and Social Development) of the proposed partnership agreement between the EU and the Organisation of African, Caribbean and Pacific States (OACPS); underlines that cooperation in this field should also address the return, restitution and conservation of cultural works and artefacts; calls for the strengthening of cultural programmes to stimulate job opportunities, tourism, inclusive and sustainable growth, and social cohesion, to promote youth empowerment and gender equality, tackle harmful social and gender norms and stereotypes, fight against any forms of discrimination and to support the cultural sector which has been deeply impacted by the COVID-19 pandemic;
Amendment 29 #
2022/2047(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Underlines that to be sustainable in the long-term the EU's external cultural funding activities must imply a strong involvement of local partners - including civil society organisations - adaptation of programmes to local realities and a due consideration of the post-funding period for implementation and evaluation of projects;
Amendment 33 #
2022/2047(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Calls for the upcoming Youth Action Plan in international Action to include specific measures and programmes that contribute to expose the youth of both the EU and the Global South to other cultures and languages;
Amendment 36 #
2022/2047(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Emphasises that the protection, conservation and restoration of cultural and natural heritage is an essential factor in ensuring its transmission to future generations; recalls that restoring cultural works and artefacts promotes the respect and mutual understanding of the value of different cultures, but also promotes peace, reconciliation and dialogue; encourages the EU and its Member States to facilitate dialogue and share best practices on the protection, conservation and restoration of cultural and natural heritage in the framework of the NDICI – Global Europe Regulation.
Amendment 39 #
2022/2047(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists on the importance for the EU to enhance the protection and promotion of cultural and natural heritage paying particular attention to environmental and wildlife protection while at the same level respecting the integrity and interests of indigenous people and local communities living alongside nature and wildlife on their ancestral land; calls for the NDICI- Global Europe instrument to provide adequate financing to strengthen the protection of cultural and natural heritage, with respect to the rights, including land rights of Indigenous People and Local Communities (IPLCs);
Amendment 46 #
2022/2047(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Welcomes the acknowledgement by certain Member States of the need to return cultural works and artefacts to their places of origin; calls for all Member States to continue or initiate processes for the restitution of cultural works and artefacts in a more consistent and timely manner; calls for the NDICI- Global Europe Regulation to effectively support the implementation of agreements for the return of cultural property to their countries of origin and to present the results of actions in this field to the European Parliament as part of the scrutiny process of the instrument; encourages the development of EU guidelines on restitution to encourage the development of necessary research, studies and exchanges for the establishment of coherent programmes for restitution of cultural works and artefacts to their countries of origin;
Amendment 50 #
2022/2047(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Calls for the promotion of artistic freedom of expression as a value and an endeavour of the European Union, nurturing free dialogue as well as exchange of good practices at international level;
Amendment 53 #
2022/2047(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4d. Calls for the creation of a Cultural Visa Programme, along the lines of the existing Scientific Visa Programme, for third-country nationals, artists and other professionals in the cultural field with the aim of fostering cultural relations and eliminating obstacles to mobility in the cultural sector;
Amendment 77 #
2022/0269(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The use of forced labour is widespread in the world. It is estimated that about 27.6 million people were in forced labour in 2021.18Vulnerable and marginalised groups in a society are particularly susceptible to be pressured into performingMost forced labour occurs in the private economy and has a strong gender dimension.Forced labour touches, in particular, services, manufacturing, construction, agriculture, and domestic work, and to a smaller extent, mining and fishers aboard fishing vessels.Vulnerable and marginalised groups in a society, including the poor and socially excluded, workers in the informal economy, irregular or otherwise unprotected migrant workers, and people subject to discrimination, are the most affected byforced labour. Even when it is not state imposed, forced labour is often a consequence of a lack of good governance of certain economic operators. _________________ 18 The 2021 Global Estimates of Modern Slavery, https://www.ilo.org/wcmsp5/groups/public /---ed_norm/--- ipec/documents/publication/wcms_854733. pdf.
Amendment 82 #
2022/0269(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The eradication of forced labour is a priority for the Union. This Regulation aims to ban from the EU market products that have been produced, extracted or harvested using forced labour and, as ultimate objective, to eradicate forced labour by addressing its root causes. Respect for human dignity and the universality and indivisibility of human rights are firmly enshrined in Article 21 of the Treaty on European Union. Article 5(2) of the Charter of Fundamental Rights of the European Union and Article 4 of the European Convention on Human Rights provide that no one is to be required to perform forced or compulsory labour. The European Court of Human Rights has repeatedly interpreted Article 4 of the European Convention on Human Rights as requiring Member States to penalise and effectively prosecute any act maintaining a person in the situations described set out in Article 4 of the European Convention on Human Rights.19 _________________ 19 For instance paras. 89 and 102 in Siliadin v. France or para. 105 in Chowdury and Others v. Greece.
Amendment 86 #
2022/0269(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Through its policies and legislative initiatives the Union seeks to eradicate the use of forced labour and to address its root causes. To these effects, corporate sustainability due diligence, along with the ediction of accompanying measures, represents important tools. The Union promotes due diligence in accordance with international guidelines and principles established by international organisations, including the ILO, the Organisation for Economic Co-operation and Development (hereinafter “OECD”) and the United Nations (hereinafter “UN”), to ensure that forced labour does not find a place in the value chains of undertakings established in the Union.
Amendment 97 #
2022/0269(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8 a) Throughout, effective due diligence requires the meaningful engagement of stakeholders, including workers, their representative organisations, and community members, as they are best positioned to identify local risks and help formulate the most appropriate mitigation strategies. Attention should focus on identifying, prioritizing, and acting on “hotspots” where the risk of forced labour and other human rights abuses is highest in terms of both severity and scale. Particularly important in this context are the informal micro- and small enterprises operating at the lower links of supply chains in high- risk sectors and locations, often in raw materials extraction and production, where forced labour and other human rights abuses are often most pronounced.
Amendment 100 #
2022/0269(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) Businesses can also contribute to addressing some of the more structural root causes of forced labour in high-risk locations linked to their business operations and supply chains. Examples of ongoing business efforts targeting root causes include measures to advance the fair recruitment of migrant workers, measures to help tackle poverty of workers in their supply chains through the adoption of living income programmes and measures to ban unfair trading practices in design or lead times.
Amendment 105 #
2022/0269(COD)
Proposal for a regulation
Recital 14 a (new)
Recital 14 a (new)
(14 a) In addition, import control mechanisms are essential to capture contexts where human rights due diligence to credibly identify, prevent, mitigate, and remediate forced labour at the affected supplier are impossible. This is particularly relevant in cases of state- imposed forced labour affecting all supply chains in an entire country or region, which thereby require the establishment of region-wide bans.
Amendment 110 #
2022/0269(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18 a) Remedy is a crucial part of the human rights due diligence process under the UNGPs and is critical to ensuring that a Forced Labour Instrument has a positive impact for workers and holds corporations to account. Remedy will encourage workers to come forward and report abuse. Accordingly, the Regulation must ensure the provision of effective remedy to affected rightholders.
Amendment 111 #
2022/0269(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18 b) In particular, remediation processes and remedial action should be based on, and be aligned with, international standards of best practice, including through consultation with trade unions. Remedy may, for example, include apologies, restitution, rehabilitation and financial or non- financial compensation.
Amendment 112 #
2022/0269(COD)
Proposal for a regulation
Recital 18 c (new)
Recital 18 c (new)
(18 c) In particular, the responsibility of importers to provide adequate remedy should also include an examination of their contribution through their bad purchasing practices, including predatory pricing, which may be pushing producing companies to resort to forced labour.
Amendment 117 #
2022/0269(COD)
(20) In order to increase the effectiveness of the prohibition, competent authorities should grant reasonable time to economic operators to identify, prevent, mitigate, preventmediate and bring to an end the risk of forced labour.
Amendment 122 #
2022/0269(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Before initiating an investigation, competent authorities should request from the economic operators under assessment information on actions taken to mitigate, prevent or bring to an end risks of forced labour in their operations and value chains with respect to the products under assessment. Carrying out such due diligence in relation to forced labour should help the economic operator to be at a lower risk of having forced labour in its operations and value chains. Appropriate due diligence means that forced labour issues in the value chain have been identified and addressed in accordance with relevant Union legislation and international standards. That implies that where the competent authority considers that there is no substantiated concern of a violation of the prohibition, for instance due to, but not limited to the applicable legislation, guidelines, recommendations or any other due diligence in relation to forced labour being applied in a way that mitigates, prevents and brings to an end the risk of forced labour, no investigation should be initiated. However, implementing due diligence procedures should never act as (i) a safe haven against investigations, (ii) as proof no forced labour was used and (iii) as sole condition for the lifting of restrictions.
Amendment 163 #
2022/0269(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules prohibiting economic operators from placing and making available on the Union market or exporting from the Union market products made with forced labour, including state-imposed forced labour.
Amendment 168 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘due diligence in relation to forced labour’ means the efforts by economic operator to implement mandatory requiremendue diligence requirements, in line with the UN Guiding Principles on Business and Human rights, voluntary guidelines, recommendations or practices to identify, prevent, mitigate, remediate or bring to an end the use of forced labour in their operation and value chain with respect to products that are to be made available on the Union market or to be exported;
Amendment 171 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(c a) ‘bring to an end the use of forced labour’ means effective measures to address the root causes of forced labour that supplies the economic operator that places or makes the product available in the EU market. It shall not mean disengagement as first resort;
Amendment 174 #
2022/0269(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c b (new)
Article 2 – paragraph 1 – point c b (new)
(c b) 'root causes of forced labour' means the multi-faceted fundamental reasons for the occurrence of forced labour; this shall particularly look into exploitation, poverty, migration, prices below cost of production, lack of living incomes and living wages and unfair purchasing practices;
Amendment 194 #
2022/0269(COD)
Proposal for a regulation
Article 3 a (new)
Article 3 a (new)
Article 3 a Prohibition of products made with state- imposed forced labour Economic operators shall not place or make available on the Union market products that are made with state-imposed forced labour, nor shall they export such products. In case of systematic state-imposed forced labour, and where appropriate, the establishment of region-wide bans over specific groups of products, and, where relevant, shall be enacted, in alignment with the EU global human rights sanctions regime.
Amendment 227 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Where economic operators provide evidence to the competent authorities that they have complied with the decision referred to in paragraph 4, and that they have eliminated forced labour from their operations or supply chain with respect to the products concerned, provided the proof of effective remediation for workers victims of forced labour, the competent authorities shall withdraw their decision for the future and inform the economic operators.
Amendment 228 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6 a. To eliminate forced labour, the Commission’s Guidance on Due Diligence for EU businesses shall enable disengagement from a business relationship as a last resort solution only, in consistency with the United Nations Guiding Principles on Business and Human Rights (UNGPs).
Amendment 229 #
2022/0269(COD)
Proposal for a regulation
Article 6 – paragraph 6 b (new)
Article 6 – paragraph 6 b (new)
6 b. If an economic operator determines that disengagement is the most appropriate action, it must strictly comply with national laws, international labour standards and the terms of collective bargaining agreements.
Amendment 258 #
2022/0269(COD)
Proposal for a regulation
Article 12 – paragraph 6
Article 12 – paragraph 6
6. Member States shall confer on their competent authorities the power to impose penalties in accordance with Article 30, including with respect to the provision of remediation.
Amendment 291 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. In order to facilitate effective implementation and enforcement of this Regulation, the Commission may as appropriateshall cooperate, engage and exchange information with, amongst others, authorities of third countries, international organisations, civil society representatives and business organisations. International cooperation with authorities of third countries shall take place in a structured way as part of the existing dialogue structures with third countries or, if necessary, specific ones that will be created on an ad hoc basis.
Amendment 297 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of paragraph 1, cooperation with, amongst others, international organisations, civil society representatives, business organisations and competent authorities of third countries mayshall result in the Union developing accompanying measures to support the efforts of companies and partner countries efforts and locally available capacities in tackling forced labourworkers, trade unions, civil society, human rights defenders, smallholders and local communities, wherever forced labour occurs, as well as the efforts of companies, in particular small and medium enterprises, and partner countries efforts and locally available capacities in tackling forced labour. This could include, among others, capacity strengthening and funding to support communities and workers to address the root causes of abuses such as discrimination, power imbalances, unfair purchasing practices and production delays, lack of livelihood opportunities, the absence of a living wage, land rights and the transition from informal economy to the formal economy.
Amendment 301 #
2022/0269(COD)
Proposal for a regulation
Article 26 – paragraph 2 a (new)
Article 26 – paragraph 2 a (new)
2 a. The following accompanying measures are notably foreseen: (a) supportive development policies to governments in producer countries to guarantee, protect and fultfil their international human rights obligations to implement decent labour conditions, inter alia by: (i) removing barriers to freedom of expression and association, and increased recognition of land rights; (ii) building national social protection floor, in order to reduce vulnerability to forced or compulsory labour; (iii) providing social and economic assistance, including access to educational and training opportunities and access to decent work, notably for at- risk population groups to increase their employability and income-earning opportunities and capacity; (iv) developing coherent policies, such as employment and labour migration policies, which take into account the risks faced by specific groups of migrants, including those in an irregular situation, and address circumstances that could result in forced labour situations. (b) supporting partner countries to develop encompassing National Action Plans on Forced Labour, with the aim to: (i) address the root causes of workers’ vulnerability to forced or compulsory labour; (ii) adopt and strengthen legislation on forced labour, covering the employment relationship of all sectors of the economy; (iii) provide effective protective measures to meet the needs of all victims, irrespective of their status (age, gender, ethnicity, migration status or any other ground for discrimination), for both immediate assistance and long-term recovery and rehabilitation; (iv) strengthen the enforcement of laws and prosecution; (v) raise awareness and engagement, especially for those who are most at risk of becoming victims of forced or compulsory labour, including migrants, to inform them, inter alia, about how to protect themselves against fraudulent or abusive recruitment and employment practices, their rights and responsibilities at work, how to gain access to assistance in case of need and about the sanctions for violating the prohibition on forced or compulsory labour.
Amendment 48 #
2022/0155(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. While the proportion of child sexual abuse material that affects boys is growing, Child sexual abuse has a disproportionate impact on girls as the vast majority of child sexual abuse material is depicting girls, and girls are overrepresented in cases of solicitation of children, while men are overrepresented as perpetrators. According to reports, 96% of child sexual abuse material is estimated in 2021 to have affected girls. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), in line with the United Nations Convention on the Rights of the Child (UNCRC), which has been ratified by all Member States, and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 49 #
2022/0155(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Information society services have become very important for communication, expression, gathering of information and many other aspects of present-day life, including for children but also for perpetrators of child sexual abuse offences. Such offences, which are subject to minimum rules set at Union level, are very serious criminal offences that need to be prevented and combated effectively in order to protect children’s rights and well- being, as is required under the Charter of Fundamental Rights of the European Union (‘Charter’), and to protect society at large. Users of such services offered in the Union should be able to trust that the services concerned can be used safely, especially by children.
Amendment 53 #
2022/0155(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) A growing number of teenagers are sharing intimate images, despite this being prohibited in a majority of member states. The implementation of measures to detect new abuse material would inevitably flag all such images as abuse material, resulting in a large number of false positives, but also in the investigation of those teenagers. This would significantly infringe on children’s right to privacy, as guaranteed by the Charter of Fundamental Rights of the European Union (‘Charter’), and in line with the United Nations Convention on the Rights of the Child (UNCRC), which has been ratified by all Member States. It would also result in stigma that disproportionately affects girls37b. Therefore services should warn children about the risks of sharing images, and give them guidance on what to do if they do so and something goes wrong. _________________ 37b The outcomes of sexting for children and adolescents: A systematic review of the literature https://doi.org/10.1016/j.adolescence.2021 .08.009
Amendment 57 #
2022/0155(COD)
Proposal for a regulation
Recital 1 c (new)
Recital 1 c (new)
(1c) The use of software to detect solicitation of children is insufficiently accurate, which means it could result in false positives, or could inadvertently flag child-to-child communications. This poses significant risks, in particular to LGBTQI+ children in hostile households.
Amendment 58 #
2022/0155(COD)
Proposal for a regulation
Recital 1 d (new)
Recital 1 d (new)
(1d) The combined risks of attempting to detect unknown abuse material and solicitation pose a significant risk to children, and these technologies are also vulnerable to being bypassed by abusers, rendering them ineffective, therefore this legislation should focus on detecting known content, as well as flagging potential solicitation to the child user in an age-appropriate manner, and reducing creation and sharing of self-generated material.
Amendment 59 #
2022/0155(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Given the central importance of relevant information society services, those aims can only be achieved by ensuring that providers offering such services in the Union behave responsibly and take reasonable measures to minimise the risk of their services being misused for the purpose of child sexual abuse, those providers often being the only ones in a position to prevent and to help combat such abuse. The measures taken should be targeted, carefully balanced and proportionate, effective, evidence- based proportionate , and subject to constant review, so as to avoid any undue negative consequences for the fight against crime and for those who use the services for lawful purposes, in particular for the exercise of their fundamental rights protected under Union law, that is, those enshrined in the Charter and recognised as general principles of Union law, and so as to avoid directly or indirectly imposing any excessive burdens on the providers of the services.
Amendment 61 #
2022/0155(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Member States are increasingly introducing, or are considering introducing, national laws to prevent and combat online child sexual abuse, in particular by imposing requirements on providers of relevant information society services. In the light of the inherently cross-border nature of the internet and the service provision concerned, those national laws, which diverge, may have a direct negative effect on the internal market. To increase legal certainty, eliminate the resulting obstacles to the provision of the services and ensure a level playing field in the internal market, the necessary harmonised requirements should be laid down at Union level.
Amendment 64 #
2022/0155(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Therefore, this Regulation should contribute to the proper functioning of the internal market by setting out clear, uniform and balanced rules to prevent and combat child sexual abuse in a manner that is demonstrably and durably effective and that respects theall fundamental rights of all parties concerned. In view of the fast- changing nature of the services concerned and the technologies used to provide them, those rules should be laid down in technology-neutral and future- proof manner, so as not to hamper innovationthe fight against crime.
Amendment 68 #
2022/0155(COD)
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4a) The existence of Child Sexual Abuse Material implies that child sexual abuse has already taken place. Detecting abuse material is important, but prevention is also vital. Therefore, member states should significantly strengthen educational measures to help children, teachers, and social services, to identify and report abuse, in particular by teaching children about consent from the earliest age possible, albeit in an age- appropriate manner.
Amendment 70 #
2022/0155(COD)
Proposal for a regulation
Recital 4 b (new)
Recital 4 b (new)
(4b) Many of the online risks associated with child abuse continue to pose a threat to adults, and many adults have already fallen victim, therefore this regulation should also focus on prevention of online risks, mandating the integration into applications of features that help children learn about, identify and avoid risks, making use of a "learning through doing" approach.
Amendment 72 #
2022/0155(COD)
Proposal for a regulation
Recital 4 c (new)
Recital 4 c (new)
(4c) The internet is an empowering and beneficial resource for children, allowing them to socialise, learn and play, however it can also pose significant risks. Many online services have set limits on the features accessible to children in order to mitigate these risks, however often depriving children of these features encourages them to lie about their age, or to try to evade age-verification systems. Therefore, rather than prohibiting access, services should focus on adapting their features and implementing safeguards for children.
Amendment 74 #
2022/0155(COD)
Proposal for a regulation
Recital 4 d (new)
Recital 4 d (new)
(4d) Developers should focus on responsibility by design, with the goal of preventing abuse, developing risk- mitigation and safety features for applications. To achieve this, it is important that developers understand how children use their services, and the threats they face. Therefore, children should be involved in the development process of risk-mitigation and safety features that are built for them.
Amendment 75 #
2022/0155(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to achieve the objectives of this Regulation, it should cover providers of services that have the potential to bare misused for the purpose of online child sexual abuse. As they are increasingly misused to a significant extent for that purpose, those services shcould include publicly available number- independent interpersonal communications services, such as messaging services and web-based e-mail services, in so far as those services asre publicly available. As serviconline games which enable direct interpersonal and interactive exchange of information merely as a minor ancillary feature that is intrinsically linked to another service, such as chat and similar functions as part of gaming, image-sharing and video-hosting are equallyare also at risk of misuse, they should also be covered by this Regulation. However, given the inherent differences between the various relevant information society services covered by this Regulation and the related varying risks that those services are misused for the purpose of online child sexual abuse and varying ability of the providers concerned to prevent and combat such abuse, the obligations imposed on the providers of those services should be differentiated in an appropriate manner.
Amendment 76 #
2022/0155(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Online child sexual abuse frequentlycan also involves the misuse of information society services offered in the Union by providers established in third countries. In order to ensure the effectiveness of the rules laid down in this Regulation and a level playing field within the internal market, those rules should apply to all providers, irrespective of their place of establishment or residence, that offer services in the Union, as evidenced by a substantial connection to the Union.
Amendment 77 #
2022/0155(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Article 15(1) of Directive 2002/58/EC allows Member States to adopt legislative measures to restrict the scope of the rights and obligations provided for in certain specific provisions of that Directive relating to the confidentiality of communications when such restriction constitutes a necessary, appropriate and proportionate measure within a democratic society, inter alia, to prevent, investigate, detect and prosecute criminal offences, provided certain conditions are met, including compliance with the Charter , which, inter alia, requires the specific measures to be provided for by law and genuinely achieve objectives of general interest. Applying the requirements of that provision by analogy, this Regulation should limit the exercise of the rights and obligations provided for in Articles 5(1), (3) and 6(1) of Directive 2002/58/EC, insofar as strictly necessary in line with Article 52 of the Charter to execute detecinvestigation orders issued in accordance with this Regulation with a view to prevent and combat online child sexual abuse.
Amendment 78 #
2022/0155(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) Case law of the European Court of Justice43ahas repeatedly found indiscriminate monitoring of Communications is incompatible with the Charter of Fundamental Rights of the European Union, therefore detection orders should be targeted to individuals or groups suspected of child sexual abuse, and not at the wider population. _________________ 43a Cases C-511/18, C-512/18, C-520/18, and C-623/17 Court of Justice of the European Union
Amendment 79 #
2022/0155(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The term ‘online child sexual abuse’ should cover not only the dissemination of material previously detected and confirmed as constituting child sexual abuse material (‘known’ material), but also of material not previously detected that is likely to constitute child sexual abuse material but that has not yet beenbut since confirmed as such (‘new’ material), as well as activities constituting the solicitation of children (‘grooming’). That is needed in order to address not only past abuse, the re- victimisation and violation of the victims’ rights it entails, such as those to privacy and protection of personal data, but to also address recent, ongoing and imminent abuse, so as to prevent it as much as possible, to effectively protect children and to increase the likelihood of rescuing victims and stopping perpetrators.
Amendment 80 #
2022/0155(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) With a view to minimising the risk that their services are misused for the dissemination of known or onlinew child sexual abuse material or the solicitation of children, providers of hosting services and providers of publicly available number- independent interpersonal communications services should assess such risk for eachthat are exposed to substantial amount of child sexual abuse material should assess the existence of a significant risk stemming from the design and functioning of of the services that they offer in the Union. To guide their risk assessment, a non- exhaustive list of elements to be taken into account should be provided. To allow for a full consideration of the specific characteristics of the services they offer, providers should be allowed to take account of additional elements where relevant. As risks evolve over time, in function of developments such as those related to technology and the manners in which the services in question are offered and used, it is appropriate to ensure that the risk assessment is, as well as the effectiveness and proportionality of specific measures are updated regularly and when needed for particular reasons.
Amendment 81 #
2022/0155(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Some of those providers of relevant information society services in scope of this Regulation may also be subject to an obligation to conduct a risk assessment under Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] with respect to information that they store and disseminate to the public , which should form the basis for the risk assessment under this instrument. For the purposes of the present Regulation, those providers may draw on such a risk assessment and complement it with a more specific assessment of the risks of use of their services for the purpose of online child sexual abuse, as required by this Regulation.
Amendment 82 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available number-independent interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation. Providers should also assess the reasonably foreseeable negative impacts of proposed mitigation measures, and if they disproportionately affect a group of people on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender or sexual orientation. Particular care should be taken to assess the impact on girls, who are at a greater risk of being subject to child sexual abuse and gender-based violence.
Amendment 83 #
2022/0155(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In order to prevent and combat online child sexual abuse effectively, providers of hosting services and providers of publicly available interpersonal communications services should take reasonable measures to mitigate the risk of their services being misused for such abuse, as identified through the risk assessment. Providers subject to an obligation to adopt mitigation measures pursuant to Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] may consider to which extent mitigation measures adopted to comply with that obligation, which may include targeted measures to protect the rights of the child, including age verification and parental control tools, may also serve to address the risk identified in the specific risk assessment pursuant to this Regulation, and to which extent further targeted mitigation measures may be required to comply with this Regulation. Providers should also assess the reasonably foreseeable negative impacts of proposed mitigation measures, and if they disproportionately affect a group of people on the basis of sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, gender or sexual orientation. Particular care should be taken to assess the impact on girls, who are at a greater risk of being subject to child sexual abuse.
Amendment 84 #
2022/0155(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Parental controls that allow parents to access children’s private correspondence without their consent pose a significant risk to children’s privacy, but could also put at risk their safety, in particular in the cases of children who are being abused and who are trying to seek help, and LGBTQI+ children in hostile households. Therefore no provision in this legislation should enable or facilitate intrusions on children’s privacy.
Amendment 85 #
2022/0155(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) To allow for innovation and ensure proportionality and technological neutrality, no exhaustive list of the compulsory mitigation measures should be established. Instead, providers should be left a degree of flexibility to design and implement measures tailored to the risk identifiedexposure and the characteristics of the services they provide and the manners in which those services are used. In particular, providers are free to design and implement, in accordance with Union law, measures based on their existing practices to detect online child sexual abuse . Specific measures could include providing their services and indicate as part of the risk reporting their willingness and preparedness to eventually being issued a detection order under this Regulation, if deemed necessary by the competent national authorityechnical measures and tools that allow users to manage their own privacy visibility, reachability and safety, such as mechanisms for users to block or mute other users, mechanisms that ask for confirmation before displaying certain content, tools that prompt or warn users. .
Amendment 87 #
2022/0155(COD)
Proposal for a regulation
Recital 17 a (new)
Recital 17 a (new)
(17a) Relying on providers for risk mitigation measures comes with inherent problems, as business models, technologies and crimes evolve continuously. As a result, clear targets, oversight, review and adaptation, led by national supervisory authorities are needed, to avoid measures becoming redundant, disproportionate, ineffective, counterproductive and outdated.
Amendment 88 #
2022/0155(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In order to ensure that the objectives of this Regulation are achieved, that flexibility should be subject to the need to comply with Union law and, in particular, the requirements of this Regulation on mitigation measures. Therefore, providers of hosting services and providers of publicly available number-independent interpersonal communications services should, when designing and implementing the mitigationspecific measures, give importance not only to ensuring their effectiveness, but also to avoiding any undue negative consequences for other affected parties, notably for the exercise of users’ fundamental rights. In order to ensure proportionality, when determining which mitigationspecific measures that should reasonably be taken in a given situation, account should also be taken of the ongoing effectiveness of the measures and the financial and technological capabilities and the size of the provider concerned. When selecting appropriate mitigationspecific measures, providers should at least duly consider the possible measures listed in this Regulation, as well as, where appropriate, other measures such as those based on industry best practices, including as established through self-regulatory cooperation, and those contained in guidelines from the Commission. When no risk has been detected after a diligently conducted or updated risk assessment, providers should not be required to take any mitigation measuresquantifying the expected impact of the available measures. Objective data on ongoing effectiveness must be provided, in order for any measure to be recognised as best practice.
Amendment 90 #
2022/0155(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) In the light of their role as intermediaries facilitating access to software applications that may be misused for online child sexual abuse, providers of software application stores should be made subject to obligations to take certain reasonable measures to assess and mitigate that risk. The providers should make that assessment in a diligent manner, making efforts that are reasonable under the given circumstances, having regard inter alia to the nature and extent of that risk as well as their financial and technological capabilities and size, and cooperating with the. The providers should only make available on their platform software applications if prior to the use of their service they have obtained the contact details of the provider of software application developing team with the cooperation of the specific providers of the services offered through the software application where possible.
Amendment 92 #
2022/0155(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) With a view to ensuring effective prevention and fight against online child sexual abuse, when mitigating measures are deemed insufficient to limit the risk of misuse of a certain service for the purpose of online child sexual abusdata on the impact of specific measures demonstrate that their impact is below pre-determined targets e, the Coordinating Authorities designated by Member States under this Regulation should be empowered to request the issuance of detection ordersmplementation of additional targeted and proportionate risk mitigation measures . In order to avoid any undue interference with fundamental rights and to ensure proportionality, that power should be subject to a carefully balanced set of targets, limits and safeguards. For instance, considering that child sexual abuse material tends to be disseminated through hosting services and publicly available number-independent interpersonal communications services, and that solicitation of children mostly takes place in publicly available number-independent interpersonal communications services, it should only be possible to address detecinvestigation orders to providers of such services in relation to specific suspects or specific group of suspects or a specific incident .
Amendment 94 #
2022/0155(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Furthermore, as parts of those limits and safeguards, detecinvestigation orders should only be issued after a diligent and objective assessment leading to the finding of a significant risk of the specific service concerned being misused for a given type of online child sexual abuse covered by this Regulation. One of the elements to be taken into account in this regard is the likelihood that the service is used to an appreciable extent, that is, beyond isolated and relatively rare instances, for such abuse. The criteria should vary so as to account of the different characteristics of the various types of online child sexual abuse at stake and of the different characteristics of the services used to engage in such abuse, as well as the related different degree of intrusiveness of the measures to be taken to execute the detection orderthat the order is necessary and proportionate.
Amendment 95 #
2022/0155(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) However, the finding of such a significant risk should in itself be insufficient to justify the issuance of a detection order, given that in such a case the order might lead to disproportionate negative consequences for the rights and legitimate interests of other affected parties, in particular for the exercise of users’ fundamental rights. Therefore, it should be ensured that detecIt should be ensured that investigation orders can be issued only after the Coordinating Authorities and the competent judicial authority or independent administrative authority having objectively and diligently assessed, identified and weighted, on a case-by-case basis, not only the likelihood and seriousness of the potential consequences of the service being misused for the type of online child sexual abuse at issue, but also the specific results anticipated by the measure, the likelihood and seriousness of any potential negative consequences for other parties affected, in particular for girls, ethnic and sexual minorities. With a view to avoiding the imposition of excessive burdens, the assessment should also take account of the financial and technological capabilities and size of the provider concerned.
Amendment 98 #
2022/0155(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The competent judicial authority or the competent independent administrative authority, as applicable in accordance with the detailed procedural rules set by the relevant Member State, shouldshould have the data necessary to be in a position to take a well-informed decision on requests for the issuance of detecinvestigations orders. That is of particular importance to ensure the necessary fair balance of the fundamental rights at stake and a consistent approach, especially in connection to detecinvestigation orders concerning the solicitation of children. Therefore, a procedure should be provided for that allows the providers concerned, the EU Centre on Child Sexual Abuse established by this Regulation (‘EU Centre’) and, where so provided in this Regulation, the competent data protection authority designated under Regulation (EU) 2016/679 to provide their views on the measures in question. They should do so as soon as possiblewithout undue delay, having regard to the important public policy objective at stake and the need to act without undue delay to protect children. In particularFurthermore, data protections authorities should do their utmost to avoid extending the time period set out in Regulation (EU) 2016/679 for providing their opinions in response to a prior consultation. Furthermore, they should normally be able to provide their opinion well within that time periodin a timely manner in situations where the European Data Protection Board has already issued guidelines regarding the technologies that a provider envisages deploying and operating to execute a detecn investigation order addressed to it under this Regulation.
Amendment 99 #
2022/0155(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 100 #
2022/0155(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The measures taken by providers of hosting services and providers of publicly available number-independent interpersonal communications services to execute detecinvestigation orders addressed to them should remain strictly limited to what is specified in this Regulation and in the detection orders issued in accordance with this Regulation. In order to ensure the effectiveness of those measures, allow for tailored solutions, remain technologically neutral, and avoid circumvention of the detection obligations, those measures should be taken regardless of the technologies used by the providers concerned in connection to the provision of their services. Therefore, t. This Regulation leaves to the provider concerned the choice of the technologies to be operated to comply effectively with detection orders and should not be understood as incentivising or disincentivising the use of any given technology, provided that the technologies and accompanying measures meet the requirements of this Regulationare not undermined. That includes the use of end-to-end encryption technology, which is an important tool to guarantee the security and confidentiality of the communications of users, including those of children. When executing the detection order, providers should take all available safeguard measures to ensure that the technologies employed by them cannot be used by them orAny weakening of encryption could potentially be abused by malicious their employees for purposes other than compliance withd parties. Nothing in this Regulation, n should therefore by third parties, and thus to avoid undermining the security and confidentiality of the communications of userse interpreted as prohibiting or weakening end-to-end encryption.
Amendment 102 #
2022/0155(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) In order to facilitate the providers’ compliance with the detection obligationinvestigation orders, the EU Centre should make available to providers detectionapproved technologies that they may choose to use, on a free-of-charge basis, for the sole purpose of executing the detecinvestigation orders addressed to them. The European Data Protection Board should be consulted on the acceptability or otherwise of those technologies and the ways in which they should be best deployed to ensure, if at all, in compliance with applicable rules of Union law on the protection of personal data. The advice and with the Charter of Fundamental Rights . The authoritative position of the European Data Protection Board should be fully taken into account by the EU Centre when compiling the lists of available technologies and also by the Commission when preparing guidelines regarding the application of the detection obligations. The providers may operate the technologies made available by the EU Centre or by others or technologies that they developed themselves, as long as they meet the requirements of this Regulation and other applicable EU law, such as Regulation 2016/679 .
Amendment 104 #
2022/0155(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) With a view to constantly assess the performance of the detection technologies and ensure that they are sufficiently reliableaccurate , as well as to identify false positives and avoid to the extentfalse negatives and to avoid erroneous reporting to the EU Centre, providers should ensure adequate human oversight and, where necessary, human intervention, adapted to the type of detection technologies and the type of online child sexual abuse at issue. Such oversight should include regular assessment of the rates of false negatives and positives generated by the technologies, based on an analysis of anonymised representative data samples. In particular where the detection of the solicitation of children in publicly available interpersonal communications is concerned, service providers should ensure regular, specific and detailed human oversight and human verification of conversations identified by the technologies as involving potential solicitation of children.
Amendment 105 #
2022/0155(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Providers of hosting services and providers of publicly available interpersonal communications services are uniquely positioned to detect potential online child sexual abuse involving their services. The information that theyThe information providers may obtain when offering their services is often indispensable to effectively investigate and prosecute child sexual abuse offences. Therefore, they should be required to report on potential online child sexual abuse on their services, whenever they become aware of it, that is, when there are reasonable grounds to believe that a particular activity may constitute online child sexual abuse. Where such reasonable grounds exist, doubts about the potential victim’s age should not prevent those providers from submitting reports. In the interest of effectiveness, it should be immaterial in which manner they obtain such awareness. Such awareness could, for example, be obtained through the execution of detection orders, information flagged by users or organisations acting in the public interest against child sexual abuse, or activities conducted on the providers’ own initiative. Those providers should report a minimum of information, as specified in this Regulation, for competent law enforcement authorities to be able to assess whether to initiate an investigation, where relevant, and should ensure that the reports are as complete as possible before submitting them.
Amendment 106 #
2022/0155(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) To ensure that online child sexual abuse material is removed as swiftly as possible after its detection, Coordinating Authorities of establishment should have the power to request competent judicial authorities or independent administrative authorities to issue a removal order addressed to providers of hosting services. As removal or disabling of access may affect the right of users who have provided the material concerned, providers should inform such users of the reasons for the removal, to enable them to exercise their right of redress, subject to exceptions needed to avoid interfering with activities for the prevention, detection,ongoing investigation and prosecution of specific child sexual abuse offences.
Amendment 108 #
2022/0155(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) The obligations of this Regulation do not apply to providers of hosting services that do not offer their services in the Union. However, such services may still be used to disseminate child sexual abuse material to or by users in the Union, causing harm to children and society at large, even if the providers’ activities are not targeted towards Member States and the total numbers of users of those services in the Union are limited. For legal and pAs every country in the world has ractical reasons, it may not be reasonably possible to have those providers remove or disable access to the material, not even through cooperation with the competent authorities of the third country where they are established. Therefore, in line with existing practices in several Member States, it should be possible to require providers of internet access services to take reasonable measures to block the access of users in the Union to the materialfied either the UN Convention on the Rights of the Child or its optional Protocol on Child Pornography, it should always be possible to have those providers remove or disable access to the material. Where problems arise in relation to specific jurisdictions, all possible diplomatic pressure should be brought to bear by the Commission and Member States to remedy the situation.
Amendment 109 #
2022/0155(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) In the interest of consistency, efficiency and effectiveness and to minimise the risk of circumvention, such blocking orders should be based on the list of uniform resource locators, leading to specific items of verified child sexual abuse, compiled and provided centrally by the EU Centre on the basis of diligently verified submissions by the relevant authorities of the Member States. In order to avoid the taking of unjustified or disproportionate measures, especially those that would unduly affect the fundamental rights at stake, notably, in addition to the rights of the children, the users’ freedom of expression and information and the providers’ freedom to conduct a business, appropriate limits and safeguards should be provided for. In particular, it should be ensured that the burdens imposed on the providers of internet access services concerned are not unreasonable, that the need for and proportionality of the blocking orders is diligently assessed also after their issuance and that both the providers and the users affected have effective means of judicial as well as non- judicial redress. Blocking by uniform resource locator is not technically possible, and most blocking is implemented at the level of the web domain, or Internet Protocol address, which often results in significant overblocking, therefore the EU Centre should evaluate the risk and impact of overblocking before making a final decision on blocking.
Amendment 110 #
2022/0155(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 112 #
2022/0155(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The dissemination of child sexual abuse material is a criminal offence that affects the rights of the victims depicted. Victims or their approved formal representative should therefore have the right to obtain, upon request, from the EU Centre yet via the Coordinating Authorities, relevant information if known child sexual abuse material depicting them is reported or has been removed by providers of hosting services or providers of publicly available interpersonal communications services in accordance with this Regulation. This should both include the option for a singular information request, as the option to receive this information on a continuous and regular basis.
Amendment 114 #
2022/0155(COD)
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
Amendment 115 #
2022/0155(COD)
Proposal for a regulation
Recital 36
Recital 36
(36) In order to prevent children falling victim to online abuse, providers for which there is evidence that their service is routinely or systematically used for the purpose of online child sexual abuse in line with article 3, should provide reasonable assistance, by putting in place alert and alarm mechanisms in a prominent way on their platforms. The alert mechanism could consist of, for example, linking potential victims to the local services such as helplines, victims` rights and support organisations or hotlines. They should ensure adequate follow-up, when a report or alert is made, in the language chosen by the user for using their service. Given the impact on the rights of victims depicted in such known child sexual abuse material and the typical ability of providers of hosting services to limit that impact by helping ensure that the material is no longer available on their services, those providers should assist victims who request the removal or disabling of access of the material in question. That assistance should remain limited to what can reasonably be asked from the provider concerned under the given circumstances, having regard to factors such as the content and scope of the request, the steps needed to locate the items of known child sexual abuse material concerned and the means available to the provider. The assistance could consist, for example, of helping to locate the items, carrying out checks and removing or disabling access to the items. Considering that carrying out the activities needed to obtain such removal or disabling of access can be painful or even traumatic as well as complex, victims should also have the right to be assisted by the EU Centre in this regard, via the Coordinating Authoritiesreceive adequate psycho-social, age appropriate and gender-sensitive support and to be assisted by the EU Centre and its relevant partners, such as child helplines or other psycho-social support mechanisms in this regard, via the Coordinating Authorities. Member States should establish and improve the functioning of child helplines and hotlines, including through funding and capacity building, in line with article 96 of Directive (EU) 2018/1972. Victim identification is key not only for tracking down online child sexual abuse but also to prevent victimisation, and to stop further spread of damaging material and to ensure that victims can benefit from available assistance. Such victim identification however, requires a high degree of specialisation and adequate resources. Therefore the European Cybercrime Centre`s efforts in victim identification should be complemented at national level.
Amendment 118 #
2022/0155(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) To ensure the efficient management of such victim support functions, victims should be allowed to contact and rely on the Coordinating Authority that is most accessible to them, which should channel all communications between victims and the EU Centre. Coordinating authorities should provide gender- and age- sensitive support to victims, as well as psychological support. Under no circumstances should victims be blamed for what has happened to them.
Amendment 120 #
2022/0155(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In order to provide clarity and enable effective, efficient and consistent coordination and cooperation both at national and at Union level, where a Member State designates more than one competent authority to apply and enforce this Regulation, it should designate one lead authority as the Coordinating Authority, whilst the designated authority should automatically be considered the Coordinating Authority where a Member State designates only one authority. For those reasons, the Coordinating Authority should act as the single contact point with regard to all matters related to the application of this Regulation, without prejudice to the enforcement powers of other national authoritieand related to achieving the objective of this regulation, including prevention matters without prejudice to the enforcement powers of other national authorities. Training of officials in close contact with victims , including law enforcement officers, judges, prosecutors, lawyers and forensic experts and social workers, is essential in order to understand the problem that child victims can face, and in order to ensure that the situation is prevented and mitigated if necessary. The Coordinating Authority should therefore also act as single point of contact with regard to all matters related to the achievement of the objective of this regulation, including prevention, with regard to awareness raising and training of officials.
Amendment 121 #
2022/0155(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 122 #
2022/0155(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) To ensure effective enforcement and the safeguarding of users’ rights under this Regulation, it is appropriate to facilitate the lodging of complaints about alleged non-compliance with obligations ofr a breach of fundamental rights by providers of relevant information society services under this Regulation. This should be done by allowing users to lodge such complaints with the Coordinating Authority in the territory of the Member State where the users reside or are establishedor through a Coordinating Authority of their choosing, irrespective of which Member State has jurisdiction in respect of the provider concerned. For the purpose of lodging of complaints, users can decide to rely on organisations acting in the public interest against child sexual abuse. However, in order not to endanger the aim of establishing a clear and effective system of oversight and to avoid the risk of inconsistent decisions, it should remain solely for the Coordinating Authority of establishment to subsequently exercise any of its investigatory or enforcement powers regarding the conduct complained of, as appropriate, without prejudice to the competence of other supervisory authorities within their mandate.
Amendment 123 #
2022/0155(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) It is essential for the proper functioning of the system of mandatory detection and blocking of online child sexual abuse set up by this Regulation that the EU Centre receives, via the Coordinating Authorities, anonymised specific items of material identified as constituting child sexual abuse material or transcripts of conversations identified as constituting the solicitation of children related to a specific person or a specific group of people or specific incident , such as may have been found for example during criminal investigations, so that that material or conversations can serve as an accurate and reliable basis for the EU Centre to generate indicators of such abuses. In order to achieve that result, the identification should be made after a diligent assessment, conducted in the context of a procedure that guarantees a fair and objective outcome, either by the Coordinating Authorities themselves or by a court or another independent administrative authority than the Coordinating Authority. Whilst the swift assessment, identification and submission of such material is important also in other contexts, it is crucial in connection to new child sexual abuse material and the solicitation of children reported under this Regulation, considering that this material can lead to the identification of ongoing or imminent abuse and the rescuing of victims. Therefore, specific time limits should be set in connection to such reporting.
Amendment 124 #
2022/0155(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55a) All communications containing illegal material should be encrypted to state of the art standards, all access by staff to such content should be limited to what is necessary and thoroughly logged. All such logs should be stored for a minimum of ten years.
Amendment 125 #
2022/0155(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) To support the implementation of this Regulation and contribute to the achievement of its objectives, the EU Centre should serve as a central facilitator, carrying out a range of specific tasks. The performance of those tasks requires strong guarantees of independence, in particular from law enforcement authorities, as well as a governance structure ensuring the effective, efficient and coherent performance of its different tasks, and legal personality to be able to interact effectively with all relevant stakeholders as well as an autonomous budget. Therefore, it should be established as a decentralised Union agency and provided with the necessary human and financial resources to fulfil the objectives, tasks and responsibilities assigned to it under this Regulation. It should be mainly financed by a contribution from the general budget of the Union, with the necessary appropriations drawn exclusively from unallocated margins under the relevant heading of the Multiannual Financial Framework and/or through the mobilisation of the relevant special instruments. In order to ensure that the Agency can respond flexibly to human resource needs, it is in particular appropriate that it has autonomy regarding the recruitment of contract agents.
Amendment 127 #
2022/0155(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) In the interest of legal certainty and effectiveness, the tasks of the EU Centre should be listed in a clear and comprehensive manner. With a view to ensuring the proper implementation of this Regulation, those tasks should relate in particular to the facilitation of the detection, reporting and blockinvestigation and reporting obligations imposed on providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services. However, for that same reason, the EU Centre should also be charged with certain other tasks, notably those relating to the implementation of the risk assessment and mitigation obligations of providers of relevant information society services, the removal of or disabling of access to child sexual abuse material by providers of hosting services, the provision of assistance to Coordinating Authorities, as well as the generation and sharing of knowledge and expertise related to online child sexual abuse.
Amendment 131 #
2022/0155(COD)
Proposal for a regulation
Recital 67
Recital 67
(67) Given its central position resulting from the performance of its primary tasks under this Regulation and the information and expertise it can gather in connection thereto, the EU Centre should also contribute to the achievement of the objectives of this Regulation by serving as a hub for knowledge, expertise and research on matters related to the prevention and combating of online child sexual abuse. In this connection, the EU Centre should, including education and awareness raising, and prevention programmes available for potential offenders and offenders during and after criminal proceedings. The collection, analysis of data should include the list of education and awareness raising material made part of the official curricula. In this connection, the EU Centre should bring together practitioners and researchers. The EU Centre should also cooperate with relevant stakeholders from both within and outside the Union and allow Member States to benefit from the knowledge and expertise gathered, including best practices and lessons learned.
Amendment 134 #
2022/0155(COD)
Proposal for a regulation
Recital 70
Recital 70
(70) Longstanding Union support for both INHOPE and its member hotlines recognises that hotlines are in the frontline in the fight against online child sexual abuse. The EU Centre should leverage the network of hotlines and encourage that they work together effectively with the Coordinating Authorities, providers of relevant information society services and law enforcement authorities of the Member States. The hotlines’ expertise and experience is an invaluable source of information on the early identification of common threats and solutions, as well as on regional and national differences across the Union. Child helplines are equally in the frontline in the fight against online child sexual abuse. Therefore, the EU Centre should also recognise the work of child helplines in victim response, and the existing referral mechanisms between child helplines and hotlines. The EU Centre should coordinate services for victims.
Amendment 135 #
2022/0155(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 136 #
2022/0155(COD)
Proposal for a regulation
Recital 74 a (new)
Recital 74 a (new)
(74a) In view of the need for a more effective EU Centre it is necessary to establish a Survivors' Advisory Board. Through the structured involvement of victims and former victims of sexualised violence and experts on this matter, the EU Centre should serve as a platform to offer holistic support for the fight against child sexual abuse in all Member States. The Survivors’ Advisory Council may support the EU Centre’s activities to facilitate cross-border cooperation for existing national networks and the exchange of best practice. It may also raise awareness for child sexual abuse by serving as a knowledge platform through the coordination, collection and synthethis of research.
Amendment 140 #
2022/0155(COD)
Proposal for a regulation
Recital 75
Recital 75
(75) In the interest of transparency and accountability and to enable evaluation and, where necessary, adjustments, providers of hosting services, providers of publicly available interpersonal communications services and providers of internet access services, Coordinating Authorities and the EU Centre should be required to collect gender-disaggregated and age specific data, record and analyse information, based on anonymised gathering of non-personal data and to publish annual reports on their activities under this Regulation. The Coordinating Authorities should cooperate with Europol and with law enforcement authorities and other relevant national authorities of the Member State that designated the Coordinating Authority in question in gathering that information.
Amendment 148 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Providers of hosting services and providers of interpersonal communications services shall identify, analyse and assess, for each such service that they offer, the risk of usepublicly available number- independent interpersonal communications services where there is evidence that their service is routinely or systematically used for the purpose of online child sexual abuse, shall identify, analyse and assess, for each such service that they offer, risks stemming from the design, functioning , including algorithmic systems of the service for the purpose of online child sexual abuse.
Amendment 149 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Amendment 150 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a
Article 3 – paragraph 2 – point a
Amendment 151 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a a (new)
Article 3 – paragraph 2 – point a a (new)
(aa) any actual or foreseeable negative effects for the exercise of fundamental rights or possible breaches of EU law
Amendment 152 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point a b (new)
Article 3 – paragraph 2 – point a b (new)
(ab) the protection of end-to-end encryption if applicable to the service
Amendment 153 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 1
Article 3 – paragraph 2 – point b – indent 1
Amendment 154 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 2
Article 3 – paragraph 2 – point b – indent 2
Amendment 155 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 3
Article 3 – paragraph 2 – point b – indent 3
– functionalities enabling age verificationthe effective protection of children online;
Amendment 156 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point b – indent 4
Article 3 – paragraph 2 – point b – indent 4
– functionalities enabling users to flag online child sexual abuse to the provider through tools that are easily accessible and age-appropriate and that respect users’ privacy;
Amendment 158 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point c
Article 3 – paragraph 2 – point c
Amendment 159 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point d
Article 3 – paragraph 2 – point d
(d) the manner in which the provider designed and operates the service, including the business model, governance and relevant systems and processes, the design of their recommender systems and any other relevant algorithmic system and the impact thereof on that risk;
Amendment 160 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point i
Article 3 – paragraph 2 – point e – point i
Amendment 161 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point ii
Article 3 – paragraph 2 – point e – point ii
Amendment 163 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 1
Article 3 – paragraph 2 – point e – point iii – indent 1
– enabling users to publicly search for other users and, in particular, for adult users to search for child users;
Amendment 164 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 2
Article 3 – paragraph 2 – point e – point iii – indent 2
– enabling users to establishinitiate unsolicited contact with other users directly, in particular through private communications;
Amendment 165 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 2 – point e – point iii – indent 3
Article 3 – paragraph 2 – point e – point iii – indent 3
Amendment 167 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
The provider may request the EU Centre to perform an analysis of representative, anonymized data samples to identify potential online child sexual abuse,the methodology for risk assessment in order to support the risk assessment.
Amendment 168 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 2
Article 3 – paragraph 3 – subparagraph 2
The costs incurred by the EU Centre for the performance of such an analysis shall be borne by the requesting provider. However, the EU Centre shall bear those costs where the provider is a micro, small or medium-sized enterprise, provided the request is. The EU centre may reject the request on the basis of that it is not reasonably necessary to support the risk assessment.
Amendment 169 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 3 – subparagraph 3
Article 3 – paragraph 3 – subparagraph 3
Amendment 170 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 4 – subparagraph 2 – point a
Article 3 – paragraph 4 – subparagraph 2 – point a
(a) for a service which is subject to a detecn investigation order issued in accordance with Article 7, the provider shall update the risk assessment at the latest two months before the expiry of the period of application of the detection order;
Amendment 171 #
2022/0155(COD)
Proposal for a regulation
Article 3 – paragraph 6
Article 3 – paragraph 6
6. The Commission, in cooperation with Coordinating Authorities and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1 to 5, having due regard in particular to relevant technological developments, trends reported by authorities, civil society organisations and victim support organisations, and to the manners in which the services covered by those provisions are offered and used.
Amendment 172 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. Providers of hosting services and providers of interpersonal communications services shall take reasonablpublicly available number- independent interpersonal communications services where there is substantial evidence that their service is routinely or systematically used for the purpose of online child sexual abuse shall take proportionate and effective mitigation measures, tailored to the serious risk identified pursuant to Article 3, to minimise that risk. Such measures shall include some or all of the following:
Amendment 173 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a
Article 4 – paragraph 1 – point a
(a) adapting, through appropriate technical and operational measures and staffing, the provider’s content moderation or recommender systems, its decision- making processes, the operation or functionalities of the service, or the content or enforcement of its t insofar as any changes are in full respect for the security and technical integrity of the service in order to protect the right to confidential communications of userms and conditions;that are not suspected of online child sexual abuse, and do not amount to general monitoring, nor indisciriminate data retention
Amendment 174 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a a (new)
Article 4 – paragraph 1 – point a a (new)
(aa) providing technical measures and tools that allow users, and in particular children, to manage their own privacy, visibility, reachability and safety , and that are set to the most secure levels by default;
Amendment 175 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a b (new)
Article 4 – paragraph 1 – point a b (new)
(ab) new informing users, keeping in mind children’s needs, about external resources and services in the user’s region on preventing child sexual abuse, counselling by help-lines, information on victim support and educational resources provided by hotlines and child protection organisations;
Amendment 176 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a c (new)
Article 4 – paragraph 1 – point a c (new)
(ac) New providing tools in a prominent way on their platform that allow users and potential victims to seek help from their local help-line
Amendment 177 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point a d (new)
Article 4 – paragraph 1 – point a d (new)
(ad) automatic mechanisms and interface design elements to inform users about external preventive intervention programmes without prejudice to the prohibition of profiling under Article 22 GDPR and the processing of sensitive data under Article 9 GDPR
Amendment 178 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point b
Article 4 – paragraph 1 – point b
(b) reinforcadapting the provider’s internal processes or the internal supervision of the functioning of the service;
Amendment 179 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) initiating or adjusting cooperation, in accordance with competition law, with other providers of hosting services or providers of interpersonal communication services, public authorities, civil society organisations, hotlines or, where applicable, entities awarded the status of trusted flaggers in accordance with Article 19 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] .
Amendment 181 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) without breaking, weakening, circumventing or otherwise undermining end-to-end encryption in the sense of people’s right to confidential communications;.
Amendment 182 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
(a) effective and proportionate in mitigating the identified serious risk;
Amendment 183 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point a a (new)
Article 4 – paragraph 2 – point a a (new)
(aa) new subject to an implementation plan with clear objectives and methodologies for identifying and quantifying impacts on the identified serious risk and on the exercise of the fundamental rights of all affected parties. The implementation plan shall be reviewed every six months.
Amendment 185 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
(b) targeted and proportionate in relation to that risk, taking into account, in particular, the seriousness of the risk , any impact on the functionality of the service as well as the provider’s financial and technological capabilities and the number of users;
Amendment 186 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) applied in a diligent and non- discriminatory manner, having due regardassessing, in all circumstances, to the potential consequences of the mitigationspecific measures for the exercise of fundamental rights of all parties affected;
Amendment 189 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
Amendment 190 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3a. Any requirement to take specific measures shall be without prejudice to Article 8 of Regulation (EU) …/… [on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC] and shall entail neither a general obligation for hosting services providers to monitor the information which they transmit or store, nor a general obligation actively to seek facts or circumstances indicating illegal activity.
Amendment 191 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. PWhere appropriate, providers of hosting services and providers of interpersonal communications services shall clearly describe in their terms and conditionsof service, keeping in mind different possibilities of interpretation, the mitigation measures that they have taken. That description shall not include information that mais likely to significantly reduce the effectiveness of the mitigation measures.
Amendment 192 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. Specific measures for platforms primarily used for the dissemination of pornographic content Where an online platform is primarily used for the dissemination of user generated pornographic content, the platform shall take the necessary technical and organisational measures to ensure a. user-friendly reporting mechanisms to report alleged child sexual abuse material; b. adequate professional human content moderation to rapidly process notices of alleged child sexual abuse material; c. automatic mechanisms and interface design elements to inform users about external preventive intervention programmes in the user’s region.
Amendment 193 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
Amendment 195 #
2022/0155(COD)
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The Commission, in cooperation with Coordinating Authorities , the European Data Protection Board and the EU Centre and after having conducted a public consultation, may issue guidelines on the application of paragraphs 1, 2, 3 and 42, having due regard in particular to relevant technological developments, trends reported by authorities, civil society organisations and victim support organisations and in the manners in which the services covered by those provisions are offered and used.
Amendment 198 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point a
Article 6 – paragraph 1 – point a
(a) make reasonable efforts to assess, where possible together with the providers of software applications, wheensure that software applications can only make available on their platform software applications if prior to the use of their each service offered through the software applications that they intermediate presents a risk of being used for the purpose of the solicitation of children;they have obtained the contact details of the provider of software application developing team, without prejudice to Open Source Software, where this may not be possible
Amendment 199 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
Amendment 201 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 – point c
Article 6 – paragraph 1 – point c
Amendment 202 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 1 a (new)
Article 6 – paragraph 1 a (new)
1a. Security of communications and services Nothing in this regulation shall be construed as requiring or encouraging the prohibition, restriction, circumvention or undermining of the provision or the use of encrypted services.
Amendment 203 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 204 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 205 #
2022/0155(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
Amendment 208 #
2022/0155(COD)
Proposal for a regulation
Chapter II – Section 2 – title
Chapter II – Section 2 – title
2 DetecInvestigation obligations
Amendment 209 #
Amendment 210 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent independent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a detecto issue an investigation order requiring a provider of hosting services or a provider of publicly available number-independent interpersonal communications services under the jurisdiction of that Member State to take the measures specified in Article 10 to detectassist in investigations of a suspected specific person, specific group of people, or a specific incident related to online child sexual abuse on a specific service.
Amendment 212 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
The Coordinating Authority of establishment shall, before requesting the issuance of a detecn investigation order, carry out the investigations and assessments necessary to determine whether the conditions of paragraph 4 have been met.
Amendment 213 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 2 – subparagraph 2
Article 7 – paragraph 2 – subparagraph 2
To that end, it may, where appropriate, require the provider to submit the necessary information, additional to the report and the further information referred to in Article 5(1) and (3), respectively, within a reasonable time period set by that Coordinating Authority, or request the EU Centre, another public authority or relevant experts or entities to provide the necessary additional information.
Amendment 214 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point a
Article 7 – paragraph 3 – subparagraph 1 – point a
(a) establish a draft request for the issuance of a detecn investigation order, specifying the factual and legal grounds upon which the request is based, the main elements of the content of the detecinvestigation order it intends to request and the reasons for requesting it;
Amendment 215 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 1 – point c
Article 7 – paragraph 3 – subparagraph 1 – point c
Amendment 216 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – introductory part
Article 7 – paragraph 3 – subparagraph 2 – introductory part
Where, having regard to the comments of the provider and the opinion of the EU Centre, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 havare met, it shall re-submit the draft request, adjusted where appropriate, to the provider. In that case, the provider shallquest the judicial validation of the inquiry/investigation order from the competent judicial authority responsible for the issuing of such orders pursuant to paragraph 4. Upon receipt of judicial validation of the order, the Coordinating Authority shall submit the order, adjusted where appropriate, to the provider. Prior to requesting the judicial validation of the investigation order, the Coordinating Authority shall request the provider to do all of the following, within a reasonable time period set by that Coordinating Authority:
Amendment 217 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point a
Article 7 – paragraph 3 – subparagraph 2 – point a
(a) draft an implementation plan setting out the incident that the authority intends to investigate, the measures it envisages taking to execute the intended detecinvestigation order, including detailed information regarding the envisaged technologies and safeguards;
Amendment 218 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point b
Article 7 – paragraph 3 – subparagraph 2 – point b
(b) where the draft implementation plan concerns an intended detection order concerning the solicitation of children other than the renewal of a previously issued detection order without any substantive changes, conduct a data protection impact assessment and a prior consultation procedure as referred to in Articles 35 and 36 of Regulation (EU) 2016/679, respectively, in relation to the measures set out in the implementation plan;
Amendment 221 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point c
Article 7 – paragraph 3 – subparagraph 2 – point c
(c) where point (b) applies, or where the conditions of Articles 35 and 36 of Regulation (EU) 2016/679 are met, adjust the draft implementation plan, where necessary in view of the outcome of the data protection impact assessment and in order to take intoutmost account of the opinion of the data protection authority provided in response to the prior consultation;
Amendment 222 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 2 – point d
Article 7 – paragraph 3 – subparagraph 2 – point d
(d) submit to that Coordinating Authority the implementation plan, where applicable attaching the opinion of the competent data protection authority and specifying how the implementation plan has been adjusted in viewto take full account of the outcome of the data protection impact assessment and of that opinion.
Amendment 223 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 3 – subparagraph 3
Article 7 – paragraph 3 – subparagraph 3
Where, having regard to the implementation plan of the provider and taking utmost account of the opinion of the data protection authority, that Coordinating Authority continues to be of the view that the conditions of paragraph 4 have met, it shall submit the request for the validation and issuance of the detectioninvestigation order, adjusted where appropriate, to the competent judicial authority or independent administrative authority. It shall attach the implementation plan of the provider and the opinions of the EU Centre and the data protection authority to that request.
Amendment 224 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Article 7 – paragraph 4 – subparagraph 1 – introductory part
Amendment 225 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point a
Article 7 – paragraph 4 – subparagraph 1 – point a
(a) there is evidence of a signpecificant risk of the service being used by one or more specific suspects for the purpose of online child sexual abuse, within the meaning of paragraphs 5, 6 and 7, as applicable;
Amendment 226 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 – point b
Article 7 – paragraph 4 – subparagraph 1 – point b
(b) the reasons for issuing the detecinvestigation order outweighare necessary and proportionate and minimise negative consequences for the rights and legitimate interests of all parties affected, having regard in particular to the need to ensure a fair balance between the fundamental rights of those parties.to protect the rights to privacy, data protection, free expression and access to information of users that are not suspects of online child sexual abuse, including child users
Amendment 227 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 1 a (new)
Article 7 – paragraph 4 – subparagraph 1 a (new)
(c) nothing in the investigation order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider as a whole.
Amendment 228 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2
Article 7 – paragraph 4 – subparagraph 2
Amendment 229 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point a
Article 7 – paragraph 4 – subparagraph 2 – point a
Amendment 230 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point b
Article 7 – paragraph 4 – subparagraph 2 – point b
Amendment 231 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point c
Article 7 – paragraph 4 – subparagraph 2 – point c
Amendment 232 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 4 – subparagraph 2 – point d
Article 7 – paragraph 4 – subparagraph 2 – point d
Amendment 233 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5 – introductory part
Article 7 – paragraph 5 – introductory part
5. As regards detecinvestigation orders concerning the dissemination of known child sexual abuse material, the signpecificant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:
Amendment 234 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) it is likely, despite any mitigation measures that the provider may have taken or will take, that the service is used, to an appreciable extentbeing used by the suspect or suspects of child sexual abuse for the dissemination of known child sexual abuse material;
Amendment 235 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) there is evidence of the service, or of a comparable service if the service has not yet having been offerused in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extentpast 12 months by one or more suspects of child sexual abuse for the dissemination of known child sexual abuse material.
Amendment 237 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6 – introductory part
Article 7 – paragraph 6 – introductory part
6. As regards detecinvestigation orders concerning the dissemination of new child sexual abuse material, the significant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:
Amendment 238 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point a
Article 7 – paragraph 6 – point a
(a) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extentby one or more suspects of child sexual abuse, for the dissemination of new child sexual abuse material;
Amendment 239 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point b
Article 7 – paragraph 6 – point b
(b) there is evidence of the service, or of a comparable service if the service has not yethaving been offerused in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extentpast 12 months by one or more suspects of child sexual abuse , for the dissemination of new child sexual abuse material;
Amendment 240 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 6 – point c – point 1
Article 7 – paragraph 6 – point c – point 1
(1) a detecinvestigation order concerning the dissemination of known child sexual abuse material has been issued in respect of the service;
Amendment 241 #
2022/0155(COD)
Amendment 243 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – introductory part
Article 7 – paragraph 7 – subparagraph 1 – introductory part
As regards detecinvestigation orders concerning the solicitation of children, the signpecificant risk referred to in paragraph 4, first subparagraph, point (a), shall be deemed to exist where the following conditions are met:
Amendment 244 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point a
Article 7 – paragraph 7 – subparagraph 1 – point a
(a) the provider qualifies as a provider of publicly available number-independent interpersonal communication services;
Amendment 245 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point b
Article 7 – paragraph 7 – subparagraph 1 – point b
(b) it is likely that, despite any mitigation measures that the provider may have taken or will take, the service is used, to an appreciable extentby one or more suspects of child sexual abuse, for the solicitation of children;
Amendment 246 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 1 – point c
Article 7 – paragraph 7 – subparagraph 1 – point c
(c) there is evidence of the service, or of a comparable service if the service has not yethaving been offerused in the Union at the date of the request for the issuance of the detection order, having been used in the past 12 months and to an appreciable extentpast 12 months by one or more suspects of child sexual abuse, for the solicitation of children.
Amendment 247 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 7 – subparagraph 2
Article 7 – paragraph 7 – subparagraph 2
Amendment 248 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 1
Article 7 – paragraph 8 – subparagraph 1
The Coordinating Authority of establishment when requesting the judicial validation and the issuance of detecinvestigation orders, and the competent judicial or independent administrative authority when issuing the detecinvestigation order, shall target and specify it in such a manner that the negative consequences referred to in paragraph 4, first subparagraph, point (b), remain limited to what is strictly necessary to effectively address the significant risk referred to in point (a) thereofand proportionate to obtain the information required to effectively investigate the case , and collect the information required to assess the existence of a criminal case.
Amendment 249 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 2
Article 7 – paragraph 8 – subparagraph 2
To that aimend, they shall take into account all relevant parameters, including the availability of sufficiently reliable detectioninvestigative technologies in that they limit to the maximum extent possible the rate of errors regarding the detecinvestigation and their suitability and effectiveness for achieving the objectives of this Regulation, as well as the impact of the measures on the rights of the users affected, and require the taking of the least intrusive measures, in accordance with Article 10, from among several equally effective measures.
Amendment 250 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point a
Article 7 – paragraph 8 – subparagraph 3 – point a
(a) where that riske suspicion of online child sexual abuse by one or more specific individuals is limited to an identifiable part or component of a service, the required measures are only applied in respect of that part or component;
Amendment 251 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 – point b
Article 7 – paragraph 8 – subparagraph 3 – point b
(b) where necessary, in particular to limit such negative consequences, effective and proportionate safeguards additional to those listed in Article 10(4), (5) and (6) are provided for;
Amendment 252 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 8 – subparagraph 3 a (new)
Article 7 – paragraph 8 – subparagraph 3 a (new)
(d) nothing in the investigation order can be construed as requiring or encouraging the provider to weaken, break, circumvent or otherwise undermine or limit the encryption, security, or other means of protecting the confidentiality of communications, of the platform or service of the provider.
Amendment 253 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 1
Article 7 – paragraph 9 – subparagraph 1
The competent judicial authority or independent administrative authority shall specify in the detecinvestigation order the period during which it applies, indicating the start date and the end date.
Amendment 254 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 2
Article 7 – paragraph 9 – subparagraph 2
The start date shall be set taking into account the time reasonably required for the provider to take the necessary measures to prepare the execution of the detecinvestigation order. It shall not be earlier than three months from the date at which the provider received the detecinvestigation order and not be later than 12 months from that date.
Amendment 255 #
2022/0155(COD)
Proposal for a regulation
Article 7 – paragraph 9 – subparagraph 3
Article 7 – paragraph 9 – subparagraph 3
The period of application of detection orders concerning the dissemination of known or new child sexual abuse material shall not exceed 24 months and that of detection orders concerning the solicitation of children shall not exceed 12 monthsinvestigation orders shall be proportionate, taking all relevant factors into account.
Amendment 256 #
2022/0155(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
8 Additional rules regarding detecinvestigation orders
Amendment 257 #
2022/0155(COD)
Proposal for a regulation
Article 8 – title
Article 8 – title
8 Additional rules regarding detecinvestigation orders
Amendment 258 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. The competent judicial authority or independent administrative authority shall issue the detecinvestigation orders referred to in Article 7 using the template set out in Annex I. DetecInvestigation orders shall include:
Amendment 259 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point a
Article 8 – paragraph 1 – point a
(a) information regarding the measures to be taken to execute the detecinvestigation order, including on the suspect or group of suspects or incident concerned, the temporal scope, the indicators to be used and the safeguards to be provided for, including the reporting requirements set pursuant to Article 9(3) and, where applicable, any additional safeguards as referred to in Article 7(8); All rights with respect to being a suspect under EU law must be upheld.
Amendment 260 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point b
Article 8 – paragraph 1 – point b
(b) identification details of the competent judicial authority or the independent administrative authority issuing the detecinvestigation order and authentication of the detecat investigation order by that judicial or independent administrative authority;
Amendment 261 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) the specific service in respect of which the detecinvestigation order is issued and, where applicable, the part or component of the service affected as referred to in Article 7(8);
Amendment 263 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point e
Article 8 – paragraph 1 – point e
(e) whether the detecinvestigation order issued concerns the possible dissemination of known or newpreviously unknown child sexual abuse material or the solicitation of children;
Amendment 264 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point f
Article 8 – paragraph 1 – point f
(f) the start date and the end date of the detecinvestigation order;
Amendment 265 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point g
Article 8 – paragraph 1 – point g
(g) a sufficiently detailed statement of reasons explaining why the detecinvestigation order is issued;
Amendment 266 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point h
Article 8 – paragraph 1 – point h
(h) the factual and legal grounds justifying the issuing of the order, and a reference to this Regulation as the legal basis for the detecinvestigation order;
Amendment 267 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point i
Article 8 – paragraph 1 – point i
(i) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the detecinvestigation order;
Amendment 268 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point j
Article 8 – paragraph 1 – point j
(j) easily understandable information about the redress available to the addressee of the detecinvestigation order, including information about redress to a court and about the time periods applicable to such redress.
Amendment 269 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
The competent judicial authority or independent administrative authority issuing the detecinvestigation order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 270 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
The detecinvestigation order shall be securely transmitted to the provider’s point of contact referred to in Article 23(1), to the Coordinating Authority of establishment and to the EU Centre, through the system established in accordance with Article 39(2).
Amendment 271 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 3
Article 8 – paragraph 2 – subparagraph 3
The detecinvestigation order shall be drafted in the language declared by the provider pursuant to Article 23(3).
Amendment 272 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. If the provider cannot execute the detecinvestigation order because it contains manifest errorserrors or it appears unnecessary or disproportionate, in particular on the rights and freedoms of persons not reasonably suspected of online child sexual abuse or does not contain sufficient information for its execution, the provider shall, without undue delay, request the necessary correction or clarification to the Coordinating Authority of establishment, using the template set out in Annex II.
Amendment 273 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 4 a (new)
Article 8 – paragraph 4 a (new)
Amendment 274 #
2022/0155(COD)
Proposal for a regulation
Article 8 – paragraph 4 b (new)
Article 8 – paragraph 4 b (new)
4b. Notification mechanism 1. Providers of hosting services and providers of interpersonal communication services shall establish mechanisms that allow users to notify to them the presence on their service of specific items or activities that the user considers to be potential child sexual abuse material, in particular previously unknown child sexual abuse material and solicitation of children. Those mechanisms shall be easy to access and user-friendly, child-friendly and shall allow for the submission of notices exclusively by electronic means. 2. Where the notice contains the electronic contact information of the user who submitted it , the provider shall without undue delay send a confirmation or receipt to the user. 3. Providers shall ensure that such notices are processed without undue delay.
Amendment 275 #
2022/0155(COD)
Proposal for a regulation
Article 9 – title
Article 9 – title
9 Redress, information, reporting and modification of detecinvestigation orders
Amendment 276 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services that have received a detecn investigation order, as well as usersthe suspect(s) affected by the measures taken to execute it, shall have a right to effective redress. That right shall include the right to challenge the detecinvestigation order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the detecinvestigation order.
Amendment 277 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 1
Article 9 – paragraph 2 – subparagraph 1
When the detecinvestigation order becomes final, the competent judicial authority or independent administrative authority that issued the detecinvestigation order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 278 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 2 – subparagraph 2
Article 9 – paragraph 2 – subparagraph 2
For the purpose of the first subparagraph, a detecn investigation order shall become final upon the expiry of the time period for appeal where no appeal has been lodged in accordance with national law or upon confirmation of the detecinvestigation order following an appeal.
Amendment 279 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 1
Article 9 – paragraph 3 – subparagraph 1
Where the period of application of the detecinvestigation order exceeds 12 months, or six months in the case of a detecn investigation order concerning the solicitation of children, the Coordinating Authority of establishment shall require the provider to report to it on the execution of the detecinvestigation order at least once, halfway through the period of application.
Amendment 280 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 3 – subparagraph 2
Article 9 – paragraph 3 – subparagraph 2
Those reports shall include a detailed description of the measures taken to execute the detecinvestigation order, including the safeguards provided, and information on the functioning in practice of those measures, in particular on their effectiveness in detecting the dissemination of known or new child sexual abuse material or the solicitation of children, as applicable, and on the consequences of those measures for the rights and legitimate interests of all parties affected.
Amendment 281 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
In respect of the detecinvestigation orders that the competent judicial authority or independent administrative authority issued at its request, the Coordinating Authority of establishment shall, where necessary and in any event following reception of the reports referred to in paragraph 3, assess whether any substantial changes to the grounds for issuing the detecinvestigation orders occurred and, in particular, whether the conditions of Article 7(4) continue to be met. In that regard, it shall take account of additional mitigation measures that the provider may take to address the signpecificant risk identified at the time of the issuance of the detecinvestigation order.
Amendment 282 #
2022/0155(COD)
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
That Coordinating Authority shall request to the competent judicial authority or independent administrative authority that issued the detecinvestigation order the modification or revocation of such order, where necessary in the light of the outcome of that assessment. The provisions of this Section shall apply to such requests, mutatis mutandis.
Amendment 290 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. Where a provider of hosting services or a provider of interpersonal communications services becomes awarepublicly available number-independent interpersonal communications services has actual knowledge of alleged online child sexual abuse on its services in any manner other than through a removal order issued in accordance with this Regulation of any information indicating potential online child sexual abuse on its services, it shall promptly submit a report using state of the art encryption thereon to the EU Centre in accordance with Article 13 and shall expeditiously disable access to such content, and remove such content once the EU Centre confirms this will not prejudice an ongoing investigation. It shall do so through the system established in accordance with Article 39(2).
Amendment 291 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 1
Article 12 – paragraph 2 – subparagraph 1
Where the provider submits a report pursuant to paragraph 1, it shall inform the user concerned, providingrequest authorisation from the EU Centre to inform the user concerned, where the Centre shall reply without undue delay, at maximum within two days. The notification to the user shall include information on the main content of the report, on the manner in which the provider has become aware of the potentialalleged child sexual abuse concerned, on the follow-up given to the report insofar as such information is available to the provider and on the user’s possibilities of redress, including on the right to submit complaints to the Coordinating Authority in accordance with Article 34.
Amendment 292 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 2
Article 12 – paragraph 2 – subparagraph 2
The provider shall inform the user concerned without undue delay, either after having received a communication from the EU Centre indicating that it considers the report to be manifestly unfounded as establish and operate an accessible and user-friendly mechanism with age-appropriate options that allows users to flag, anonymously if preferred, to in Article 48(2), or after the expiry of a time period of three months from the date of the report without having received a communication from the EU Centre indicating that the information is not to be provided as referred to in Article 48(6), point (a), whichever occurs firstthe provider potential online child sexual abuse or potential solicitation of children on the service.
Amendment 293 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 2 – subparagraph 3
Article 12 – paragraph 2 – subparagraph 3
Amendment 294 #
2022/0155(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The provider shall establish and operate an accessible, age-appropriate and user-friendly mechanism that allows users to flagwith age-appropriate options that allows users to flag, anonymously if preferred, to the provider potential online child sexual abuse or potential solicitation of children on the service.
Amendment 297 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
1. Providers of hosting services and providers of publicly available number- independent interpersonal communications services shall submit the report referred to in Article 12 using the template set out in Annex III. The report shall include:
Amendment 298 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c
Article 13 – paragraph 1 – point c
(c) all content data, including images, videos and text;encrypted versions of all child sexual abuse , being reported
Amendment 299 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d
Article 13 – paragraph 1 – point d
(d) a list of all available data other than content data related to the potential online child sexual abuse preserved in line with the preservation order in article 8a;
Amendment 300 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point d a (new)
Article 13 – paragraph 1 – point d a (new)
(da) a list of all traffic data and metadata retained in relation to the potential online child sexual abuse, which could be made available to law enforcement authorities, together with information concerning default storage periods.
Amendment 301 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point f
Article 13 – paragraph 1 – point f
Amendment 302 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point g
Article 13 – paragraph 1 – point g
Amendment 303 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point i
Article 13 – paragraph 1 – point i
(i) where the potentiaalleged l online child sexual abuse concerns the dissemination of known or newpreviously unknown child sexual abuse material, whether the provider has removed or disabled access to the material;
Amendment 304 #
2022/0155(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point j
Article 13 – paragraph 1 – point j
(j) in indication whether the provider considers that the report requires urgent action;
Amendment 305 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Coordinating Authority of establishment shall have the power to request the competent judicial authority of the Member State that designated it or another independent administrative authority of that Member State to issue a removal order requiring a provider of hostingto issue a removal order requiring a provider of hosting services or publicly available number-independent interpersonal communications services under the jurisdiction of the Member State that designated that Coordinating Authority to remove or disable access in all Member States of one or more specific items of material that, after a diligent assessment, the Coordinating Authority or the courts or other independent administrative authorities referred to in Article 36(1)competent judicial authority identified as constituting child sexual abuse material.
Amendment 306 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1 a (new)
Article 14 – paragraph 1 a (new)
1a. Before requesting a removal order, the Coordinating Authority of establishment and competent judicial authority shall take all reasonable steps to ensure that implementing the order will not interfere with activities for the investigation and prosecution of child sexual abuse offences.
Amendment 307 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 1 b (new)
Article 14 – paragraph 1 b (new)
1b. Removal orders shall be issued by judicial authorities in line with Article 9 on Orders to act against illegal content of the Regulation of the European Parliament and of the Council on a Single Market For Digital Services (Digital Services Act) and amending Directive 2000/31/EC.
Amendment 308 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – introductory part
Article 14 – paragraph 3 – introductory part
3. The competent judicial authority or the independent administrative authority shall issue a removal order using the template set out in Annex IV. Removal orders shall include:
Amendment 309 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point a
Article 14 – paragraph 3 – point a
(a) identification details of the judicial or independent administrative authority issuing the removal order and authentication of the removal order by that authority;
Amendment 310 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point c
Article 14 – paragraph 3 – point c
Amendment 311 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point h
Article 14 – paragraph 3 – point h
(h) the date, time stamp and electronic signature of the judicial or independent administrative authority issuing the removal order;
Amendment 312 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point i
Article 14 – paragraph 3 – point i
(i) easily understandable and accessible information about the redress options that the service has to make available to the addressee of the removal order in their language setting, including information about redress to a court and about the time periods applicable to such redress. , taking into account the different needs of people with a disability
Amendment 313 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
The judicial authority or the independent administrative issuing the removal order shall address it to the main establishment of the provider or, where applicable, to its legal representative designated in accordance with Article 24.
Amendment 314 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
If the provider cannot execute the removal order on grounds of force majeure or de facto impossibility not attributable to it, including for objectively justifiable technical or operational reasons, it shall, without undue delay, inform the Coordinating Authority of establishment of those grounds including evidence, using the template set out in Annex V.
Amendment 315 #
2022/0155(COD)
Proposal for a regulation
Article 14 – paragraph 6 – subparagraph 1
Article 14 – paragraph 6 – subparagraph 1
If the provider cannot execute the removal order because it contains manifest errors or does not contain sufficient information for its execution, it shall, without undue delay, request the necessary clarification to the Coordinating Authority of establishment, using the template set out in Annex V. The Coordinating Authority shall reply without undue delay, at maximum within two days.
Amendment 316 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Providers of hosting services or publicly available number-independent interpersonal communications services that have received a removal order issued in accordance with Article 14, as well as the users who providedengaged with the material, shall have the right to an effective, and if applicable, collective redress. That right shall include the right to challenge such a removal order before the courts of the Member State of the competent judicial authority or independent administrative authority that issued the removal order.
Amendment 317 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
When the removal order becomes final, the competent judicial authority or independent administrative authority that issued the removal order shall, without undue delay, transmit a copy thereof to the Coordinating Authority of establishment. The Coordinating Authority of establishment shall then, without undue delay, transmit a copy thereof to all other Coordinating Authorities through the system established in accordance with Article 39(2).
Amendment 318 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) the reasons for the removal or disabling, providing a copy of the removal order upon the user’s request;
Amendment 319 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 3 – subparagraph 1 (new)
Article 15 – paragraph 3 – subparagraph 1 (new)
Amendment 321 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 1
Article 15 – paragraph 4 – subparagraph 1
Amendment 323 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2
Article 15 – paragraph 4 – subparagraph 2
Amendment 324 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point a
Article 15 – paragraph 4 – subparagraph 2 – point a
Amendment 325 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point b
Article 15 – paragraph 4 – subparagraph 2 – point b
Amendment 326 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 2 – point c
Article 15 – paragraph 4 – subparagraph 2 – point c
Amendment 327 #
2022/0155(COD)
Proposal for a regulation
Article 15 – paragraph 4 – subparagraph 3
Article 15 – paragraph 4 – subparagraph 3
Amendment 328 #
Amendment 329 #
Amendment 330 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 332 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 1
Article 16 – paragraph 2 – subparagraph 1
Amendment 333 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2
Article 16 – paragraph 2 – subparagraph 2
Amendment 334 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point a
Article 16 – paragraph 2 – subparagraph 2 – point a
Amendment 335 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point b
Article 16 – paragraph 2 – subparagraph 2 – point b
Amendment 336 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point c
Article 16 – paragraph 2 – subparagraph 2 – point c
Amendment 337 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 2 – subparagraph 2 – point d
Article 16 – paragraph 2 – subparagraph 2 – point d
Amendment 340 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
Amendment 341 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1
Article 16 – paragraph 4 – subparagraph 1
Amendment 342 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a
Article 16 – paragraph 4 – subparagraph 1 – point a
Amendment 343 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point b
Article 16 – paragraph 4 – subparagraph 1 – point b
Amendment 344 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point c
Article 16 – paragraph 4 – subparagraph 1 – point c
Amendment 345 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point d
Article 16 – paragraph 4 – subparagraph 1 – point d
Amendment 346 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Amendment 347 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 348 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 5 – point a
Article 16 – paragraph 5 – point a
Amendment 349 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 5 – point b
Article 16 – paragraph 5 – point b
Amendment 350 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 1
Article 16 – paragraph 6 – subparagraph 1
Amendment 351 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 6 – subparagraph 2
Article 16 – paragraph 6 – subparagraph 2
Amendment 353 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 1
Article 16 – paragraph 7 – subparagraph 1
Amendment 354 #
2022/0155(COD)
Proposal for a regulation
Article 16 – paragraph 7 – subparagraph 2
Article 16 – paragraph 7 – subparagraph 2
Amendment 355 #
Amendment 356 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
Amendment 357 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 358 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
Amendment 359 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point c
Article 17 – paragraph 1 – point c
Amendment 360 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 361 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
Amendment 362 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 363 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 364 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
Amendment 365 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
Amendment 366 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 1 – point i
Article 17 – paragraph 1 – point i
Amendment 367 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 368 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
Amendment 369 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 4
Article 17 – paragraph 4
Amendment 370 #
2022/0155(COD)
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
Amendment 371 #
2022/0155(COD)
Amendment 372 #
Amendment 373 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
Amendment 374 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1
Article 18 – paragraph 2 – subparagraph 1
Amendment 375 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 2
Article 18 – paragraph 2 – subparagraph 2
Amendment 376 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 377 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
Amendment 378 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point a
Article 18 – paragraph 4 – point a
Amendment 379 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point b
Article 18 – paragraph 4 – point b
Amendment 380 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 4 – point c
Article 18 – paragraph 4 – point c
Amendment 381 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 1
Article 18 – paragraph 5 – subparagraph 1
Amendment 382 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 5 – subparagraph 2
Article 18 – paragraph 5 – subparagraph 2
Amendment 383 #
2022/0155(COD)
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 386 #
2022/0155(COD)
Proposal for a regulation
Article 20 – title
Article 20 – title
20 Victims’ right to information and support
Amendment 387 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1
Article 20 – paragraph 1 – subparagraph 1
Amendment 390 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 a (new)
Article 20 – paragraph 1 – subparagraph 1 a (new)
Victims of child sexual abuse or their representatives and persons living in the Union shall have the right to receive, upon their request, from the Coordinating Authority information regarding victim’s rights, support and assistance. The information shall be age-appropriate, accessible and gender-sensitive and shall include at a minimum: (a) the type of support they can obtain and from whom, including, where relevant, basic information about access to medical support, any specialist support, including psychological or social support, and alternative accommodation; (b) the procedures for making complaints with regard to a criminal offence and their role in connection with such procedures; ( c) how and under what conditions they can obtain protection, including protection measures; (d) how and under what conditions they can access legal advice, legal aid and any other sort of advice; (e) how and under what conditions they can access compensation; (f) how and under what conditions they are entitled to interpretation and translation;
Amendment 392 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 1 – subparagraph 1 b (new)
Article 20 – paragraph 1 – subparagraph 1 b (new)
In case a victim or victim representative indicates the preference for a periodic request, the Coordinating Authority shall submit without delay, the information referred to in paragraph 3 proactively to the requester after the first submitted reply, in any new instances of reports referred to in paragraph 1 on a weekly basis. Victims or victim representatives can terminate the periodic request at any time by notifying the Coordinating Authority in question.
Amendment 394 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 2 – point b
Article 20 – paragraph 2 – point b
(b) where applicable, the individual or entity that is to receive the information on behalfformally assisting or representing the person that is to receive the information on behalf of the person making the request with verifiable proof of approval of the person making the request;
Amendment 395 #
2022/0155(COD)
(c) sufficient elements to demonstrverify thate the identity ofchild sexual abuse material in question matches with the person making the request.
Amendment 396 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 2 – subparagraph 1 (new)
Article 20 – paragraph 2 – subparagraph 1 (new)
(d) an indication if the request is occasional or should cover a certain time period
Amendment 397 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point a
Article 20 – paragraph 3 – point a
(a) the identification of the provider(s) that submitted the report;
Amendment 398 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point b
Article 20 – paragraph 3 – point b
(b) the date(s) of the report(s);
Amendment 399 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point c
Article 20 – paragraph 3 – point c
(c) whether the EU Centre forwarded the report(s) in accordance with Article 48(3) and, if so, to which authorities;
Amendment 400 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 3 – point d
Article 20 – paragraph 3 – point d
(d) whether the provider reported having removed or disabled access to the material, and in case, including all related information, in accordance with Article 13(1), point (i).
Amendment 402 #
2022/0155(COD)
Proposal for a regulation
Article 20 – paragraph 3 – subparagraph 1 (new)
Article 20 – paragraph 3 – subparagraph 1 (new)
(e) if there were appeals to such removal and all related information (f) new relevant age-appropriate, accessible and gender-sensitive information on victim support and assistance in the victim’s region
Amendment 404 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Providers of hosting services shall provide reasonablewithout delay, assistance, on request, to persons residingvictims of child sexual abuse material hosted or disseminated in the Union or their representatives or persons in the Union that seek to have one or more specific items of known child sexual abuse material depicting them removed or to have access thereto disabled by the provider.
Amendment 406 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 1 a (new)
Article 21 – paragraph 1 a (new)
1a. Professionals likely to come into contact with victims of child sexual abuse shall be adequately trained to deal with such victims, taking into account gender sensitivities.
Amendment 407 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 2 – subparagraph 1
Article 21 – paragraph 2 – subparagraph 1
Amendment 410 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
3. The requests referred to in paragraphs 1 and 2 shall indicate the relevant item or items of child sexual abuse material and any other relevant information.
Amendment 411 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 4 – point b
Article 21 – paragraph 4 – point b
(b) verifying whether and when the provider removed or disabled access to that item or those items, including by conducting the searches referred to in Article 49(1);
Amendment 412 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 4 – point d
Article 21 – paragraph 4 – point d
(d) where necessary, informing the Coordinating Authority of establishment of the presence of that item or those items on the provider’s service, with a view to the issuance of a removal order pursuant to Article 14 and the obligations under Article 21.
Amendment 413 #
2022/0155(COD)
Proposal for a regulation
Article 21 – paragraph 4 – subparagraph 1 (new)
Article 21 – paragraph 4 – subparagraph 1 (new)
(e) information regarding victim’s rights, assistance and support pursuant to Article 21.
Amendment 418 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
1. Member States shall, by [Date - two months from the date of entry into force of this Regulation], designate one or more competent authorities as responsible for the application and enforcement of this Regulation and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU (‘competent authorities’).
Amendment 419 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 2
Article 25 – paragraph 2 – subparagraph 2
The Coordinating Authority shall be responsible for all matters related to application and enforcement of this Regulation, and to the achievement of the objective of this Regulation and enforcement of Directive 2011/93/EU in the Member State concerned, unless that Member State has assigned certain specific tasks or sectors to other competent authorities.
Amendment 420 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 2 – subparagraph 3
Article 25 – paragraph 2 – subparagraph 3
The Coordinating Authority shall in any event be responsible for ensuring coordination at national level in respect of those matters and for contributing to the effective, efficient and consistent application and enforcement of this Regulation and Directive 2011/93/EU throughout the Union.
Amendment 422 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 5
Article 25 – paragraph 5
5. Each Member State shall ensure that a sufficiently staffed contact point is designated or established within the Coordinating Authority’s office to handle requests for clarification, feedback and other communications in relation to all matters related to the application and enforcement of this Regulation and enforcement of Directive 2011/93/EU in that Member State. Member States shall make the information on the contact point publicly available and communicate itwidely accessible through gender-sensitive and age-appropriate online and offline awareness raising campaigns and communicate this information to the EU Centre. They shall keep that information updated.
Amendment 425 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 7 – point a
Article 25 – paragraph 7 – point a
(a) provide certain information or technical expertise on matters covered by this Regulation;
Amendment 427 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 7 – point a a (new)
Article 25 – paragraph 7 – point a a (new)
(aa) provide information and expertise on gender-sensitive and age appropriate victim support and prevention of online child sexual abuse
Amendment 429 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 7 – point c
Article 25 – paragraph 7 – point c
(c) verify the possible need to request competent nationjudicial authorities to issue a detecn investigation order, or a removal order or a blocking order in respect of a service under the jurisdiction of the Member State that designated that Coordinating Authority;
Amendment 430 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 7 – point d
Article 25 – paragraph 7 – point d
(d) verify the effectiveness of a detecn investigation order or a removal order issued upon the request of the requesting Coordinating Authority or judicial authorities.
Amendment 431 #
2022/0155(COD)
Proposal for a regulation
Article 25 – paragraph 8
Article 25 – paragraph 8
8. The EU Centre shall provide such assistance free of charge and in accordance with its tasks and obligations under this Regulation and insofar as its resources and priorities allow.
Amendment 435 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 436 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) are legally and functionally independent from any other public authorityies;
Amendment 437 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point e
Article 26 – paragraph 2 – point e
Amendment 438 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 3 a (new)
Article 26 – paragraph 3 a (new)
3a. Paragraph 2 shall not prevent the Coordinating Authority of any membership in a recognised international network as it shall not prejudice its independent character;
Amendment 439 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. The Coordinating Authorities shall ensure that relevant members of staff have the required qualifications, experience and technical skills to perform their duties. They shall also ensure that members of staff coming into contact with victims are adequately and frequently trained in intersectional victim support.
Amendment 440 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 4 a (new)
Article 26 – paragraph 4 a (new)
4a. The Coordinating Authorities shall ensure that the appointment of management and hiring of staff is subject to an employment background check,
Amendment 441 #
2022/0155(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
5. The management and other staff of the Coordinating Authorities shall, in accordance with Union or national law, be subject to a duty of professional secrecy both during and after their term of office, with regard to any confidential information which has come to their knowledge in the course of the performance of their tasks. Member States shall ensure that the management and other staff are subject to rules guaranteeing that they can carry out their tasks in an objective, impartial and independent manner, in particular as regards their appointment, dismissal, remuneration and career prospects. Coordinating Authorities shall take into account the application of Directive 2021/93/EU on Pay Transparency.
Amendment 442 #
2022/0155(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Users shall have the right to lodge a complaint alleging an infringement of this Regulation affecting them against providers of relevant information society services, including through an individual or entity formally assisting or representing them , alleging an infringement of this Regulation or infringements of their fundamental rights resulting from this Regulation with the Coordinating Authority designated by the Member State where the user resides or is established. or by a Coordinating Authority of their choosing
Amendment 443 #
2022/0155(COD)
Proposal for a regulation
Article 34 – paragraph 1 a (new)
Article 34 – paragraph 1 a (new)
1a. The Coordinating authority shall offer easy to use mechanisms to anonymously submit information about infringements of this Regulation"
Amendment 444 #
2022/0155(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Coordinating Authorities shall provide child-friendlyage-appropriate and accessible mechanisms to submit a complaint under this Article and adopt a childn age-appropriate and gender-sensitive approach when handling complaints submitted by children, taking due account of the child's age, maturityperson’s age, if indicated, views, needs and concerns. The processing of complaints shall take into account due diligence and will provide necessary information to the complainant.
Amendment 448 #
2022/0155(COD)
Proposal for a regulation
Article 43 – title
Article 43 – title
Tasks of the EU CentreAgency on Child Protection
Amendment 449 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph -1 (new)
Article 43 – paragraph -1 (new)
-1 The objective of the Agency shall be to provide the relevant institutions, bodies, offices and agencies of the EU and its Member States as well as civil society organisations and research bodies when involved with implementing EU law with assistance, expertise and coordination in relation to the preventing and combating of child sexual abuse, in order to support them when taking measures or formulating courses of action within their respective spheres of competence with full respect of fundamental rights
Amendment 450 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – introductory part
Article 43 – paragraph 1 – introductory part
The EU CentreAgency shall:
Amendment 451 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point a
Article 43 – paragraph 1 – point 1 – point a
(a) supporting the Commission in the preparation of the guidelines referred to in Article 3(8), Article 4(5), Article 6(4) and Article 11, including by collecting and providing relevant gender-sensitive and age-disaggregated information, expertise and best practices, taking into account advice from the Technology Committee and the Survivor’s Advisory Board referred to in Article 66 and 66a (new);
Amendment 453 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 1 – point b
Article 43 – paragraph 1 – point 1 – point b
(b) upon request from a provider of relevant information services, providing an analysis of anonymised data samplesthe methodology for risk assessment for the purpose referred to in Article 3(3);
Amendment 454 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – introductory part
Article 43 – paragraph 1 – point 2 – introductory part
(2) facilitate the detection procesinvestigation orders referred to in Section 2 of Chapter II, by:
Amendment 455 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point a
Article 43 – paragraph 1 – point 2 – point a
Amendment 456 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point b
Article 43 – paragraph 1 – point 2 – point b
(b) maintaining and operating the databases of indicators referred to in Article 44;of known child sexual abuse material
Amendment 457 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point c
Article 43 – paragraph 1 – point 2 – point c
(c) giving providers of hosting services and providers of interpersonal communications services that received a detecn investigation order access to the relevant databases of indicators in accordance with Article 46;
Amendment 458 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 2 – point d
Article 43 – paragraph 1 – point 2 – point d
(d) making technologies available to providers for the execution of detecinvestigation orders issued to them, in accordance with Article 50(1);
Amendment 459 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point b
Article 43 – paragraph 1 – point 4 – point b
Amendment 460 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 4 – point c
Article 43 – paragraph 1 – point 4 – point c
Amendment 462 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – introductory part
Article 43 – paragraph 1 – point 5 – introductory part
(5) support the Coordinating Authorities and the Commission in the performance of their tasks under this Regulation and facilitate the exchange of best practices, cooperation, coordination and communication in connection to matters covered by this Regulation, by:
Amendment 463 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 5 – point f
Article 43 – paragraph 1 – point 5 – point f
(f) providing information to Coordinating Authorities, upon their request or on its own initiative, relevant for the performance of their tasks under this Regulation, including by informing the Coordinating Authority of establishment of potential infringements identified in the performance of the EU CentreAgency’s other tasks;
Amendment 465 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – introductory part
Article 43 – paragraph 1 – point 6 – introductory part
(6) facilitate the generation and sharing of knowledge and best practices with other Union institutions, bodies, offices and agencies, Coordinating Authorities or other relevant authorities of the Member States to contribute to the achievement of the objective of this Regulation, by:
Amendment 467 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point a
Article 43 – paragraph 1 – point 6 – point a
(a) collecting, recording, analysing and providing gender and age disaggregated data and information, providing analysis based on anonymised and non-personal data gathering, and providing expertise on matters regarding the prevention and combating of online child sexual abuse and victim support, in accordance with Article 51;
Amendment 469 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – point 6 – point b
Article 43 – paragraph 1 – point 6 – point b
(b) supporting the development and dissemination of gender-responsive research and expertise on those matters and on gender and age sensitive assistance to victims, including by serving as a hub of expertise to support evidence-based policy and by linking researchers to practitioners;
Amendment 476 #
2022/0155(COD)
Proposal for a regulation
Article 43 – paragraph 1 – subparagraph 1 (new)
Article 43 – paragraph 1 – subparagraph 1 (new)
(7) refer victims to the appropriate bodies and services for relevant victim support and assistance according to their needs. (8) set up a public anonymous reporting service for reports concerning child sexual abuse material for all persons in the Union
Amendment 479 #
2022/0155(COD)
The EU CentreAgency shall make available technologies that providers of hosting services and providers of interpersonal communications services may acquire, install and operate, free of charge, where relevant subject to reasonable licensing conditions, to execute detecinvestigation orders in accordance with Article 10(1).
Amendment 480 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 2
Article 50 – paragraph 1 – subparagraph 2
To that aim, the EU CentreAgency shall compile lists of such technologies, having regard to the requirements of this Regulation and in particular those of Article 10(2).
Amendment 481 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 1 – subparagraph 3
Article 50 – paragraph 1 – subparagraph 3
Before including specific technologies on those lists, the EU Centre shallAgency shall conduct a holistic human rights impact assessment on those technologies by requesting the opinion of its Technology Committee and of the European Data Protection Board. The Technology Committee and the European Data Protection Board shall deliver their respective opinions within eight weeks. That of the request by the EU agency. The EU Agency shall ensure all needed information is made available in order to form a balanced opinion and conduct the human rights impact assessment. This period may be extended by a further six weeks where necessary, taking into account the complexity of the subject matter. The Technology Committee and the European Data Protection Board shall inform the EU CentreAgency of any such extension within one month of receipt of the request for consultation, together with the reasons for the delay. This process must be repeated on a yearly basis.
Amendment 482 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 2 – introductory part
Article 50 – paragraph 2 – introductory part
2. The EU CentreAgency shall collect, record, analyse andggregate, analyse and proactively make available relevant, objective, reliable and comparable gender and age disaggregated data and information on matters related to the prevention and combating of child sexual abuse, to relevant bodies, Member States, EU institutions and relevant civil society organisations and research institutes in particular:
Amendment 485 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point a
Article 50 – paragraph 2 – point a
(a) information obtained in the performance of its tasks under this Regulation concerning detection, reporting, removal or disabling of access to, and blocking of online child sexual abuse;
Amendment 486 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 2 – point c
Article 50 – paragraph 2 – point c
(c) information resulting from research or other activities conducted by Member States’ authorities, other Union institutions, bodies, offices and agencies, the competent authorities of third countries, international organisations, research centres and civil society organisations including hotlines.
Amendment 487 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 2 – subparagraph 1 (new)
Article 50 – paragraph 2 – subparagraph 1 (new)
(d) information obtained in the performance of its tasks under this Regulation concerning victim assistance and support
Amendment 489 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 3
Article 50 – paragraph 3
3. Where necessary for the performance of its tasks under this Regulation, the EU CentreAgency shall carry out, participate in or encourage research, surveys and studies, either on its own initiative or, where appropriate and compatible with its priorities and its annual work programme, at the request of the European Parliament, the Council or the CommissMember States, Coordinating Authorities or the EU institution.s
Amendment 490 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 4
Article 50 – paragraph 4
4. The EU CentreAgency shall provide the information referred to in paragraph 2 and the information resulting from the research, surveys and studies referred to in paragraph 3, including its analysis thereof, and its opinions on matters related to the prevention and combating of online child sexual abuse to other Union institutions, bodies, offices and agencies, Coordinating Authorities, other competent authorities including hotlines and other public authorities of the Member States, either on its own initiative or at request of the relevant authority. Where appropriate, the EU CentreAgency shall make such information publicly available.
Amendment 493 #
2022/0155(COD)
Proposal for a regulation
Article 50 – paragraph 5
Article 50 – paragraph 5
5. The EU CentreAgency shall develop a gender and age sensitive communication strategy and promoteexchange in dialogue with civil society organisations, hotlines and providers of hosting or interpersonal communication services and other relevant stakeholders to raise public awareness of online child sexual abuse, specifically online and measures to prevent and combat such abuse and victim support.
Amendment 494 #
2022/0155(COD)
Proposal for a regulation
Article 54 – paragraph 1
Article 54 – paragraph 1
1. Where necessary for the performance of its tasks under this Regulation, the EU Centre mayAgency shall cooperate with organisations and networks with information and expertise on matters related to the prevention and combating of online child sexual abuse and victim support, including civil society organisations and hotlines and semi-public organisations.
Amendment 496 #
2022/0155(COD)
Proposal for a regulation
Article 54 – paragraph 2
Article 54 – paragraph 2
2. The EU Centre may conclude memoranda of understandingAgency shall conclude operational cooperation agreements with organisations referred to in paragraph 1, laying down the terms of cooperation.
Amendment 497 #
2022/0155(COD)
Proposal for a regulation
Article 55 – paragraph 1 – introductory part
Article 55 – paragraph 1 – introductory part
The administrative and management structure of the EU CentreAgency shall comprise:
Amendment 498 #
2022/0155(COD)
Proposal for a regulation
Article 55 – paragraph 1 – subparagraph 1 (new)
Article 55 – paragraph 1 – subparagraph 1 (new)
(f) a Survivors’ Advisory Board which shall exercise the tasks set out in Article 66b.
Amendment 500 #
2022/0155(COD)
Proposal for a regulation
Article 56 – paragraph 1
Article 56 – paragraph 1
1. The Management Board shall be composed of one representative from each Member State and twoone representatives of the Commission and one representative of the European Parliament and shall be gender-balanced, all as members with voting rights.
Amendment 501 #
2022/0155(COD)
Proposal for a regulation
Article 56 – paragraph 1 – subparagraph 1 (new)
Article 56 – paragraph 1 – subparagraph 1 (new)
Amendment 503 #
2022/0155(COD)
Proposal for a regulation
Article 56 – paragraph 2 – subparagraph 1
Article 56 – paragraph 2 – subparagraph 1
Amendment 505 #
2022/0155(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Each member of the Management Board shall have an alternate. The alternate shall represent the member in his/their absence.
Amendment 506 #
2022/0155(COD)
Proposal for a regulation
Article 56 – paragraph 3 a (new)
Article 56 – paragraph 3 a (new)
3a. The Chair and the Deputy Chair of the Management Board shall be elected by all representatives with a simple majority with a term of four years, with one possible re-election for another term.
Amendment 507 #
2022/0155(COD)
Proposal for a regulation
Article 56 – paragraph 4
Article 56 – paragraph 4
4. Members of the Management Board and their alternates shall be appointed in the light of their knowledgproven expertise in the field of preventing and combating child sexual abuse and victim support, taking into account relevant managerial, administrative and budgetary skills. Member States shall appoint a representative of their Coordinating Authority, within four months of [date of entry into force of this Regulation]. All parties represented in the Management Board shall make efforts to limit turnover of their representatives, in order to ensure continuity of its work. All parties shall aim to achieve a balanced representation between men and women on the Management Boardof society regarding their representatives in terms of gender, age, ethnic origin and socio-economic background if candidates wish to disclose so.
Amendment 509 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point a
Article 57 – paragraph 1 – point a
(a) give the general orientations for the EU CentreAgency's activities;
Amendment 510 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point c
Article 57 – paragraph 1 – point c
(c) adopt transparency rules for the prevention and management of conflicts of interest in respect of its members, as well as for the members of the Technological Committee and of any other advisory group it may establishthe Survivors Advisory Board and publish annually on its website the declaration of interests of the members of the Management Board, Technological Committee and the Survivors Advisory Board;
Amendment 512 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point f
Article 57 – paragraph 1 – point f
(f) appoint the members of the Technology Committee, and of any other advisory group it may establish;the Survivors Advisory Board
Amendment 513 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – point g
Article 57 – paragraph 1 – point g
Amendment 514 #
2022/0155(COD)
Proposal for a regulation
Article 57 – paragraph 1 – subparagraph 1 (new)
Article 57 – paragraph 1 – subparagraph 1 (new)
(i) consult the Survivors’ Advisory Board as regards the obligations referred to in points (a), and (h) of this Article.
Amendment 516 #
2022/0155(COD)
Proposal for a regulation
Article 61 – paragraph 1 – subparagraph 1
Article 61 – paragraph 1 – subparagraph 1
The Executive Board shall be composed of the Chairperson and the Deputy Chairperson of the Management Board, two other members appointed by the Management Board from among its members with the right to vote and twoone representatives of the Commission to the Management Boarand the European Parliament respectively to the Management Board. The Executive board shall be gender-balanced. The Chairperson of the Management Board shall also be the Chairperson of the Executive Board.
Amendment 517 #
2022/0155(COD)
Proposal for a regulation
Article 61 – paragraph 2
Article 61 – paragraph 2
2. The term of office of members of the Executive Board shall be four years. In the course of the 12 months preceding the end of the four-year term of office of the Chairperson and five members of the Executive Board, the Management Board or a smaller committee selected among Management Board members including a Commission representative shall carry out an assessment of performance of the Executive Board. The assessment shall take into account an evaluation of the Executive Board members’ performance and the EU CentreAgency’s future tasks and challenges. Based on the assessment, the Management Board may extend their term of office once.
Amendment 518 #
2022/0155(COD)
Proposal for a regulation
Article 64 – paragraph 4 – point e a (new)
Article 64 – paragraph 4 – point e a (new)
(ea) implementing gender mainstreaming and gender budgeting in all areas, including drafting a gender action plan (GAP).
Amendment 519 #
2022/0155(COD)
Proposal for a regulation
Article 64 – paragraph 4 – point f
Article 64 – paragraph 4 – point f
(f) preparing the Consolidated Annual Activity Report (CAAR) on the EU Centre’s activitiesAgency’s activities , including the activities of the Technology Committee and the Survivors’ Advisory Board and presenting it to the Executive Board for assessment and adoption;
Amendment 520 #
2022/0155(COD)
Proposal for a regulation
Article 64 – paragraph 4 – point g
Article 64 – paragraph 4 – point g
(g) preparing an action plan following- up conclusions of internal or external audit reports and evaluations, as well as investigations by the European Anti-Fraud Office (OLAF) and by the European Public Prosecutor’s Office (EPPO) and reporting on progress twice a year to the Commission and the European Parliament and regularly to the Management Board and the Executive Board;
Amendment 522 #
2022/0155(COD)
Proposal for a regulation
Article 66 – paragraph 1
Article 66 – paragraph 1
1. The Technology Committee shall consist of technical and online sexual abuse material experts appointed by the Management Board in view of their excellence and their independence from corporate interests, following the publication of a call for expressions of interest in the Official Journal of the European Union. Its members shall be appointed for a term of four years, renewable once. On the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. If a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remainder of the term by a member appointed by the Management Board. The Members shall be gender- balanced in its composition.
Amendment 525 #
2022/0155(COD)
Proposal for a regulation
Article 66 – paragraph 4
Article 66 – paragraph 4
4. When a member no longer meets the criteria of independence, he or she shall inform the Management Board. Alternatively, the Management Board may declare, on a proposal of at least one third of its members or of the Commission, a lack of independence and revoke appointment of the person concerned. The Management Board shall appoint a new member for the remaining term of office in accordance with the procedure for ordinary members.
Amendment 526 #
2022/0155(COD)
Proposal for a regulation
Article 66 a (new)
Article 66 a (new)
Amendment 528 #
2022/0155(COD)
Proposal for a regulation
Article 67 – paragraph 1
Article 67 – paragraph 1
1. Each year the Executive Director shall draw up a draft statement of estimates of the EU CentreAgency’s revenue and expenditure for the following financial year, including an establishment plan, and shall gender analysis and shall use gender mainstreaming and gender budgeting and send it to the Executive Board.
Amendment 530 #
2022/0155(COD)
4. The EU CentreAgency’s expenditure shall include staff remuneration, administrative and infrastructure expenses, and operating costs including fair remuneration of members of the Management Board, Technology Committee and the Survivor’s Advisory Board.
Amendment 531 #
2022/0155(COD)
Proposal for a regulation
Article 69 – paragraph 5 a (new)
Article 69 – paragraph 5 a (new)
5a. The budget shall comply with the principle of gender mainstreaming and the practise of gender budgeting shall be implemented.
Amendment 532 #
2022/0155(COD)
Proposal for a regulation
Article 71 – paragraph 2
Article 71 – paragraph 2
2. The Executive Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations. and shall ensure that the hiring of staff takes into account results from an employment background check, sufficient skills and experience and gender-balance and diversity
Amendment 533 #
2022/0155(COD)
Proposal for a regulation
Article 71 – paragraph 3
Article 71 – paragraph 3
3. The EU CentreAgency staff, in particular those working in areas related to detecinvestigation,, reporting and removal of online child sexual abuse, shall have access to appropriate training, counselling and support services or will be met in other physical or socio-psychological needs.
Amendment 534 #
2022/0155(COD)
Proposal for a regulation
Article 72 – paragraph 1
Article 72 – paragraph 1
1. The EU CentreAgency may make use of seconded national experts or other staff not employed by it, while taking into consideration gender-balance.
Amendment 3 #
2021/2213(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the multiplication of crises such as the global consequences of the climate change, the COVID-19 pandemic and the Russian war of aggression against Ukraine, which worsened food crisis in the world, call for the forging of stronger alliances and more effective partnerships which deliver tangible results in order to better address emerging needs and global challenges;
Amendment 3 #
2021/2213(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the multiplication of crises such as the global consequences of the climate change, the COVID-19 pandemic and the Russian war of aggression against Ukraine, which worsened food crisis in the world, call for the forging of stronger alliances and more effective partnerships which deliver tangible results in order to better address emerging needs and global challenges;
Amendment 9 #
2021/2213(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Global Gateway strategy aims to increase the EU’s geopolitical influence in the global arena by providing a value-based offer to the partner countries, within the framework offocus on the EU’s geopolitical objectives should not imply diversion from the UN 2030 Agenda for Sustainable Development and its SDGs;
Amendment 9 #
2021/2213(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the Global Gateway strategy aims to increase the EU’s geopolitical influence in the global arena by providing a value-based offer to the partner countries, within the framework offocus on the EU’s geopolitical objectives should not imply diversion from the UN 2030 Agenda for Sustainable Development and its SDGs;
Amendment 13 #
2021/2213(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Call for the swift and comprehensive implementation of the agreement, as there is an urgent need to strengthen multilateral cooperation in the face of growing geopolitical instability and competition and unprecedented global challenges, such as addressing climate change and biodiversity loss, fighting against hunger and for food sovereignty and eradicating poverty ;
Amendment 13 #
2021/2213(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Call for the swift and comprehensive implementation of the agreement, as there is an urgent need to strengthen multilateral cooperation in the face of growing geopolitical instability and competition and unprecedented global challenges, such as addressing climate change and biodiversity loss, fighting against hunger and for food sovereignty and eradicating poverty ;
Amendment 22 #
2021/2213(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates the importance of political dialogue as an integral part of the partnership; stresses that political dialogue is based on a level of full equality between countries, without imposing unilateral alignment with the positions of the EU on external policies;
Amendment 22 #
2021/2213(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reiterates the importance of political dialogue as an integral part of the partnership; stresses that political dialogue is based on a level of full equality between countries, without imposing unilateral alignment with the positions of the EU on external policies;
Amendment 31 #
2021/2213(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the commitment to protect, promote and fulfil human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance; further welcomes the commitment to promote universal human rights without discrimination based on any grounds; regrets, however, the fact that the agreement fails to mention explicitly that discrimination could be based on sexual orientation or gender identity;
Amendment 31 #
2021/2213(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the commitment to protect, promote and fulfil human rights, fundamental freedoms and democratic principles and to strengthen the rule of law and good governance; further welcomes the commitment to promote universal human rights without discrimination based on any grounds; regrets, however, the fact that the agreement fails to mention explicitly that discrimination could be based on sexual orientation or gender identity;
Amendment 38 #
2021/2213(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the swift operationalisation of the ‘EU Global Health Strategy’ in ACP countries; recalls that the Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries to use the flexibility provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to protect public health and, in particular, provide access to medicines for all; urges the EU to support third countries, in particular LDCs, in the effective implementation of flexibilities for the protection of public health provided for in TRIPs agreements, such as compulsory licencing and parallel import, in order to remedy abusive use of IP protections that lead to monopolistic positions of patent holders; recalls that ecological restoration is critical for the implementation of the ‘One Health’ approach;
Amendment 38 #
2021/2213(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Calls for the swift operationalisation of the ‘EU Global Health Strategy’ in ACP countries; recalls that the Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries to use the flexibility provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights to protect public health and, in particular, provide access to medicines for all; urges the EU to support third countries, in particular LDCs, in the effective implementation of flexibilities for the protection of public health provided for in TRIPs agreements, such as compulsory licencing and parallel import, in order to remedy abusive use of IP protections that lead to monopolistic positions of patent holders; recalls that ecological restoration is critical for the implementation of the ‘One Health’ approach;
Amendment 42 #
2021/2213(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that particular attention should be paid to the provisions on food security and improved nutrition, given the global rise in food insecurity, malnutrition and hunger; is worried with the high dependence of African states on food imports from the EU, particularly subsidised products that represent harmful competition for small-scale local agriculture and calls on the EU to put an end to these export subsidies, in line with its Policy Coherence for Development commitments; stresses the necessity to securing access to land for smallholder farmers who have a crucial role in protecting natural resources and making the agro-ecological transition;
Amendment 42 #
2021/2213(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that particular attention should be paid to the provisions on food security and improved nutrition, given the global rise in food insecurity, malnutrition and hunger; is worried with the high dependence of African states on food imports from the EU, particularly subsidised products that represent harmful competition for small-scale local agriculture and calls on the EU to put an end to these export subsidies, in line with its Policy Coherence for Development commitments; stresses the necessity to securing access to land for smallholder farmers who have a crucial role in protecting natural resources and making the agro-ecological transition;
Amendment 48 #
2021/2213(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that gender equality and women’s economic empowerment are recognised as key drivers for sustainable development; supports the commitments to sexual and reproductive health and rights (SRHR) and must be mainstreamed throughout the implementation of the Samoa Agreement; supports the commitments to sexual and reproductive health and rights (SRHR) for all people, especially girls and young women; calls for the EU institutions to speed up the implementation of the Gender Action Plan III in ACP countries;
Amendment 48 #
2021/2213(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the fact that gender equality and women’s economic empowerment are recognised as key drivers for sustainable development; supports the commitments to sexual and reproductive health and rights (SRHR) and must be mainstreamed throughout the implementation of the Samoa Agreement; supports the commitments to sexual and reproductive health and rights (SRHR) for all people, especially girls and young women; calls for the EU institutions to speed up the implementation of the Gender Action Plan III in ACP countries;
Amendment 54 #
2021/2213(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Supports the objective to mobilise investment, and support trade and foster private sector development, with a view to achieving sustainable and inclusive growth and creating decent jobs for all; stresses, in this context, that a strong link will have to be established between the agreement and the Global Gateway initiativeblended finance, promoted by the EU in the Global Gateway initiative must be excluded from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services;
Amendment 54 #
2021/2213(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Supports the objective to mobilise investment, and support trade and foster private sector development, with a view to achieving sustainable and inclusive growth and creating decent jobs for all; stresses, in this context, that a strong link will have to be established between the agreement and the Global Gateway initiativeblended finance, promoted by the EU in the Global Gateway initiative must be excluded from essential public services, particularly health, education and social protection, as the monetisation of those sectors could widen already existing inequalities and jeopardise the universal access to those services;
Amendment 58 #
2021/2213(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the Samoa Agreement can contribute to theshall ensure that trade and investment policy objectives of the EU and OCAPS countriesrespect the EU ’s Policy Coherence for Development legal obligations and take full account of OCAPS countries needs; reiterates its request for an in-depth analysis of the impact of EPAs on local economies, regional integration, economic diversification and their compliance with the SDGs and the principle of Policy Coherence for Development;
Amendment 58 #
2021/2213(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Is of the opinion that the Samoa Agreement can contribute to theshall ensure that trade and investment policy objectives of the EU and OCAPS countriesrespect the EU ’s Policy Coherence for Development legal obligations and take full account of OCAPS countries needs; reiterates its request for an in-depth analysis of the impact of EPAs on local economies, regional integration, economic diversification and their compliance with the SDGs and the principle of Policy Coherence for Development;
Amendment 62 #
2021/2213(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the commitment to cooperate in order to strengthen energy security and increase access to energy in ACP countries and calls to be in line with the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs), the Paris Agreement and the right of local communities and indigenous peoples of free, prior, and informed consent;
Amendment 62 #
2021/2213(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the commitment to cooperate in order to strengthen energy security and increase access to energy in ACP countries and calls to be in line with the UN 2030 Agenda for Sustainable Development and the Sustainable Development Goals (SDGs), the Paris Agreement and the right of local communities and indigenous peoples of free, prior, and informed consent;
Amendment 66 #
2021/2213(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the urgency of tackling global environmental challenges and of focusing on the effective implementation of the Paris Agreement on Climate Change, especially by strengthening cooperation on resilience in the face of natural disasters and adaptation to climate change and contributing to the Loss and Damage Fund; highlights the conclusions of the IPCC 2022 report according to which global warming will progressively weaken soil health and ecosystem services, undermining food productivity in many regions on land and in the oceans;
Amendment 66 #
2021/2213(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses the urgency of tackling global environmental challenges and of focusing on the effective implementation of the Paris Agreement on Climate Change, especially by strengthening cooperation on resilience in the face of natural disasters and adaptation to climate change and contributing to the Loss and Damage Fund; highlights the conclusions of the IPCC 2022 report according to which global warming will progressively weaken soil health and ecosystem services, undermining food productivity in many regions on land and in the oceans;
Amendment 71 #
2021/2213(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls for an integrated approach to conflicts and crisis linking humanitarian, development, peace and security efforts at all stages of a conflict cycle; insists to address human security more holistically and to include all economic, social, environmental and political factors in conflict analysis;
Amendment 71 #
2021/2213(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19 a. Calls for an integrated approach to conflicts and crisis linking humanitarian, development, peace and security efforts at all stages of a conflict cycle; insists to address human security more holistically and to include all economic, social, environmental and political factors in conflict analysis;
Amendment 75 #
2021/2213(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the need to enhance cooperation on migration and mobility, including addressing the root causes of irregular migration and forced displacements, as well as; calls to prioritise actions intended to facilitate legal pathways for migration, reduce the costs of remittance, develop measures against racism and xenophobia, improve the comparability of all qualifications, address the nexus between migration, climate change and environmental degradation, and integrate a gender-equality dimension into migration governance; reiterates that making aid allocation conditional on cooperation with the EU on migration issues is not compatible with agreed development effectiveness principles;
Amendment 75 #
2021/2213(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Recognises the need to enhance cooperation on migration and mobility, including addressing the root causes of irregular migration and forced displacements, as well as; calls to prioritise actions intended to facilitate legal pathways for migration, reduce the costs of remittance, develop measures against racism and xenophobia, improve the comparability of all qualifications, address the nexus between migration, climate change and environmental degradation, and integrate a gender-equality dimension into migration governance; reiterates that making aid allocation conditional on cooperation with the EU on migration issues is not compatible with agreed development effectiveness principles;
Amendment 86 #
2021/2213(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the importance of ensuring development effectiveness and results; believes that the implementation of the agreement requires substantial and sustainable mobilisation of financial resources; welcomes, therefore, the recognition that the means of cooperation should be diversified, encompassing a range of policies and instruments from all available sources and actors; recalls that according to various studies, there is very weak evidence of the development impacts of blending mechanisms, which are pointing out for their lack of transparency and accountability;
Amendment 86 #
2021/2213(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the importance of ensuring development effectiveness and results; believes that the implementation of the agreement requires substantial and sustainable mobilisation of financial resources; welcomes, therefore, the recognition that the means of cooperation should be diversified, encompassing a range of policies and instruments from all available sources and actors; recalls that according to various studies, there is very weak evidence of the development impacts of blending mechanisms, which are pointing out for their lack of transparency and accountability;
Amendment 97 #
2021/2213(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the commitment to promote a multi-stakeholder approach, enabling the active engagement of a wide variety of actors, including parliaments, local authorities, civil society and the private sector, women and youth; calls for this commitment to be rapidly translated into practice, which will necessitate the creation of an open and transparent mechanism for structured consultation in order to ensure the effective participation of stakeholdea civil society systematic participation through structured dialogue and consultation with EU and OACPS countries civil society actors;
Amendment 97 #
2021/2213(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes the commitment to promote a multi-stakeholder approach, enabling the active engagement of a wide variety of actors, including parliaments, local authorities, civil society and the private sector, women and youth; calls for this commitment to be rapidly translated into practice, which will necessitate the creation of an open and transparent mechanism for structured consultation in order to ensure the effective participation of stakeholdea civil society systematic participation through structured dialogue and consultation with EU and OACPS countries civil society actors;
Amendment 1 #
2021/2178(INI)
Draft opinion
Paragraph -1 (new)
Paragraph -1 (new)
-1. Whereas African economies remain by and large heavily concentrated on natural resources-based products and commodities;
Amendment 4 #
2021/2178(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Welcomes the positive shiftchange in EU- Africa relations towards a partnership on an equal footing, allowing both sides to pursue their own interests but also to identify common areas of cooperation; stresses that free, fair, and sustainable trade facilitates inclusive economic growth and, sustainable development, and contributes to poverty reduction; highlights, in this regard, highlights the importance of the new pPartnership aAgreement between the EU and the members of the Organisation of African, Caribbean and Pacific States, the upcoming summitneed to ensure coherence between theits African Union and the EU, and Protocol and the upcoming AU-EU Summit, as well as innovative initiatives such as the EU mMulti- stakeholder dDialogue for sSustainable cocoaCocoa; in this respect, calls on the EU to actively support policies to develop cocoa processing at the local, national and regional level;
Amendment 10 #
2021/2178(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that the Covid-19 pandemic highlighted the vulnerability of the global supply chain, while giving a new impetus to the need to build regional markets in Africa, fostering intra-African trade, investment and value chains, for greater economic autonomy of the continent;
Amendment 16 #
2021/2178(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the EU to actively support the new African Continental Free Trade Area (AfCFTA), which presents a major opportunity for African countries to boost inclusive growth, enable sustainable development, and reduce poverty and improve living standards; notes that the AfCFTA pavrovides the way for aability to fundamentally transformation of the continent’s development prospects; takes the view that EU support to the African Continental Free Trade Area (AfCFTA) be parallel to the development of regulative frameworks, to prevent a “race to the bottom” of social and environmental norms resulting from the removal of trade barriers;
Amendment 22 #
2021/2178(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls the statement of the UN Economic Commission for Africa indicating that it believes the economic partnership agreements between the EU and African countries could have negative consequences for intra-African trade; points out that none of the EPAs in place today correspond to the existing 8 Regional Economic Communities (RECs) in Africa, thereby undermining their integration dynamics; stresses that a partnership of equals entails to take into account the concerns of African countries in terms of economic diversification, industrialisation, loss of government revenues and regional integration;
Amendment 26 #
2021/2178(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Urges the EU to acknowledge diverging views on EPAs, to find concrete solutions to respond to African countries concerns and to refrain from launching or broadening EPA negotiations, including through the “rendez-vous” clauses unless ACP countries proactively make such demand; more broadly, reiterates its request to have an in-depth analysis on the impact of EPAs, and its compliance with the SDGs and the principle of Policy Coherence for Development;
Amendment 30 #
2021/2178(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Emphasises that eEconomic pPartnership aAgreements (EPAs) need to support the various regional trade communities in Africa and the further development of the AfCFTA, and contribute to the building of resilient, and sustainable local and regional value chains, and help to boosting and diversifying intra- African trade; calls for chapters ensuring consistunderlines that the interim EPAs do not have a specific trade and sustainable development chapter; and accordingly, calls for the systematic and consistent inclusion and implementation of Trade and Sustainable Development chapters on human rights, labour and environmental standards in all currently negotiated and future EPAs, ensuring coherencye with development needs and policies and the UN sustainable development goals to always be included and implSDGs, especially with regard to their impact on deforestation, climate change and biodiversity loss and the ILO Decent work agenda; in addition, stresses the importance of including the objective of combating forced labour and child labour in TSD chapters of Union trade agreementeds;
Amendment 42 #
2021/2178(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the reform of the EU Generalised Scheme of Preferences (GSP) as one of the EU’s key trade instruments for supporting developing countries in their efforts to promote sustainable development and economic diversification, reduce poverty and ensure respect for human rights; welcomes, in particular, the aim to facilitate increased economic growth and job creation in developing countries on the African continent; stresses that enhanced social and environmental conditionality to benefit from preferential trade preferences should be embedded into the technical and financial assistance projects under the NDICI-Global Europe instrument. targeting notably those benefiting from the special arrangements given their vulnerability and lack of economic diversification; calls on the EU to make sure that European tTrade policy does not contradict efforts byfrom African partners to establish viable economic structures.; calls, accordingly, for the removal of the provisions in the GSP Regulation which are linked to EU interests only, namely those conditionalities linked to migration and access to raw materials; recalls that the GSP regime should support the regional integration process of the African continent;
Amendment 53 #
2021/2178(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Recalls that the Addis Ababa Action Agenda (AAAA) on financing for development highlighted the need to mobilise more domestic resources for achieving SDGs; recalls that one of the main objectives for African countries is to climb up the global value chain through economic diversification; but recalls that commodity dependence remains one of the main development challenges for poorer African economies, which failed by and large to diversify their export;
Amendment 55 #
2021/2178(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
Amendment 58 #
2021/2178(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Stresses the key role attributed to the EU External Investment Plan (EIP), and notably the European Fund for Sustainable Development as its first pillar, for shaping EU trade and investment policy towards Africa, in parallel with the EPAs; recalls its emphasis put on improving the investment climate in partner countries; stresses that the EU’s commitment to boost private sector investment for achieving the SDGs shall be tantamount to the definition of mandatory human rights, social rights and environmental due diligence obligations, based on the UN Guiding Principles on Business and Human rights, which shall apply to the whole value chain and include provisions on access to justice;
Amendment 62 #
2021/2178(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Urges the EU to better anchor its trade and investment engagement with Africa on African priorities and initiatives, notably the AU’s Agenda 2063 and the African Continental Free Trade Agreement, and supporting African institutions and trade stakeholders; more broadly, calls on the EU to fully commit to the principle of Policy Coherence for Development, especially in a context where the design of the EU External Investment Plan results in integrating EU aid with EU trade interests and private sector promotion to support geostrategic ambitions;
Amendment 65 #
2021/2178(INI)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
Amendment 68 #
2021/2178(INI)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Stresses the need to shift the focus away from a system that prioritizes investor protection to one that emphasizes the advancement of national and global development goals through sustainable investment;
Amendment 70 #
2021/2178(INI)
Draft opinion
Paragraph 4 g (new)
Paragraph 4 g (new)
4 g. Urges the EU to review its investment treaties, to ensure a fair balance between rights and obligations for investors to respect human rights, the environment, and refrain from illegal action, such as corruption and fraud; stresses the need to include obligations on home states to support sustainable investment and allow victims to seek justice in the home state of the investor;
Amendment 72 #
2021/2178(INI)
Draft opinion
Paragraph 4 h (new)
Paragraph 4 h (new)
4 h. Calls on the Commission to promote sustainable investments to advance towards a carbon-free economy, in line with its pledge in the Glasgow Climate Pact, while ensuring a responsible and sustainable sourcing and management of natural resources and raw materials, as well as sustainable waste management in line with its Green Deal objectives;
Amendment 73 #
2021/2178(INI)
Draft opinion
Paragraph 4 i (new)
Paragraph 4 i (new)
4 i. Encourages African countries, at a time when UNICA reports that many of the investments treaties concluded in the 1990s-early 2000s have recently expired or are about to expire, to review and reform its investment and double taxation treaties according to their development needs; to this effect, believes that the African Continental Free Trade Area and the ongoing regional integration efforts provide a good opportunity to rebalance the international investment regime so that it becomes responsible, equitable and conducive to sustainable development;
Amendment 76 #
2021/2178(INI)
Draft opinion
Paragraph 4 j (new)
Paragraph 4 j (new)
4 j. Underlines that the disruptions triggered by COVID-19 have shone a spotlight on the vulnerabilities of the global food system; urges the Commission to develop a strategy to gradually shift away from trade-oriented agricultural policies to local and regional markets, which hold major potential to address current food system failures;
Amendment 77 #
2021/2178(INI)
Draft opinion
Paragraph 4 k (new)
Paragraph 4 k (new)
4 k. Is worried about the high dependence of African states on food imports from the EU, particularly subsidised products that represent harmful competition for small-scale local agriculture; calls on the EU to ensure that its trade and investment policy respects inter alia the 2018 UN Declaration on the Rights of Peasants and Other People Working in Rural Areas; the FAO Voluntary Guidelines of Tenure, Land and Forests and for Securing Sustainable Small Scale Fisheries, the UN Declaration on the Rights of Indigenous Peoples, and Free, Prior and Informed Consent, as set out in the ILO Convention 169;
Amendment 79 #
2021/2178(INI)
Draft opinion
Paragraph 4 l (new)
Paragraph 4 l (new)
4 l. Underlines the trade-related impact of the digitisation of economic activities and its associated trade-in- services dynamics; reminds that African countries need to preserve and expand their policy space to undertake digital industrialisation; urges the EU to take on board African priorities and to refrain from negotiating digital clauses in investment agreements that would restrict their ability to regulate, redistribute the profits, improve their public services or hinder their local technological development strategy;
Amendment 6 #
2021/2163(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the UNSC Resolution 2286 on the protection of medical missions,
Amendment 19 #
2021/2163(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the COVID-19 pandemic has exacerbated existing fragilities and inequalities, amplified humanitarian needs – notably a sharp increase in hunger and lack of food supply, with almost 300 million people at risk of becoming acutely food insecure and over 40 million facing emergency levels of food insecurity – and hampered the humanitarian response owing to border closures and other restrictions such as those attempted by parties to armed conflicts;
Amendment 21 #
2021/2163(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas in 2018, approximately 108 million people required international humanitarian assistance as a result of storms, floods, droughts and wildfires, whereas by 2050, over 200 million people could need humanitarian assistance every year as a result of climate-related disasters and the socioeconomic impact of climate change;
Amendment 22 #
2021/2163(INI)
Motion for a resolution
Recital B b (new)
Recital B b (new)
Bb. whereas women and girls are the hardest hit by emergencies. whereas adolescent girls in conflict zones are 90% more likely to be out of school, 70 % of women in humanitarian settings are more likely to experience Gender-Based Violence and as women represent more than 70% of people facing chronic hunger;
Amendment 25 #
2021/2163(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the EU Humanitarian Air Bridge, which was set up in response to the transport constraints caused by the pandemic, has greatly helped to plug critical gaps in the humanitarian response by facilitating the transport of aid, emergency assistance and humanitarian staff;
Amendment 39 #
2021/2163(INI)
Motion for a resolution
Recital G
Recital G
G. whereas this funding gap makes it imperative to improve the efficiency and effectiveness of the humanitarian system and to ensure that more countries contribute to the humanitarian effort so that aid meets the needs of the populations affected, as highlighted most recently by Grand Bargain 2.0, which focuses on localisation and quality financing as key enabling priorities;
Amendment 49 #
2021/2163(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the Commission proposes to launch a pilot project on blending to significantly increase the resource base for humanitarian action and thus calls for further involvement of the private sector;
Amendment 52 #
2021/2163(INI)
Motion for a resolution
Recital H b (new)
Recital H b (new)
Hb. whereas consortium organisation is encouraged by donors in development cooperation and humanitarian aid; whereas, compared to other modalities, it is characterised by an often larger scale of objectives and means made available;
Amendment 56 #
2021/2163(INI)
Motion for a resolution
Recital I
Recital I
I. whereas addressing humanitarian crises requires not only more funding but also decisive political efforts to reduce needs by preventing and ending conflicts, countering climate change protecting basic human rights, promoting sustainable development and reducing risks and vulnerabilities;
Amendment 61 #
2021/2163(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas attacks against humanitarian personnel have dramatically increased in recent years;
Amendment 65 #
2021/2163(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission communication on the EU’s humanitarian action: new challenges, same principles and its concrete proposals to improve the provision of humanitarian aid, and calls for the swift implementation of these proposals in close consultation and cooperation with humanitarian partners – especially NGOs and frontline responders; reiterates that in accordance with the European Consensus, the EU’s humanitarian aid must always be provided solely on the basis of need, must be fully in line with the humanitarian principles of humanity, neutrality, impartiality and independence, and must pay particular attention to vulnerable groups;
Amendment 77 #
2021/2163(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Calls for the EU to provide a robust annual budget for EU humanitarian aid to guarantee timely, predictable and flexible funding for humanitarian aid from the start of each financial year and to keep a ring-fenced envelope within the Solidarity and Emergency Aid Reserve (SEAR) for humanitarian crises outside the Union and maintaining the existing capacity to rapidly mobilise additional funds in the case of emerging, escalating or sudden onset emergencies;
Amendment 79 #
2021/2163(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Calls for an expansion of the circle of donor countries which contribute to humanitarian aid on a voluntary basis, to include the 100 countries that the World Bank identifies as high-income and richest countries in the world amounting to a gross national income (GNI) of $80 trillion in 2018; underlines that a contribution of these countries counting for 0.03% of their GNI should be compulsory and would allow to raise the $30 billion needed to address international humanitarian crises; stresses that the involvement of new countries would not only solve the question of the volume of aid, but contribute to depoliticising humanitarian aid and making it less exposed to divisions between major state powers as was the case over funding for the WHO during the Covid-19 crisis;
Amendment 80 #
2021/2163(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on modalities for the distribution of the financial envelope for humanitarian aid to be entrusted to an independent body that is non-aligned in conflicts, in particular with regard to the members of the UN Security Council, and composed of representatives of the United Nations, the ICRC and international NGOs;
Amendment 82 #
2021/2163(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is alarmed at the growing number of serious violations of international humanitarian law and calls for the establishment of an EU coordination mechanism in order to develop an EU coherent approach towards international humanitarian law, as well as monitor violations and advocate for ensuring that international humanitarian law is respected, including by using the relevant political, development aid, trade and economic levers in the EU’s external action;
Amendment 85 #
2021/2163(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Is concerned about the risk of instrumentalisation of humanitarian aid via the EU humanitarian-development- peace nexus approach which may imply that the promotion of humanitarian principles and International Humanitarian Law will not necessarily prevail for humanitarian action but be side-lined by joint-up and coherent action between the 3 axes of the nexus in line with policy objectives set by the EU agenda; in this regard, stresses in particular that humanitarian action must urgently be dissociated from the security or stability agendas;
Amendment 89 #
2021/2163(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission and the Member States to closely monitor, notably through existing mechanisms such as the International Humanitarian Fact Finding Commission, and include international humanitarian law violations as a criterion for listing individuals or entities in the relevant EU sanctions regimes; notes that sanctions and restrictive measures must comply with international humanitarian law and must not hinder the provision of humanitarian assistance; underlines the need to consistently include humanitarian excemptions in regimes of restrictive measures and to provide the necessary support and guidance to partners to apply these excemptions effectively; recalls that protracted crises are still humanitarian contexts, and that a substantial part of ‘nexus funding’ is channelled through development envelopes which cannot provide the same flexibility as humanitarian support in the allocation of funding; calls on the EU and its Member States to envisage concrete solutions for effective allocation of funding for partners operating in these contexts;
Amendment 96 #
2021/2163(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Given widespread violations of the right to food during conflicts, the recurring use of starvation as a method of warfare, and denial of humanitarian access, calls on the European Commission and the Member States to strengthen international humanitarian law and vigorously prosecute and sanction those who use starvation as a weapon of war;
Amendment 100 #
2021/2163(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for the EU and its Member States to swiftly fulfil the commitments made at the World Humanitarian Summit and as part of the Grand Bargain; highlights the importance of making humanitarian aid more efficient and effective by increasing multiannual and multi-country fundingflexible funding through unearmarked, softly earmarked, and multi-year funding, and by enhancing harmonisation and simplification of donor proposal and reporting requirements, reducing the administrative burden for humanitarian partners and promoting innovative solutions, among other endeavours;
Amendment 106 #
2021/2163(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Given the concerns over development additionally of blending- guarantee mechanisms as assessed by the European Court of Auditors in the case of EFSD, calls on the Commission and financial institutions, including the EIB, to ensure that all humanitarian operations undertaken through blending are compliant with the external action goals of the EU as defined in Article 21 TEU, including respect and promotion of human rights, eradication of poverty, and the management of environmental risks; calls on the Commission to provide the European Parliament with more information as well as a written assessment on the implementation of the pilot project for blending for humanitarian action, assessing the alignment with external action objectives;
Amendment 109 #
2021/2163(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Insists on the importance to preserve expertise and non interference into the neutrality principle of humanitarian actors; stresses that further engagement with the private sector requires: prior analysis of results achieved so far through this collaboration, and to promote exclusively partnerships which comply with international humanitarian principles, environment, social and human rights standards, and accountability to affected populations;
Amendment 110 #
2021/2163(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Stresses that encouraging consortia is a concern for smaller NGOs which so far are left behind in a process which fits more the capacities of larger organisations; encourages the Commission to report on the advantages and risks of this mode of collaboration on partner country structures, local organisations and small-scale projects, but also for the donor organisations;
Amendment 111 #
2021/2163(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Stresses the particular importance of supporting local actors and urges the Commission to develop a localisation policy outlining how to provide more and better support for local respondents to enable them to make use of all the instruments available; calls on further development of a solid localisation policy, relying further on DG ECHO’s partners’ expertise and experience in strengthening local actors’ capacities as concrete elements for the EU to further implement its Grand Bargain commitments linked to localisation; calls on the Commission to ensure that women’s equal participation and empowerment is integrated explicitly into any new mechanisms to strengthen the role of local actors in humanitarian action;
Amendment 119 #
2021/2163(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Stresses that in the context of the COVID-19 pandemic, localisation allows a health response adapted to the context of developing countries in order to avoid, European biases, particularly with regard to containment protocols and prevention campaigns; calls on the prevalence of an eurocentric perspective over emergency situations to be adequately challenged through further localisation of humanitarian action;
Amendment 125 #
2021/2163(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. NotStresses the challenges posed by climate change and welcomes the commitments to further mainstream climate change impacts and environmental factors into humanitarian action and build resilience of vulnerable communities over climate change; insists on the importance of involving indigenous people and local communities in this process; welcomes also the commitments to strengthen the climate resilience of vulnerable regions through disaster preparedness and anticipatory action via a nexus approach; welcomes, in addition, the commitments to green the EU’s humanitarian aid and track climate- related spending; calls on the Commission to provide the necessary resources for climate change adaptation and disaster risk reduction through the Neighbourhood, Development and International Cooperation Instrument – Global Europe, among other tools, and to accelerate the implementation of the Sendai commitments in the EU’s external action;
Amendment 129 #
2021/2163(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Regrets that the Communication of the Commission on humanitarian action presents the issue of gender equality as a tried and tested principle of humanitarian aid but not as a growing need to address; given the prominent role of women as victims of conflicts and disasters, calls on to assess on past experiences in humanitarian support in this field as well as to more concrete elements of gender mainstreaming in future humanitarian action, including specific expenditure, programmes, tracking and assessment methods oriented towards gender related activities;
Amendment 131 #
2021/2163(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Welcomes the concrete achievements of the EU Humanitarian Air Bridge and the idea of creating a European Humanitarian Response Capacity to plug the gaps in the EU’s humanitarian response; calls for the Member States and humanitarian partners to be consulted on any new Commission initiatives, which should build on – not duplicate – existing EU mechanisms such as the civil protection mechanism; stresses the importance to maintain a clear separation between the civil protection and humanitarian response in humanitarian contexts; is concerned with any considerations about combining the civil protection and humanitarian responses or using the same funding instruments for civil protection and humanitarian response as it mixes the mandates and presents an increased risk for principled humanitarian action;
Amendment 147 #
2021/2163(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls for a more dedicated focus on health, access to public health services and efforts to reduce mortality and morbidity, as well as the need to strengthen epidemics/pandemic preparedness;
Amendment 149 #
2021/2163(INI)
Motion for a resolution
Paragraph 9 b (new)
Paragraph 9 b (new)
9b. Requires significant emphasis to be devoted to nutrition, as fundamental right for all, in order to ensure food security and allow greater resilience of food systems to economic, climatic and human shocks; calls on the EU to revise the EU Action Plan on Nutrition, to address all forms of malnutrition in humanitarian and development contexts, in line with the Council Conclusion of November 2018;
Amendment 152 #
2021/2163(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Welcomes the announcement on the first ever EU Humanitarian Forum, which is to be held in January 2022; stresses that the forum should be inclusive of humanitarian implementing partners and seek to increase the visibility of the EU’s humanitarian aid and the work of its partners in particular local ones, promote a strategic dialogue on the EU’s humanitarian policy, raising political support and awareness about the nature of principled and needs-based EU humanitarian assistance and advance the implementation of the key actions set out in the Commission communication;
Amendment 3 #
2021/2158(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Draws attention to the context in which official development assistance (ODA) is now provided, marked by a recurrent funding gap, the COVID pandemic, the aggravating climate and biodiversity crisis, the relentless growth of the needs of humanitarian aid, developing countries’ and lack of means to address them properly, developing countries’, notably the Least Developed Countries (LDCs) woefully inadequate financial and othertechnical resources to respond to the challenges they face, the reversal of the progress towards key Sustainable Development Goals, including those to eradicate poverty and hunger, and the continued global failure to scale up climate action to the urgent need of reaching the objectives of the Paris Agreement with a pathway compatible with the objective of limiting global warming to under 1,5°C as well as improving resilience to adverse climate change impacts;
Amendment 9 #
2021/2158(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. Insists that the Union and its Member States scale up their ODA and climate finance so as to honour their commitments, that maximum efficiency of the spending be sought according to the principle of aid effectiveness and partner country ownership, that policy coherence for development (PCD) be practiced in a more convincingefficient and systematic way and that new efforts to create an enabling international environment for domestic resource mobilisation (DRM) be made; takes the view that well-functioning PCD and support for DRM should be considered part and parcel of sound financial management as these are means to increase the efficiency of EU action which do not need to imply significant additional costs to the Union budgetimply concrete initiatives, such as supporting the fight against corruption and the development of progressive tax systems, tackling tax avoidance and evasion;
Amendment 16 #
2021/2158(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Expresses disappointment about the continued absence of major action by the Commission on the recommendations of the external evaluation of the Union’s PCD1 , ordered by the Commission and received in 2018; _________________ 1 https://ec.europa.eu/international- partnerships/system/files/pcd-main- report_en.pdfstresses that more efforts must be undertaken to comply with PCD principles, especially for the Union trade, agricultural, fisheries, environment, climate, migration, foreign and security policies, in order to achieve aid effectiveness objectives; reiterates that PCD must be an important objective of the joined-up approach designed in NDICI-Global Europe; reiterates its call for an in-depth analysis on the impact of Economic Partnership Agreements (EPAs) on local economies and intra- regional trade to address concerns about their implementation in terms of regional integration and industrialisation;
Amendment 22 #
2021/2158(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Notes that the budgetary implementation of the EDF is now limited to payments on commitments made before the 31 December 2020 end date and that Global Europe - NDICI and general Union budget rules now apply; calls for strict implementation of the human rights based approach, with human rights being at the centre of all actions, in accordance with the Commission’s toolbox on this approach. ; in this regard, is particularly concerned about the possible misuse of development funds for mobility restriction and border control purposes, including those of the EU Emergency Trust Fund for Africa (EUTF), and the reported human rights violations linked to the EUTF in Libya, Ethiopia, Eritrea and Niger;
Amendment 24 #
2021/2158(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Reiterates its calls for proper implementation of and reporting on all horizontal spending targets set in NDICI, in particular the biodiversity related target which is not a stand-alone target in the regulation but concerns contributing to the overall MFF biodiversity target of 7.5% of annual spending to biodiversity objectives in 2024 and 10% from 2026 onwards; expects the Commission to adopt as soon as possible an effective, transparent and comprehensive methodology for biodiversity tracking, developed with the full involvement of the European Parliament, and about which the European Parliament should be consulted before the publication of the 2023 draft budget;
Amendment 28 #
2021/2158(DEC)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Stresses that projects financed via NDICI-Global Europe shall be screened to determine if they have an environmental, climate or social impact and if so, shall be subject to climate, environmental and social sustainability proofing with a view to minimise detrimental impacts and maximise benefits on climate, environment and social dimensions; recalls that the Union and the Member States committed under Article2.1(c) of the Paris Agreement to align both public and private financial flows to a pathway compatible with the objective of limiting global warming to 1.5°C; stresses that this requires a phase out of all direct and indirect fossil fuel subsidies as soon as possible and by 2025 at the very latest;
Amendment 31 #
2021/2158(DEC)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Regrets the reported case of lack of transparency for the work contracts signed by the Commission to strengthen food security in Cameroon, for which the evaluation criteria used for the award differed from those published in the tender notice and therefore made the tender ineligible; calls on the Commission to prevent any lack of transparency in public procurement procedures;
Amendment 33 #
2021/2158(DEC)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Regrets that expenditures with international organisations recorded in 2020 under the 8th, 9th, 10th and 11th EDFs is particularly affected by errors; highlights that errors occur predominantly in transactions related to grants and to contribution and delegation agreements implemented by international organisations and that in the examined transactions of this type, 40.3 % contained quantifiable errors, which is substantial; underlines that the ECA1a indicated that for 13 of these cases with errors, the Commission had sufficient information to prevent, or to detect the error before accepting the expenditure; urges the Commission to produce detailed explanations in response to these findings and to submit a clear plan to European Parliament outlining the necessary steps in order to correct this seriously worrying situation; _________________ 1a https://www.eca.europa.eu/Lists/ECADoc uments/annualreports- 2020/annualreports-2020_EN.pdf
Amendment 35 #
2021/2158(DEC)
Draft opinion
Paragraph 4 e (new)
Paragraph 4 e (new)
4 e. Calls on the Commission to take the necessary measures to ensure that international organisations provide the Court of Auditors with complete, unlimited and timely access to documents necessary to carry out its task in accordance with the TFEU1a, and not just in read-only format; _________________ 1a Article 287 of the Treaty on the Functioning of the European Union: ‘Any natural or legal person in receipt of payments from the budget, shall forward to the Court of Auditors, at its request, any document or information necessary to carry out its task'.
Amendment 37 #
2021/2158(DEC)
Draft opinion
Paragraph 4 f (new)
Paragraph 4 f (new)
4 f. Stresses the importance for donors to prioritise grant-based financing as the default option, especially to LDCs, and not favour blending, guarantee or any loans over grants, that could increase the burden of debt; is concerned therefore that the Commission has proposed more means and geographical expansion for blended finance for the future financing period 2021-2027 via EFSD+ in NDICI- Global Europe, and through the Global Gateway strategy, which makes of the blending-guarantee mechanism the main financial tool for mobilising investments; urges the Union and its Member States to develop, as a first step, and in addition to its pledges on debt moratorium, a new debt relief initiative regarding the Heavily Indebted Poor Countries; more broadly, calls for the creation of a multilateral debt workout mechanism to address both the impact of the crisis and the financing requirements of the Agenda 2030;
Amendment 3 #
2021/2106(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Notes that the replacement of the Development Cooperation Instrument with the Global Europe Instrument coincides with a dramatic reversal of the progress towards the Sustainable Development Goals and with rapid aggravation of the global climate and biodiversity crisies; insists that in the implementation of the Global Europe Instrument, maximum efficiency in the response to these incomparably important challenges must be sought; reiterates the importance of properly implementing the horizontal targets set in the Global Europe Regulation; expects to see the program- level targets published together with the draft budget 2023 as well as any legislative changes required in the programs effected to ensure the targets will be met;
Amendment 14 #
2021/2106(DEC)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
Amendment 15 #
2021/2106(DEC)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Notes that the possibilities of mainstreaming migration policy in EU external policy are significantly broadened by the inclusion of migration in the thematic, geographical and rapid response component and the migration budgetary target of the Global Europe Regulation; notes with concern, however, that through the ‘rapid response’ component, cooperation with third countries on migration management can be funded without the need for the Commission to publish any programming documents or consult civil society actors, and without the involvement of Parliament; insists in this regard on the need to ensure that the 2021-2027 Multiannual Financial Framework and related financial instruments including Global Europe, is accompanied by a robust human rights framework for the identification, implementation and monitoring of future migration cooperation programmes;
Amendment 22 #
2021/2106(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
Amendment 28 #
2021/2106(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Stresses that choices of aid modalities should always be based on realistic and independent assessments of the likely efficiency of possible options, supported by evidence and made public; points to the salience of this in the rapidly expanding area of private sector cooperation, ,where the evidence base is limited and should carefully be broadened and deepened in order to facilitate optimal use of official development assistance (ODA);
Amendment 29 #
2021/2106(DEC)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that the Union and the Member States committed under Article 2.1(c) of the Paris Agreement to align both public and private financial flows to a pathway compatible with the objective of limiting global warming to 1.5°C; stresses that this requires a phase out of all direct and indirect fossil fuel subsidies as soon as possible and by 2025 at the very latest;
Amendment 33 #
2021/2106(DEC)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that, given the shortcomings recently reported on blending and guarantee mechanisms to facilitate optimal use of ODA, contribute to SDGs and the Paris Climate Agreement and to demonstrate development additionality, widening the geographical scope and budget share of blending finance via EFSD+ in NDICI-GE, and through the Global Gateway strategy, making the blending-guarantee mechanism the main financial tool for mobilising investments is premature and unjustified; insists on the importance of the scrutiny of the European Parliament on the implementation of EFSD+, including its deployment through the Global Gateway and urges the Commission to provide all the necessary means to ensure the Global Gateway Strategy is aligned with the programming exercise;
Amendment 37 #
2021/2106(DEC)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Recalls that the EIB intends to strengthen its role in the implementation of European external policies and development role by creating a dedicated branch (‘EIB Global’) for this purpose, reiterates longstanding EP demands that the European Court of Auditors be empowered to audit all EIB operations, and that these audits be made public;
Amendment 6 #
2021/2055(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that churches, faith-based organisations (FBOs) and religious associationsivil society as a whole haves a major role in the social fabric of developing countries, areis an important partners in delivering humanitarian assistance to hard-to-reach communities and greatly contribute to sustainable development and to achieving the SDGs, in particular SDGs 3 and 4; further notes that churches and FBOs deliver in social sectors where shortcomings in state services are experiencedsocial services corresponding to SDGs 3 (good health and well-being) and 4 (quality education);
Amendment 20 #
2021/2055(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 26 #
2021/2055(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Stresses that the persecution of minorities on grounds of religion or belief is often intertwined with some other grounds of distinct nature, in particular those linked to ethnicity, gender, sexual orientation and caste; calls on the EU to ensure that in all contexts the intersection of discrimination on the grounds of religion or belief with other drivers of exclusion, marginalisation and poverty are clearly mapped and addressed comprehensively;
Amendment 31 #
2021/2055(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 40 #
2021/2055(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the activities of churches and religious leaderinter- faith initiatives, including non-religious, secular, humanists and atheists organisations in the field of conflict management and mediation, and in fostering reconciliation, dialogue and peace; highlights that such inter-religiousfaith dialogue is crucial, notably in conflict areas, to foster peace and reconciliation;
Amendment 44 #
2021/2055(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Strongly deplores that non- religious, and secular and humanist organizations are facing growing persecution, including unprecedented waves of incitement to hatred and killings, in a number of countries worldwide; denounces as well that countless individuals and civil society organisations are under assault for peacefully questioning, criticizing or satirizing religious beliefs; stresses that this ongoing violation of their freedom of thought and of expression occurs across geographic and cultural borders, including within EU Member States;
Amendment 49 #
2021/2055(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Condemns activities from religious cults addressed to the diaspora from developing countries which use schemes to profit financially from the vulnerabilities of migrant communities in Europe and promote biased worldviews, often integrating homophobia, transphobia and misogyny;
Amendment 50 #
2021/2055(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Denounces all forms of violence and coercion, including public expression of hostility by religious leaders, perpetrated against women, girls and LGBT+ persons justified with reference to religious practice or belief; calls for the repeal of discriminatory laws, enacted with reference to religious considerations, that criminalize adultery, that criminalize persons on the basis of their actual or perceived sexual orientation or gender identity or expression, that criminalize abortion in all cases or that facilitate religious practices that violate human rights;
Amendment 51 #
2021/2055(INI)
Draft opinion
Paragraph 4 d (new)
Paragraph 4 d (new)
4 d. Deplores the ongoing rollback and regression on sexual and reproductive health and rights of women and girls, especially those marginalised on the grounds of superstition (e.g., witchcraft), and rights of LGBT+ persons inside and outside the EU, notably under the guise of religious principles or doctrine; notes that intersectional factors, including religion and belonging to minority groups, increase the risk of discrimination under this regressive trend;
Amendment 53 #
2021/2055(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission and the Council to make the fight against the persecution of religious minoritminorities on the grounds of religion or beliesf a priority in the programming of activities related to EU development assistance, in line with the areas of cooperation for geographic and thematic programmes of NDICI-Global Europe; in this regard, calls on the Commission to support civil society organizations and social campaigns and programmes that promote understanding and awareness of non-majority religion and belief groups, especially humanists and atheists in countries where they face particularly serious forms of discrimination;
Amendment 68 #
2021/2055(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the EU to develop the necessary reaction and sanction mechanisms as provided for by the EU Global Human Rights Sanctions Regime to combat effectively serious violations of freedom of religion or belief, including discrimination or legal restrictions based on religion or belief in its partner countries, as well as any kind of impediment to freedom of religion or belief, freedom of association and freedom of expression.;
Amendment 72 #
2021/2055(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Recalls that the political and legal separation of religion and State is a prerequisite for the full enjoyment of human rights, democracy, and the rule of law; calls on the EU to ensure that its development programmes and budget support to national and local authorities in third countries are consistent with the principles of secularism, including in the field of education, and strictly refrain from reinforcing government legislation and policies that favour one belief or religious group over others;
Amendment 79 #
2021/2055(INI)
Draft opinion
Paragraph 6 b (new)
Paragraph 6 b (new)
6 b. Condemns human rights violations, sexual abuse, sectarianism, as well as financial misconduct of religious missions and leaders in several developing countries; calls on the European Commission to undertake a comprehensive mapping and monitoring of religious missions on site to ensure that these structures act with respect for the local population and avoid any type of violation or abuse;
Amendment 1 #
2021/2007(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. WelcomesTakes note of the communication on an intellectual property action plan to support the EU’s recovery and resilience, but regrets that the focus on international cooperation and assistance to developing countries is poorly addressedonly addressed through the lens of technical cooperation programmes, with a view to promoting better generation and management of intellectual property (IP); deplores that it fails to address explicitly the need to promote technology transfer, notably to fight against the COVID-19 pandemic and climate change, which is of primary importance for developing countries, notably LDCs and low and middle-income countries;
Amendment 3 #
2021/2007(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Highlights that, according to UNCTAD, while developed countries have been able to mobilise massively their monetary and fiscal resources to prop up their economy (estimated at between 20 and 25% of their GDP), the poorest countries have mobilised just 1% to mitigate the socio-economic damage caused by the pandemic crisis[1];emphasises that a diversified economy is a prerequisite for resilience to future shocks;underlines that the main barriers to the industrial upgrading of developing countries are production capacity constraints such as access to technology; [1] “Reforming the International Trading System for Recovery, Resilience and Inclusive Development”, UNCTAD Research Paper (n°65) of April 2021, p. 3.
Amendment 4 #
2021/2007(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. CRecalls onthat the Commission to continue strengthening intellectual property rights (post-pandemic global recovery should be aligned with international commitments on climate change and Agenda 2030; accordingly, believes that the global green transition requires a balance between the rules on IPR) protection and enforcement in non-EU countries through EU-funded technical cooperation programmes; welcomes in particular the intention to promote better generation and management of intellectual property (IP) on the African continent as part of a joint partnership building on the current four- year cooperation programme for Africatechnology transfer; recalls the previous efforts in UNCTAD to develop a Cod eof Conduct on Technology Transfer;calls on the EU and its Member States to take initiatives to reinvigorate it; but urges the Commission to refrain from harnessing IP chapters in the context of FTA (FTAs), without addressing the concerns of LDCs and low and middle income countries in terms of technology transfer;
Amendment 12 #
2021/2007(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Recalls that one of the main challenges for developing countries is to climb up the global value chain through economic diversification, which necessitates fair and pro-development global trade rules;
Amendment 14 #
2021/2007(INI)
Draft opinion
Paragraph 2 b (new)
Paragraph 2 b (new)
2 b. Recalls that, while the Special and Differentiated Treatment of the WTO is meant to safeguard the policy space of developing countries to better align their trade policy with their developmental priorities, it has been insufficient to enable their economic diversification;
Amendment 15 #
2021/2007(INI)
Draft opinion
Paragraph 2 c (new)
Paragraph 2 c (new)
2 c. Points out that developing countries’ obligations under TRIPS are enforceable and can be challenged under the dispute settlement mechanism, while their rights to technology transfer are not enforceable; underlines that such asymmetry of rules is not coherent with the fulfilment of the Agenda 2030;
Amendment 18 #
2021/2007(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Strongly encourages the Commission to assist producers and their associations as well as local authorities in developing countries in unlocking the potential of IP and reaping the economic value of local innovations, geographical indications and traditional knowledge; reiterates its call, in this regard, to respect the progress achieved in the international protection of indigenous peoples’ rights over their genetic resources and associated traditional knowledge; more broadly, calls on the EU and its Member States to support regional projects such as the African Continental Free Trade Agreement, which should favour products of local enterprises and in this way support regional industrialisation processes;
Amendment 30 #
2021/2007(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Stresses that a more equitable distribution of vaccines around the globe is essential to combat effectively the spread of COVID-19 and its mutations; recalls that, while COVAX, the vaccine pillar of the World Health Organisation (WHO) Access to Covid-19 Tools (ACT) is aiming to have two billion vaccine doses available by the end of 2021, it will neither be enough to respond to the vaccination needs of the poorest countries to reach herd immunity, nor does it constitute an appropriate integrated global approach for scaling up production capacities worldwide;
Amendment 32 #
2021/2007(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Recalls that the current multilateral framework protecting intellectual property rights has represented an obstacle for addressing the COVID-19 crisis and that the existing WTO-TRIPS flexibilities which are based on procedurally complex, country-by- country, product-by-product and prior negotiations with patent holders, were not fit for purpose for tackling previous global health emergencies and are not up to the challenge of the current one;
Amendment 33 #
2021/2007(INI)
Draft opinion
Paragraph 4 c (new)
Paragraph 4 c (new)
4 c. Points out, furthermore, that past experience regarding the implementation of existing TRIPS flexibilities shows that individual countries often felt fearful of either retaliatory action by developed countries or the reputational costs of issuing compulsory licenses; underlines that compulsory licensing only applies to patents as one category of intellectual property rights (IPR), but that other IPR categories, such as data protection and trade secrets, which represent potential hurdles to the scaling-up of production of needed medical products, are beyond the scope of compulsory licences;
Amendment 35 #
2021/2007(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes, as a positive step, the recently announced US support for a proposal the declarations of WTO Director-General Ngozi Okonjo- Iweala at the meeting of Parliament’s Committee on International Trade of 20 May 2021, according to which the existing TRIPS flexibilities are too temporarily waive certain provburdensome and more flexibility is needed; welcomes, in this context, the decisions of the Agreement on Trade- Related AspectsBiden- Harris Administration in the US to support the waiving of Iintellectual Pproperty Rights for the prevention, containment and treatment of COVID-19; urges the Commission, therefore, to follow through on its promise to engage in aprotections for COVID-19 vaccines; recalls the declaration of President Von Der Leyen according to which COVID-19 vaccines should be considered a global public good; accordingly, urges the EU to constructively and constructiveproactively engage in text-based negotiations at World Trade Organization level.for a temporary TRIPS waiver for all products and technologies including vaccines, treatments and diagnostics needed to respond to the COVID-19 pandemic and to issue, with that purpose, a negotiation mandate;
Amendment 42 #
2021/2007(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Urges the EU to forswear any recourse to legal proceedings in the WTO or under free trade and investment agreements against countries that infringe TRIPS provisions when adopting policy measures to expand access to COVID-19 related medical products; requests the Commission, therefore, to propose, as an interim measure before agreeing on a COVID-19 related TRIPS waiver, an immediate WTO political declaration on a ‘standstill’ regarding any action relating to vaccines and other essential medical products to tackle the pandemic;
Amendment 46 #
2021/2007(INI)
Draft opinion
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Insists upon the need to support global open access to COVID-19 vaccines to scale up global production through technology transfer; underlines that the Commission has so far solely focused on encouraging Western vaccine manufacturers to share technology and licences on a purely voluntary basis; notes with concern that there is evidence that current producers of authorised COVID- 19 vaccines have refused offers to expand production from several potential generic pharmaceutical producers in the EU and abroad;
Amendment 48 #
2021/2007(INI)
Draft opinion
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls for binding technology transfers to scale up vaccine production; urges the Commission to take initiatives along this line and to proactively undertake efforts to make sure that vaccine manufacturers share IP and technology through the WHO C-TAP multilateral mechanism, particularly in low and middle-income countries;
Amendment 50 #
2021/2007(INI)
Draft opinion
Paragraph 5 d (new)
Paragraph 5 d (new)
5 d. Is of the opinion that the EU should urgently foster multilateral arrangements at WTO level, including a treaty on pandemics, as recently proposed by the President of the European Council, as part of the ‘Health and Trade Initiative’ to be adopted in November 2021 during the twelfth Ministerial Conference, as well as at the next WHO general assembly; underlines that this initiative is a complement to and not a substitute for a TRIPS waiver;
Amendment 52 #
2021/2007(INI)
Draft opinion
Paragraph 5 e (new)
Paragraph 5 e (new)
5 e. Encourages developing countries to strengthen regional value chains and intra-regional trade and investments in health and health related areas, notably through collective R&D efforts in medical research and regional pooling of resources;notes with concern that, according to the Global Trade Alert, as of 21 March 2021, 54 governments introduced export curbs on key medical supplies since the beginning of the year[1];stresses that regional trade pacts should be used to prevent export bans on key products in times of global and regional shortages, as in the case of the ongoing pandemic crisis; [1] “Reforming the International Trading System for Recovery, Resilience and Inclusive Development”, UNCTAD Research Paper (n°65) of April 2021, p. 20.
Amendment 53 #
2021/2007(INI)
Draft opinion
Paragraph 5 f (new)
Paragraph 5 f (new)
5 f. Takes note of the Commission’s intention to evaluate and revise the Community Plant Variety Rights (CPRV); recalls the EU’s commitments to implement the Agenda 2030 and its objective to leave no one behind; stresses that Small-scale farmers (SSF)and agricultural biodiversity are critical to achieving the SDGs; accordingly, stresses the need to support a rights-based approach to implement the Declaration on the Rights of Peasants and Other People Working in Rural Areas adopted by the United Nations General Assembly at its 73rd Session in December 2018;
Amendment 54 #
2021/2007(INI)
Draft opinion
Paragraph 5 g (new)
Paragraph 5 g (new)
5 g. Highlights that small-scale farmers (SSF) and agricultural biodiversity have a critical role in healthy, nutritious diets and ensuring the resilience of agricultural production systems to cope with climate change; recalls equally that seed diversity is vital in building the resilience of farming to climate change; notes with concern that trade and Intellectual Property rules protecting plants, genetic information and biological process in the remit of TRIPS and the Union for Protection of New Varieties of Plants (UPOV 1991) have a detrimental effect on SSF innovation and agricultural biodiversity, although being critical to supporting food and nutrition security;
Amendment 55 #
2021/2007(INI)
Draft opinion
Paragraph 5 h (new)
Paragraph 5 h (new)
5 h. Recalls that farm-saved seeds are estimated to account for over 80% of farmers’ total seed requirements in some African countries; calls for the EU to support intellectual property rights regimes that enhance the development of locally adapted seed varieties and farmer- saved seeds, in line with the provisions of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA), which safeguards the rights of farmers to maintain genetic resources for purposes of food security and climate change adaptation, and Article 19 of the UN Declaration on the Rights of Peasants and Other People Working in Rural Areas, according to which peasants have the right to maintain, control, protect and develop their own seeds and traditional knowledge;
Amendment 56 #
2021/2007(INI)
Draft opinion
Paragraph 5 i (new)
Paragraph 5 i (new)
5 i. Stresses that, while green technologies are predominantly held and protected by corporations of developed countries, the TRIPS Agreement and TRIPS Plus hamper the green technological upgrading in developing countries that must accompany any climate-friendly industrialisation process;
Amendment 57 #
2021/2007(INI)
Draft opinion
Paragraph 5 j (new)
Paragraph 5 j (new)
5 j. Stresses the need for coherence between the special and differential treatment (SDT) of the WTO and the United Nations Framework Convention on Climate Change (UNFCCC) principle of “common but differentiated responsibilities”;
Amendment 58 #
2021/2007(INI)
5 k. Calls on the EU to take the lead in the identification of the salient barriers to the dissemination of technologies in developing countries to address climate change and to strive to promote the adoption of a Declaration on “IPR and Climate Change” comparable to the Doha Declaration of 2001 on the TRIPS Agreement and Public Health, to foster the legal transfer of climate-friendly technology in developing countries, in compliance with the Paris Agreement and the United Nations Framework Convention on Climate Change (UNFCCC), notably the principle of Common But Differentiated Responsibilities (CBDR);along this line, takes the view that EU FTAs with developing countries should include provisions that promote technology transfer and enable Local Content Requirements in their public procurement and investment policies;
Amendment 59 #
2021/2007(INI)
Draft opinion
Paragraph 5 l (new)
Paragraph 5 l (new)
5 l. Stresses the need to account for the carbon “embodied” in imported goods and services; acknowledges, however, the adverse impact of Border Carbon Adjustment (BCA) on developing countries locked into carbon-intensive and extractive industrialisation;
Amendment 60 #
2021/2007(INI)
Draft opinion
Paragraph 5 m (new)
Paragraph 5 m (new)
5 m. Stresses that Least Developed Countries and Small Island Developing States should be given special treatment in order to take account of their specificities and the potential negative impact of the carbon border adjustment mechanism (CBAM) on their development; in light of this, insists that such initiative should be in line with the special and differential treatment (SDT) and the United Nations Framework Convention on Climate Change (UNFCCC) principle of “common but differentiated responsibilities” and accompanied by measures facilitating technology transfer both for climate adaptation and mitigation, to accommodate the needs of developing countries; to this end, stresses the need to develop are distributive mechanism that redirects new tariff revenue to ringfence financing for green transitions in developing countries, additional to ODA, to undergo an industrialisation process based on clean and decarbonised technologies;
Amendment 19 #
2021/2003(INI)
Motion for a resolution
Citation 8
Citation 8
Amendment 23 #
2021/2003(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the communication from the European Commission, A Union of Equality: Gender Equality Strategy 2020-2025 of March 2020,
Amendment 27 #
2021/2003(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the EU Action Plan on Women, Peace and Security (WPS) 2019-2024 adopted in 2019,
Amendment 31 #
2021/2003(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
— having regard to the Regulation (EU) 2021/947 establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe,
Amendment 50 #
2021/2003(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Amendment 58 #
2021/2003(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas more countries are in emergency situations as a result of conflicts, natural disasters and climate change and whereas women and girls are affected in a disproportionate manner;
Amendment 71 #
2021/2003(INI)
Motion for a resolution
Recital B
Recital B
B. whereas gender based violence is the most extreme form of gender inequality;
Amendment 82 #
2021/2003(INI)
Motion for a resolution
Recital C
Recital C
C. whereas with regard to healthcare services and services relating to sexual and reproductive health and rights, access must be universal;
Amendment 92 #
2021/2003(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the pandemic is having a serious impact on women and girls, and has exacerbated existing gender inequalities particularly in termsmpacting ofn access to education and healthcare, and is resulting in increasing gender violence and economic inequalities;
Amendment 98 #
2021/2003(INI)
Motion for a resolution
Recital E
Recital E
E. whereas measures to combat inequality will be of fundamental importance to the recovery; and should imply development support alongside comprehensive debt relief measures involving all private and public creditors which help bolster public finances, tackle tax-motivated illicit financial flows and prevent COVID-19 related expenditure from overtaking other crucial spending;
Amendment 122 #
2021/2003(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the adoption of EU Gender Action Plan III (GAP III), its commitments and comprehensive objectives; Deplores the fact that the Council of the European Union has failed to achieve unanimity on conclusions of the GAP III owing to objections from four Member States to the word ‘gender’;
Amendment 150 #
2021/2003(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Calls for full implementation of GAP III in every aspect of EU external action and to ensure Policy Coherence for Development through systematic gender impact assessment to avoid any negative impacts of EU policies on women and girls’ rights and gender equality;
Amendment 155 #
2021/2003(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Reiterates that actions to implement GAP III have to be guided by the ambition of addressing the root causes of gender inequalities and that limited funding and understaffing are fundamental obstacles to implementing EU objectives on gender equality and gender mainstreaming;
Amendment 157 #
2021/2003(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Welcomes the inclusion of intersectionality as a core principle of the GAP III but regrets the lack of targets, indicators and specific actions in order to implement it; Reiterates the call for all EU action to take into account intersecting identities and levels of oppression and to recognise that women and girls in all their diversity are not affected equally by gender inequalities as they are compounded by other factors such as race, age, ethnicity, ability, migration status, sexual orientation, gender identity among others; regrets that the GAP III does not include a focus and targets to support the promotion of the rights of LGBTIQ+ people;
Amendment 159 #
2021/2003(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Expects the missing specific and measurable baselines and targets to be added to the Working Document without further delay, as well as respective roadmaps and timelines for all objectives, as well as penalties in case of non- fulfilment;
Amendment 163 #
2021/2003(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses the need for an annual and external assessment of GAPthe GAP III results at every level and every stage, against targeted and measurable objectives, which should be done in a transparent and inclusive way and incorporate the input of civil society and NGOs on the ground;
Amendment 173 #
2021/2003(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on EU missions and delegations and on the Member States to cooperate closely in the implementation of GAP IIIReiterates the key role EU and Member States missions and delegations play in ensuring an effective implementation of GAP III and calls on EU missions and delegations and on the Member States to cooperate closely in the implementation of GAP III using all diplomatic and programmatic tools at disposal; Welcomes the introduction of the country-level Implementation plans (CLIPs) and insists that all CLIPS be made public and translated into local languages to ensure more effective monitoring of progress;
Amendment 181 #
2021/2003(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls for close ties to be established with organisationalwomen rights networks and ministries in partner countries and calls for an annual dialogue regarding GAP III implementation, encompassing stakeholderin order to enhance the effectiveness and country ownership over the implementation of GAP III and its CLIPs; Calls for an annual dialogue with the European Parliament regarding GAP III implementation, with the participation of diverse and of relevant stakeholders working on women’s and girls’ rights and, in particular, local civil society;
Amendment 191 #
2021/2003(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls for funding for local women’s organisations to be increasedthe inclusion of a specific target for funding women’s rights organisations and civil society; Calls for direct funding for local and small women’s civil society organisations to be increased, and for administrative constraints imposed on them to be reduced in order to facilitate their access to funding; condemns all moves to clamp down on women’s rights activists and urges all governments to protect, support and cooperate with independent civil society organizations and social campaigns and programmes that promote understanding and awareness on gender equality and women’s rights;
Amendment 202 #
2021/2003(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls strongly for GAP III to be coordinated with other initiatives, such as the Spotlight Initiative, whose effectiveness needs to be improved and budget increased;budget should be increased, while its effectiveness can be improved in line with its recent mid-term assessment and by drawing lessons from the new context created by the COVID-19 Pandemic; calls for the funds allocated to the Spotlight Initiative to be renewed after the current programme ends in 2022 and for the Programme to be prolonged throughout the whole multi- annual financing period and across sub regions.
Amendment 207 #
2021/2003(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. WelcomStresses the fact that at least 85% of all new external actions implemented through the Global Europe - NDICI instrument will be required to incorporate gender as a significant or principal objective as defined by the gender equality policy marker of the OECD Development Assistance Committee, and at least 5 % of these actions should have gender equality and women’s and girls’ rights and empowerment as a principal objective; Reminds that the 5% target was already archived in 2019 and calls for greater ambition, increased support and concrete earmark funding for gender targeted initiatives to be included in GAP III; stresses that the funding objectives set should also be quantified in terms of concrete dedicated funding and not just a percentage of the overall programmes;
Amendment 219 #
2021/2003(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Calls for GAP III to incorporate clear tools to track the total amount of gender equality spending, to go beyond the “tick-the-box” logic that quantifies programmes and assess the qualitative impact in terms of promoting gender equality of these initiatives;
Amendment 221 #
2021/2003(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Stresses that achieving gender equality and a proper implementation of the GAP III is not possible without gender-responsive leadership; Welcomes the commitment to ensure gender balanced management in HQ EEAS and external COM services, EU Delegations and CSDP Missions and operations and stresses the need that mission letter and job description of Heads of Delegation include specific reference to gender equality, implementing the GAP III and that its evaluations include specific criteria on work undertaken to ensure GAP III and gender mainstreaming;
Amendment 224 #
2021/2003(INI)
Motion for a resolution
Paragraph 8 c (new)
Paragraph 8 c (new)
8c. Welcomes the commitment to introduce gender equality and GAP III training for all managers at Head Quarters and EU delegations and calls for this measure to be mandatory and extended to all staff working in EU external action; Recommends these trainings to include guidance on applying gender mainstreaming, gender budgeting, gender impact assessments and gender analyses and to develop gender equality guidelines for all EU delegations for implementing the GAP III;
Amendment 226 #
2021/2003(INI)
Motion for a resolution
Paragraph 8 d (new)
Paragraph 8 d (new)
8d. Welcomes the GAP III commitment to ensure that that all EUD and HQ external services have Gender Advisors / Gender Focal Persons/Points (GFP) but stresses the need of these positions to be full time and with sufficient resources to perform their tasks; Calls once again for gender advisers to be also appointed in military CSDP missions;
Amendment 238 #
2021/2003(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Calls for action to combat femicide and all types of violence against women and girls to be stepped up particularly in conflict and emergency situations where women and girls are in more vulnerable situations;
Amendment 245 #
2021/2003(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses that child marriagesearly, forced and child marriages is a human rights violation which makes girls vulnerable to violence and abuse; points out that Female Genital Mutilation (FGM) is internationally recognised as a human rights violation with 125 million victims worldwide and 500 000 victims in the EU alone and at least three million girls are at risk of genital mutilation every year; calls for integrated action to prevent female genital mutilation and forced marriages particularly in conflict and emergency contexts;
Amendment 252 #
2021/2003(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the Commission to ensure a coherent long-term approach to stopping FGM both within and outside the EU thanks to improved synergies between internal and external EU programmes; reiterates its call to incorporate FGM prevention measures in all policy areas, including in health, asylum, education, employment, human rights policies and in cooperation with third countries;
Amendment 278 #
2021/2003(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Expresses concern at the rise of conservative rhetoric and organised religious and other groupings, which is threatening to undermine sexual and reproductive health and rights inside and outside the Union;
Amendment 280 #
2021/2003(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Alongside the objectives set for GAP III, reiterates its call to the EU and its Member States to keep their commitments to the full and effective implementation of the Programme of Action of the International Conference on Population and Development and the outcomes of their review conferences;
Amendment 285 #
2021/2003(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls for GAP III to attach greater importance to thesesexual and reproductive health and rights and for adequate and targeted funding to be allocated to them when programming the ‘Europe in the World’ instrumentGlobal Europe- NDICI instrument; calls on the Commission, the European External Action Service and the Member States to consider SRHR as a priority in the EU programming process, including in joint programming; Underlines the crucial role of non-governmental organisations as service providers and advocates for SRHR;
Amendment 299 #
2021/2003(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Stresses the importance of sexual and reproductive health and rights with regard to women’s bodies and their autonomy and urges that they be treated as essential public health issues accessible to all without discrimination; calls for universal access to comprehensive sexual education, contraception (CSE), effective contraception, prevention of HIV and STIs, and safe and legal abortion;
Amendment 315 #
2021/2003(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls for measures to prevent girls from missing school during their periods by improving water sanitation and hygiene services as well as menstrual hygiene facilities on school premises and by combating stigmatisation in this area;
Amendment 317 #
2021/2003(INI)
Motion for a resolution
Paragraph 15 a (new)
Paragraph 15 a (new)
15a. Stresses the importance of current CSE programmes as they provide information about puberty, the menstrual cycle, pregnancy and childbirth, in particular contraception and the prevention of sexually transmitted diseases and thus help prevent early pregnancy and marriage, which lead to girls dropping out of school and being excluded from the labour market; calls for CSE programmes to also address interpersonal relationships, sexual orientation, gender equality, gender norms, prevention of gender-violence, and consent, in order to encompass more comprehensively the diversity of gender- related information to women and girls;
Amendment 341 #
2021/2003(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Reiterates that the crisiseconomic crisis resulting from the pandemic is affecting women’s access to the labour market; stresses the need for the inclusion of a gender dimension in all recovery plans and for the EU to support the development of post-pandemic recovery plans and measures in partner countries to include gender considerations and gender transformative actions;
Amendment 372 #
2021/2003(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for a comprehensive effort to provide girls with access to education and quality training tailored to the needs of the labour market; ensure that EU budget support, which has proven its efficiency in the field of education, remains the favoured modality to allow access to inclusive and quality education to all in developing countries;
Amendment 399 #
2021/2003(INI)
Motion for a resolution
Subheading 6
Subheading 6
Encouraging participation and leadership by women and girls
Amendment 409 #
2021/2003(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. calls for the EU to ensure women and girls as well as women rights and grassroots organisations participate and lead in the implementation of GAP III in their countries; Calls for programme funding to promote the training and participation of women in public life as well as to advocate for the inclusion of local women rights organisations and women led frontline humanitarian responders in humanitarian coordination and decision-making structures;
Amendment 449 #
2021/2003(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Reiterates the need to combatDeplores the use of sexual violence as a weapon of war and to combat impunitycalls on the urgent need to combat it as well as to combat impunity by bringing perpetrators to justice;
Amendment 454 #
2021/2003(INI)
Motion for a resolution
Subheading 7 a (new)
Subheading 7 a (new)
Ensuring a gender-responsive Humanitarian action
Amendment 455 #
2021/2003(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Regrets that the recent ‘Communication on the EU’s humanitarian action: new challenges, same principles’, does not sufficiently address the growing needs of the issue of gender in humanitarian settings and only reminds that gender is an integrated elements of the humanitarian aid policy for protection from gender-based violence in case of emergencies, and alongside the objective of GAP III;
Amendment 456 #
2021/2003(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23b. Given the prominent role of women as victims of conflicts and disasters calls on the Commission to provide more concrete elements on specific expenditure, programmes, tracking and assessment of gender related activities in humanitarian settings to assess on what has been done so far in this field, and elaborate new measures as part of its humanitarian action to further develop an adapted and efficient gender- responsive EU humanitarian action, able to properly address the needs of people in vulnerable situation, in particular women and girls and to support their empowerment;
Amendment 457 #
2021/2003(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23c. Calls on the GAP III to give a high priority to gender equality and sexual and reproductive health and rights in the EU and Member States’ humanitarian aid response, as well as accountability and access to justice and redress for sexual and reproductive rights violations and gender-based violence, both in terms of training of humanitarian actors and funding;
Amendment 458 #
2021/2003(INI)
Motion for a resolution
Subheading 8
Subheading 8
Building a green and digital societclimate and biodiversity resilient economy
Amendment 464 #
2021/2003(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Remains deeply concerned about the fact that the European Green Deal and related initiatives include neither a gender perspective nor concrete reference and targets on gender equality; Welcomes the inclusion in GAP III of the priority area on Climate change and environment and stresses the importance to add specific funding targets to deliver on the objectives set; Calls to ensure that women and girls play meaningful and leadership roles and are involved in the design and implementation of ambitious and localised preparedness, mitigation and adaptation programmes, therefore ensuring and effective gender transformative climate action;
Amendment 478 #
2021/2003(INI)
Motion for a resolution
Paragraph 25 a (new)
Paragraph 25 a (new)
Amendment 480 #
2021/2003(INI)
Motion for a resolution
Subheading 8 a (new)
Subheading 8 a (new)
Investing in a sustainable digital society
Amendment 495 #
2021/2003(INI)
Motion for a resolution
Paragraph 27 a (new)
Paragraph 27 a (new)
27a. Underlines that the transition to a more sustainable digital economy should take into account the huge implications for the mining sector and that there are growing concerns that mining will spread into sensitive forest landscapes, contributing to deforestation and forest degradation; calls on the EU and its Member States to step up efforts to foster responsible and sustainable mining practices respectful of the environment and human rights, while accelerating the transition towards a circular economy;
Amendment 501 #
2021/2003(INI)
Motion for a resolution
Paragraph 27 b (new)
Paragraph 27 b (new)
27b. Stresses that the generation of e- waste worldwide poses challenges for the implementation of the 2030 Agenda, notably regarding health and the environment; calls on the Commission through the commitments set in GAP III to step up efforts to develop responsible investment, so as to help minimise e-waste production, prevent illegal dumping and improper treatment of e-waste, promote the efficient use of resources and recycling, and create gender-inclusive jobs in the refurbishment and recycling sectors;
Amendment 508 #
2021/2003(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates the need for the EU to play a leading role at multilateral level in promoting feminist diplomacy; Calls on the EU and its Member States to commit to advance towards a feminist foreign and security policy that entails a gender transformative vision, putting the need to address unequal structures and power relations, gender norms, gender-based discrimination and women´s rights and agency at its centre;
Amendment 526 #
2021/2003(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Recalls the Commission’s commitment to earmark EUR 4 billion from the external budget for women and girls and to increase funding for women’s organisations; calls for these commitments to be clarified and adequately monitored;
Amendment 16 #
2021/0214(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) While the objective of the CBAM is to prevent thelower global carbon emissions and support the implementation of the goals of the Paris Agreement, including by preventing any risk of carbon leakage, this Regulation would also encourage the use of more GHG emissions-efficient technologies by producers from third countries, so that less emissions per unit of output are generated.
Amendment 21 #
2021/0214(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) Least developed countries (LDCs) are accountable for only 1.1% of the world CO2 emissions from fossil-fuels combustion and industrial processes[1].While LDCs and Small Islands Developing States bear the least historical responsibility for climate change, they are on the front lines of the climate crisis, worsening existing inequalities and creating extreme poverty.To avoid such negative effects, they should be given a special treatment concerning carbon pricing in the frame of the CBAM.LDCs, as defined by the UN, are granted an exemption period from CBAM to avoid any additional burden that would prevent them from efficiently and swiftly achieve their climate transition towards climate neutrality.This exemption should be carefully monitored through market surveillance by the Commission to avoid circumvention. [1] “Smallest footprints, largest impacts: Least developed countries need a just sustainable transition”, UNCTAD, 2019, https://unctad.org/fr/node/34943
Amendment 22 #
2021/0214(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) This Regulation should apply to goods imported into the customs territory of the Union from third countries, except where their production has already been subject to the EU ETS, whereby it applies to third countries or territories, or to a carbon pricing system fully linked with the EU ETS. This Regulation should also not apply to third countries classified as “least-developed” by the United Nations.
Amendment 32 #
2021/0214(COD)
Proposal for a regulation
Recital 55
Recital 55
(55) As the CBAM aims to encourage cleaner production processes, the EU stands ready to work with low and middle- income countries towards the de- carbonisation of their manufacturing industries. Moreover, the Union should support less developed countries with the necessary technical assistance in order to facilitate their adaptation to the new obligations established by this regulation and provide them. with the necessary technical assistance and with the sharing or GHG-abating technology in order to facilitate their adaptation to the new obligations established by this regulation. Least Developed Countries have limited capacity to decarbonise their industries, and compliance with the CBAM obligations would be highly demanding for them. Moreover, manufacturing capacities and associated emissions in those countries are negligible on a global scale. In order not to place a disproportionate burden on those countries, and in line with the ‘common but differentiated responsibility’ principle, as stated in Art 2. 2. of the Paris agreement, the CBAM will not apply to them. However, to prevent risks of circumvention, the Commission will set up a market surveillance monitoring system and will take measures, where appropriate.
Amendment 37 #
2021/0214(COD)
Proposal for a regulation
Recital 55 a (new)
Recital 55 a (new)
(55 a) Revenues from the CBAM should flow into the general budget of the Union and should constitute internal assigned revenue for the purpose of Article 21(3) of the Financial Regulation. To further ensure that the aim of the CBAM is solely to reduce global carbon emission, those new resources should contribute to supporting the implementation of the Green Deal by stepping up the Union’s contribution to international climate finance and help to Least Developed Countries.
Amendment 43 #
2021/0214(COD)
1. This Regulation establishes a carbon border adjustment mechanism (the ‘CBAM’) for addressing greenhouse gas emissions embedded in the goods referred to in Annex I, upon their importation into the customs territory of the Union, in order to prevent thereduce global carbon emissions and support the implementation of the goals of the Paris Agreement by preventing any risk of carbon leakage.
Amendment 47 #
2021/0214(COD)
Proposal for a regulation
Article 2 – paragraph 3
Article 2 – paragraph 3
3. By way of derogation from paragraphs 1 and 2, this Regulation does not apply to goods originating in countries and territories listed in Annex II, Section A and in Least Developed Countries (LDCs) as designated by the United Nations.
Amendment 48 #
2021/0214(COD)
Proposal for a regulation
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
Amendment 52 #
2021/0214(COD)
Proposal for a regulation
Article 27 – paragraph 5
Article 27 – paragraph 5
5. Where the Commission, taking into account the relevant data, reports and statistics, including when provided by the customs authorities of Member States, has sufficient reasons to believe that the circumstances referred to in paragraph 32 are occurring in one or more Member States, it can proceed according to the following options: (a) it is empowered to adopt delegated acts in accordance with Article 28 to supplement the scope of this Regulation as necessary in order to include slightly modified products for anti-circumvention purposes. additional products for anti-circumvention purposes and if necessary it may adopt a new legislative proposal; (b) if in particular the practices of circumvention referred to in point (c) of paragraph 2 materialise in a Least Developed Country, the Commission may, if appropriate, temporarily remove the relevant exemption from the CBAM referred to in paragraph 3 of Article 2; (c) in particular for the practices of circumvention referred to in point (d) of paragraph 2, the Commission shall introduce a tariff-rate quota based on export levels during the three preceding years. Beyond the level set by the tariff- rate quota, the exemption from the CBAM for the country in question shall cease to apply.
Amendment 85 #
2021/0104(COD)
Proposal for a directive
Recital 4
Recital 4
(4) In its resolution on sustainable finance of 29 May 201843 , the European Parliament called for the further development of non-financial reporting requirements in the framework of Directive 2013/34/EU. In its resolution on sustainable corporate governance of 17 December 202044 , the European Parliament welcomed the Commission’s commitment to review Directive 2013/34/EU and expressed the need to set up a comprehensive Union framework on non-financial reporting that contains mandatory Union non-financial reporting standards. The European Parliament called for the expansion of the scope of the reporting requirements to additional categories of undertakings for the identification of high-risk sectors of economic activity with a significant impact on sustainability matters that could justify the inclusion of small and medium sized enterprises (SMEs), and for the introduction of an audit requirement. _________________ 43 2018/2007(INI). 44 A9-0240/2020 (INI).
Amendment 86 #
2021/0104(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4 a) The list of high risk sector included in Annex IIa of Directive 2013/34/EU is based on and inspired by the NACE Codes and build on four types of sources and evidence, namely: (1) existing Union legislation, (2) scientific evidence and data about sectors that can create particularly high levels of environmental or social harm, (3) sectors that are already considered“high-risk” under international standards and (4) sectors that are already considered “high- risk” under market or business initiatives.
Amendment 89 #
2021/0104(COD)
Proposal for a directive
Recital 8
Recital 8
(8) The ultimate beneficiaries of better sustainability reporting by undertakings are individual citizens and savers. Savers who want to invest sustainably will have the opportunity to do so, while all citizens should benefit from a stable, sustainable and inclusive economic system. To realise these benefits, the sustainability information disclosed in undertaking’s annual reports first has to reach two primary groups (‘users’). The first group of users consists of investors, including asset managers, who want to better understand the risks and opportunities that sustainability issues pose to their investments and the impacts of those investments on people and the environment. The second group of users consists of organisationcivil society actors, including non- governmental organisations and, social partners, indigenous people and local communities that wish to better hold undertakings to account for their impacts on people and the environment. Other stakeholders may also make use of sustainability information disclosed in annual reports to foster the comparability across market sectors on the basis of environmental merits, corporate entities should disclose the degree to which they contribute to economic activities that qualify as environmentally sustainable pursuant to Article 3 of Regulation (EU) 2020/852 on Sustainable Finance Taxonomy and fully respect the ‘do no significant harm principle pursuant to Article 17 of Regulation (EU) 2020/852. The business partners of undertakings, including customers, may rely on this information to understand, and where necessary report on, the sustainability risks and impacts through their own supply and value chains. PExperts, policy makers and environmental agencies may use such information, in particular on an aggregate basis, to monitor, verify and compare environmental, climate and social data and trends, to contribute to environmental accounts, and to inform public policy. Few individual citizens and consumers directly consult undertaking’s reports, but they may use such information indirectly such as when considering the advice or opinions of financial advisers or non-governmental organisations. Many investors and asset managers purchase sustainability information from third party data providers, who collect information from various sources, including public corporate reports.
Amendment 92 #
2021/0104(COD)
Proposal for a directive
Recital 9
Recital 9
(9) There has been a very significant increase in demand for corporate sustainability information in recent years, especially on the part of the investment community and civil society. That increase in demand is driven by the changing nature of risks to undertakings and growing investor awareness of the financial implications of these risks. That is especially the case for climate-related financial risks. Awareness of the risks to undertakings and to investments resulting from other environmental issues, in particular related to climate and biodiversity, and from social issues, including health issues, is also growing. The increase in demand for sustainability information is also driven by the growth in investment products that explicitly seek to meet certain sustainability standards or achieve certain sustainability objectives, in line with international Union commitments, notably regarding the Paris Agreement on climate change and the Convention on Biological Diversity. Part of that increase is the logical consequence of previously adopted Union legislation, notably Regulation (EU) 2019/2088 and Regulation (EU) 2020/852. Some of the increase would have happened in any case, due to fast-changing citizen awareness, consumer preferences and market practices. The COVID-19 pandemic will further accelerate the increase in users’ information needs, in particular as it has exposed the vulnerabilities of workers and of undertaking’s due diligence along the whole supply and value chains. Information on environmental impacts is also relevant in the context of mitigating future pandemics with human disturbance of ecosystems increasingly linked to the occurrence and spread of diseases.
Amendment 95 #
2021/0104(COD)
(11) The report on the review clause of the Non-Financial Reporting Directive (Directive 2014/95/EU), and its accompanying fitness check on corporate reporting, identified problems as to the effectiveness of that Directive48 . There is significant evidence that many undertakings do not disclose material information on all major sustainability- related topics, in particular regarding most exposed sectors to environmental criminality, such as timber, fishing and mining, including in their activities in third countries. The report also identified as significant problems the limited comparability and reliability of sustainability information. Additionally, many undertakings from which users need sustainability information are not obliged to report such information, which underlines the need for a robust and affordable monitoring, reporting and verification framework and effective auditing within corporate sustainability reporting to ensure the reliability of data and avoid off-setting, greenwashing and/or double accounting. _________________ 48 Publication office: please insert reference to Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee on the review clauses in Directives 2013/34/EU, 2014/95/EU, and 2013/50/EU, and accompanying SWD- Fitness Check.
Amendment 97 #
2021/0104(COD)
Proposal for a directive
Recital 12
Recital 12
(12) In the absence of policy action, the gap between users’ information needs and the sustainability information reported by undertakings is expected to grow. This gap has significant negative consequences. Investors are unable to take sufficient account of sustainability-related risks and opportunities in their investment decisions. The aggregation of multiple investment decisions that do not take adequate account of sustainability-related risks has the potential to create systemic risks that threaten financial stability. The European Central Bank and international organisations such as the Financial Stability Board have drawn attention to those systemic risks, in particular in the case of climate. Investors are also less able to channel financial resources to undertakings and economic activities that address and do not exacerbate social and environmental problems, which undermines the objectives of the European Green Deal and, the Action Plan on Financing Sustainable Growth, the objectives of the Paris Agreement on climate change and the Convention on Biological Diversity. Non- governmental organisations, social partners, communities affected by undertakings’ activities, and other stakeholders are less able to hold undertakings accountable for their impacts on people and the environment, including in their activities in third countries. This creates an accountability deficit, and may contribute to lower levels of citizen trust in businesses, which in turn may have negative impacts on the efficient functioning of the social market economy. The lack of generally accepted metrics and methods for measuring, valuing, and managing sustainability-related risks is also an obstacle to the efforts of undertakings to ensure that their business models and activities are sustainable. The lack of sustainability information also limits the ability of stakeholders, including civil society actors, trade unions, indigenous people and local communities, to enter into dialogue with undertakings on sustainability matters.
Amendment 130 #
2021/0104(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Articles 19a(1) and 29a(1) of Directive 2013/34/EU require undertakings to disclose information about five reporting areas: business model, policies (including due diligence processes implemented), the outcome of those policies, risks and risk management, and key performance indicators relevant to the business. Article 19a(1) of Directive 2013/34/EU does not contain explicit references to other reporting areas that users of information consider relevant, some of which align with disclosures included in international frameworks, including the recommendations of the Task Force on Climate-related Financial Disclosures. Disclosure requirements should be specified in sufficient detail to ensure that undertakings report information on their resilience to risks related to sustainability matters. In addition to the reporting areas identified in Articles 19a(1) and 29a(1) of Directive 2013/34/EU, undertakings should therefore be required to disclose information about their business strategy and the resilience of the business model and strategy to risks related to sustainability matters, any plans they may have to ensure that their business model and strategy are compatible with the transition to a sustainable and climate- neutral economy; whether and how their business model and strategy take account of the interests of stakeholders and the preservation of biodiversity, in particular by delivering information in sectors causing most environmental impact, such as agriculture, fishing, logging, mining and large-scale infrastructure; whether and how their business model and strategy respect and safeguard the rights and the interests of stakeholders, including workers, indigenous people and local communities and the principle of prior and informed consent; any opportunities for the undertaking arising from sustainability matters; the implementation of the aspects of the business strategy which affect, or are affected by sustainability matters; any sustainability targets set by the undertaking and the progress made towards achieving them; the role of the board and management with regard to sustainability matters; the principal actual and potential adverse impacts connected with the undertaking’s activities; and how the undertaking has identified the information that they report on. Once the disclosure of elements such as targets and the progress towards achieving them is required, the separate requirement to disclose the outcomes of policies is no longer necessary.
Amendment 134 #
2021/0104(COD)
Proposal for a directive
Recital 27
Recital 27
(27) To ensure consistency with international instruments such as the UN Guiding Principles on Business and Human Rights and the OECD Due Diligence Guidance for Responsible Business Conduct, the ILO Tripartite Declaration of Principles concerning Multinational enterprises and Social Policy (ILO Tripartite Declaration), the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and its principle of Free, Prior and Informed Consent, the due diligence disclosure requirements should be specified in greater detail than is the case in Article 19a(1), point (b), and Article 29a(1), point (b) of Directive 2013/34/EU. Due diligence is the process that undertakings carry out to identify, prevent, mitigate and remediate the principal actual and potential adverse impacts connected with their activities and identifies how they address those adverse impacts. Impacts connected with an undertaking’s activities include impacts directly caused by the undertaking, impacts to which the undertaking contributes, and impacts which are otherwise linked to the undertaking’s value chain. The due diligence process concerns the whole value chain of the undertaking including its own operations, its products and services, its business relationships and its supply chains. In alignment with the UN Guiding Principles on Business and Human Rights, an actual or potential adverse impact is to be considered principal where it measures among the greatest impacts connected with the undertaking’s activities based on: the gravity of the impact on people or the environment; the number of individuals that are or could be affected, or the scale of damage to the environment; and the ease with which the harm could be remediated, restoring the environment or affected people to their prior state.
Amendment 147 #
2021/0104(COD)
Proposal for a directive
Recital 36
Recital 36
(36) Sustainability reporting standards should take account of the Commission guidelines on non-financial reporting60 and the Commission guidelines on reporting climate-related information61 . They should also take account of other reporting requirements in Directive 2013/34/EU, including reporting on payments to governments by undertakings active i.e. in the extractive and logging industries, agriculture and fisheries, as well as other reporting requirements not directly related to sustainability, with the aim of providing the users of the reported information with a better understanding of the development, performance, position and environmental and social impact of the undertaking, by maximising the links between the sustainability information and other information reported in accordance with Directive 2013/34/EU. _________________ 60 2017/C 215/01. 61 2019/C 209/01.
Amendment 153 #
2021/0104(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Sustainability reporting standards should also take account of internationally recognised principles and frameworks on responsible business conduct, corporate social responsibility, and sustainable development, including the UN Sustainable Development Goals, the UN Guiding Principles on Business and Human Rights, the OECD Guidelines for Multinational Enterprises, the OECD Due Diligence Guidance for Responsible Business Conduct and related sectoral guidelines, the UN Global Compact, the Tripartite Declaration of Principles of the International Labour Organisation concerning Multinational Enterprises and Social Policy, the ISO 26000 standard on social responsibility, and the UN Principles for Responsible Investment. Other frameworks such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) and its principle of Free, Prior and Informed Consent should equally be taken into account.
Amendment 161 #
2021/0104(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Users need information about governance factors, including information on the role of an undertaking’s administrative, management and supervisory bodies, including with regard to sustainability matters, the composition of such bodies, and an undertaking’s internal control and risk management systems, including in relation to the reporting process. Users also need information about undertakings’ corporate culture and approach to business ethics, including anti-corruption and anti-bribery, and about their political engagements, including lobbying activities. The disclosure of these data aims at enabling investors to make better-informed decisions, improving corporate governance and accountability and contributing to containing tax evasion. Information about the management of the undertaking and the quality of relationships with business partners, including payment practices relating to the date or period for payment, the rate of interest for late payment or the compensation for recovery costs referred to in Directive 2011/7/EU of the European Parliament and of the Council62 on late payment in commercial transactions, helps users to understand an undertaking’s risks as well as its impacts on sustainability matters. Every year, thousands of businesses, especially SMEs, suffer administrative and financial burdens because they are paid late, or not at all. Ultimately, late payments lead to insolvency and bankruptcy, with destructive effects on entire value chains. Increasing information about payment practices should empower other undertakings to identify prompt and reliable payers, detect unfair payment practices, access information about the businesses they trade with, and negotiate fairer payment terms. _________________ 62Directive 2011/7/EU of the European Parliament and of the Council of 16 February 2011 on combating late payment in commercial transactions (OJ L 48, 23.2.2011, p. 1).
Amendment 163 #
2021/0104(COD)
Proposal for a directive
Recital 46
Recital 46
(46) Undertakings in the same sector are often exposed to similar sustainability- related risks, and they often have similar impacts on society and the environment. Comparisons between undertakings in the same sector are especially valuable to investors and other users of sustainability information. Sustainability reporting standards adopted by the Commission should therefore specify both information that undertakings in all sectors should disclose and information that undertakings should disclose depending on their sector of activity. Standards applicable to undertakings active, e.g. in the extractive industry and the logging of forests, should be consistent with reporting requirements of Chapter 10 of Directive 2013/34/EU and require sustainability disclosures to be made at project-level. Project-level disclosures are crucial for investors who need consistent and detailed information on projects to fully understand the impact of climate-related financial risk in the fossil fuels sector and regarding the supply of critical transition minerals. Project-level disclosure is equally crucial for communities affected by the extractive and logging industries and civil society organisations of resource-rich countries, to understand and scrutinize the benefits of the oil, gas, mining and logging industries and their environmental, social and governance impacts. Standards should also take account of the difficulties that undertakings may encounter in gathering information from actors throughout their value chain, especially from SME suppliers and from suppliers in emerging markets and economies.
Amendment 168 #
2021/0104(COD)
Proposal for a directive
Recital 47
Recital 47
(47) To meet the information needs from users in a timely manner, and in particular given the urgency to meet the information needs of financial market participants subject to the requirements laid down in the delegated acts adopted pursuant to Article 4, paragraphs 6 and 7 of Regulation (EU) 2019/2088, the Commission should adopt a first set of reporting standards by 31 October 2022. That set of reporting standards should specify the information that undertakings should disclose with regard to all reporting areas and sustainability matters, and that financial market participants need to comply with the disclosure obligations laid down in Regulation (EU) 2019/2088. The Commission should adopt a second set of reporting standards at the latest by 31 October 2023, specifying complementary information that undertakings should disclose about sustainability matters and reporting areas where necessary, and information that is specific to the sector in which an undertaking operates. Standards for high-impact undertakings active in sectors where sustainability risks are the most severe should be developed as a priority, in particular undertakings active in the extractive industry, the manufacture of wearing apparel, large- scale crop, animal production and seafood industry. The Commission should review the standards every 3 years to take account of relevant developments, including the development of international standards.
Amendment 171 #
2021/0104(COD)
Proposal for a directive
Recital 47 a (new)
Recital 47 a (new)
(47 a) Undertakings in high-carbon sectors such as extractive and fossil fuel industry, should take into account the relevant sectoral guidance from the IPCC and the International Energy Agency. Undertakings active in the extractive industry as defined in Article 41(1) of Directive 2013/34/EU should thus be subject to additional sustainability disclosure requirements. Those undertakings have high market capitalization, drive economic growth across the world and are an important source of government revenues in many countries. They also have a huge ecological footprint in terms of greenhouse gas emissions, pollution, biodiversity loss and human health. Extractive activities can also fuel corruption, conflict and threaten human rights when safeguards are not met or if projects are poorly managed. While the fossil fuel industry is a major cause of climate change, the energy transition brings new environmental challenges in a global context of growing demand for raw materials due to population growth, industrialisation, decarbonisation of transport, energy systems and other industrial sectors, increasing demand from developing countries and new technological applications. Without addressing the resource implications of low-carbon technologies, there is a risk that shifting the burden of curbing emissions to other parts of the economic chain may simply cause new environmental and social problems, such as heavy metal pollution, habitat destruction, or resource depletion in third countries. European capital markets are particularly exposed to these climate- related risks, which will significantly impact upon extractive industry stakeholders in producing countries. While Union's future demand of primary critical raw materials will continue to be largely met by imports also in the medium to long term, the Union has a responsability to promote responsible and sustainable mining practices.
Amendment 173 #
2021/0104(COD)
Proposal for a directive
Recital 47 b (new)
Recital 47 b (new)
(47 b) Undertakings active in the extractive industry should be required to publish the contracts and other documents upon which these projects are based. Given the changes that will be brought by the energy transition, availability of the terms governing resource extraction will be key to understanding how risks and benefits will be shared between companies, communities and governments. According to the International Monetary Fund, contract transparency in the extractive industries has become a global norm, and the practice was made a requirement under the 2019 Extractive Industries Transparency Initiative standard—the main global standard for transparency in the extractive industries. There are already over 49 countries around the world that have disclosed contracts and at least 30 with laws requiring them to do so. Contract disclosure is supported by leading extractives industry companies and has been endorsed by private sector forums including the International Council on Mining and Metals. Leading development finance institutions including the World Bank’s IFC and MIGA already require private sector clients developing extractive resources to publish contracts. The EBRD has the same requirements for hydrocarbons development. The IMF, the UN, the International Bar Association and the OECD have endorsed the practice.
Amendment 184 #
2021/0104(COD)
Proposal for a directive
Recital 70 a (new)
Recital 70 a (new)
(70 a) Undertakings should be required to consistently report on projects which are based on ‘substantially interconnected’ legal agreements to address weaknesses, including identification of governments, project definition and joint ventures, identified by the Commission in its report on the review clause in Article 48 of Directive 2013/34/EU[1]. Reporting on each project varies across companies, making it difficult to have a complete and consistent overview of projects involving several companies. Investors managing risk and citizens holding governments to account require consistency in the identification of projects involving substantially interconnected legal agreements in order to progress sustainability objectives. Improved reporting on joint ventures is needed given the prevalence of such structures in the oil, gas and mining industry. Without improved joint venture reporting, major payments to governments risk being hidden from view. Payments to governments for the purchase of oil, gas and minerals by undertakings active in physical trading are now a commonly recognized payment stream within the EITI framework and should be added as a payment category. [1] REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE on the review clauses in Directives 2013/34/EU, 2014/95/EU, and 2013/50/EU, COM/2021/199 final, 21 April 2021.
Amendment 192 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2013/34/EU
Article 1 – paragraph 3 (a) – new
Article 1 – paragraph 3 (a) – new
3 a. A list of high-risk sectors is included in Annex IIa which shall be reviewed and modified by the Commission, as appropriate, through a delegated act every three years. This review shall take into account existing Union sector-specific legislation and sector-specific disclosures in recognised international reporting frameworks.
Amendment 197 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – point 20a (new)
Article 2 – point 20a (new)
(20 a) ‘high risk sectors’ are those sectors of economic activity likely to have severe impacts on the environment, human rights and the rule of law and good governance systems of countries, regions and territories where the undertaking or its supply chains operate and is listed in Annex IIa;
Amendment 199 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – point 20 b (new)
Article 2 – point 20 b (new)
(20 b) 'high-risk undertaking' means an undertaking active in one or more of the high-impact sectors listed in Annex IIa;
Amendment 203 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2013/34/EU
Article 2 – point 20 c (new)
Article 2 – point 20 c (new)
(20 b) (20 c) 'severe impacts' are adverse impacts on people, their fundamental human rights and the environment connected to the undertaking's value chain by its own operations, its products and services, its business relationships, its subsidiaries, and its supply chain, based on the gravity of the impact on the sustainability matter, the number of individuals that are or could be affected, or the scale of the damage to the environment; the ease with which the harm could be remediated, restoring the environment or affected people to their prior state; and which cause the greatest harm relative to other impacts the undertaking has identified.
Amendment 223 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19(a) – paragraph 2 – point b
Article 19(a) – paragraph 2 – point b
(b) a description of the time-bound, short, medium and long-term targets related to sustainability matters set by the undertaking and of the progress the undertaking has made towards achieving those targets; with respect to the undertaking’s principle risks and opportunities, whether such targets are science-based alongside corresponding evidence, and of the progress the undertaking has made towards achieving those targets including: (i) a clearly defined path to reach the targets and corresponding timeframes; (ii) the methods, main data and rationale used in setting these targets which must uphold the principle of ‘do no significant harm’ within the meaning of Article 17 of Regulation(EU) 2020/852; (iii) targets to be reviewed by independent scientific reviewers, and made available to the general public including information on how and to what extent the undertaking is aligned with the broader strategy that qualify as 'environmentally sustainable' pursuant to Regulation (EU) 2020/852; (iv) the reasons explaining the impossibility or failure to reach intermediary and final targets;
Amendment 227 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19(a) – paragraph 2 – point c
Article 19(a) – paragraph 2 – point c
(c) a description of the role of the administrative, management and supervisory bodies with regard to sustainability matters;sustainability matters, including: (i) the extent to which these bodies shall take into consideration sustainability matters and, where appropriate, the resources at their disposal in order to do so; (ii) the consistency of the remuneration schemes of their members with the company's sustainability strategy; (iii) discussions on the results of the due diligence process implemented with regard to sustainability matters and on adverse effects, as well as involvement and exchanges with the different stakeholders affected by the identified impacts; (iv) discussions on the principal risks to the undertaking and opportunities for the undertaking with regard to sustainability matters; (v) the process set up to oversee the implementation of the undertaking’s strategy related to sustainability matters; (vi) expertise on sustainability matters of the members of the administrative, management and supervisory bodies; (vi) the matters addressed by these bodies during the reporting period
Amendment 236 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – point e – sub–point ii
Article 19a – paragraph 2 – point e – sub–point ii
(ii) the principal actual or potential adverse impacts connected with the undertaking’s supply and value chain, in particular as identified through the due diligence process, including its own operations, its products and services, its business relationships and its supply chain, including with regard to: - all people affected by those impacts with particular attention to persons who frequently face discrimination or are in a vulnerable situation, such as women, children, minorities, indigenous people, persons experiencing poverty or social exclusion, LGBTIQ persons, persons with disabilities ; - the effect of the undertaking’s business policies, practices and decisions on the identified issues, including of the undertaking’s purchasing policies and practices ;
Amendment 249 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19(a) – point 3
Article 19(a) – point 3
Amendment 295 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
(iii) waterthe sustainable use and protection of water, soil and marine resources;
Amendment 310 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19 b – point 2
Article 19 b – point 2
(iii) respect for the human rights, fundamental freedoms, democratic principles and standards established in the International Bill of Human Rights and other core UN human rights conventions, the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work and the ILO fundamental conventions and the Charter of Fundamental Rights of the European Union, the UN Guiding Principles on Business and Human Rights, the European Convention on Human Rights and its additional protocols, the UNECE Convention on Access to Information, Public Participation in Decision Making and Access to Justice in Environmental Matters (Aarhus Convention) the UN Declaration on the Rights of Indigenous People (UNRIP ) and its principle of Free, Prior and Informed Consent, the ILO Indigenous and Tribal People Convention, 1989, and Resolution 48/13 adopted by the Human Rights Council on the 8 October 2021 on the human right to a clean, healthy environment.
Amendment 361 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
(i) the due diligence process implemented with regard to sustainability matters including with regard to: - identification, assessment and prioritisation of actual and potential adverse impacts; - policies and measures for the prevention, cessation, mitigation or remediation of actual or potential adverse impacts; - tracking of the implementation of the process and its results; - identification and involvement of all adversely affected people; - alert mechanisms as well as complaints and grievances, including how they are received and used by different stakeholders and affected people; - the different actors involved in the development, implementation, monitoring and evaluation of the process at different stages, and the human, informational and financial resources available to them; - how the due diligence process complies with international standards and duty of care of the company concerning all matter related to sustainability;
Amendment 365 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Directive 2013/34/EU
Article 29(a) – point 2
Article 29(a) – point 2
(ii) the principal actual or potential adverse impacts connected with the group’s value chain, including its own operations, its products and services, its business relationships and its supply chain; including with regard to: - all people affected by those impacts with particular attention to persons who frequently face discrimination or are in a vulnerable situation, such as women, children, minorities, indigenous people, persons experiencing poverty or social exclusion, LGBTIQ persons or persons with disabilities; - the effect of the undertaking’s business policies, practices and decisions on the identified issues, including of the undertaking’s purchasing policies and practices;
Amendment 390 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 10 b (new) Directive 2013/34/EU
Article 1 – paragraph 1 – point 10 b (new) Directive 2013/34/EU
(10 b) Article 41 is amended as follows: (a) point (1) is replaced by the following: (1) ‘undertaking active in the extractive industry’ means an undertaking with any activity involving the exploration, prospection,discovery, development, extraction, or the physical trading of minerals, oil, natural gas, or other materials, within the economic activities listed in Section B, Divisions 05 to 08 and Section G, Divisions46.71 and 46.72 of Annex I to Regulation (EC)No 1893/2006 of the European Parliament and of the Council of 20 December 2006establishing the statistical classification of economic activities NACE Revision 2.
Amendment 412 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12 a (new) Directive 2013/34/EU
Article 1 – paragraph 1 – point 12 a (new) Directive 2013/34/EU
(12 a) the following Annex is inserted: Annex II a: LIST OF SECTORS REFERRED TO IN POINT (21) OF ARTICLE 2 A- Agriculture B- Fishing C- Forestry D- Food E- Construction F- Mining and Quarrying G- Manufacturing and industrial production H- Logistics, Transportation and Storing I- Electricity, Gas, Steam, and Air Conditioning Supply J- Water supply, Sewerage and Waste Management K- Employment Activities L- Garment and Retail M- Health Care, Social Care and Elder Care N- Cleaning and Household Services 0-Hospitality P- Financial and Insurance Activities Q- Technology, Digital Activities and Online Platforms
Amendment 14 #
2020/2215(INI)
Motion for a resolution
Citation 5
Citation 5
— having regard to the 2030 Agenda for Sustainable Development, which was adopted on 25 September 2015 and entered into force on 1 January 2016, and in particular to Sustainable Development Goals (SDGs) 3, 5, 16 and 16the related indicators,
Amendment 21 #
2020/2215(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to CEDAWto the Convention on the Elimination of All Forms od Discrimination Against Women (CEDAW) and its General Recommendations No. 21 (1994), No. 24 (1999), No. 28 (2010), No. 33 (2015) and No. 35 (2017),
Amendment 22 #
2020/2215(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to CEDAWthe Convention on the Elimination of All forms of Discrimination Against Women (CEDAW) and its General Recommendations No. 21 (1994), No. 24 (1999), No. 28 (2010), No. 33 (2015) and No. 35 (2017),
Amendment 27 #
2020/2215(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the elimination of harmful practices such as female genital mutilation (FGM) and early and forced child marriage; is extremely concerned that more than 200 million girls and women worldwide have been forced to undergo FGM; calls for full access to physical and psychological care by interculturally sensitive and trained personnel; calls on the Commission to examine the synergies between the internal and external EU programmes to ensure a coherent long- term approach to stop FGM both within and outside the EU, given that the issue is inherently linked to other parts of the world;
Amendment 40 #
2020/2215(INI)
Motion for a resolution
Citation 15 a (new)
Citation 15 a (new)
- having regard to the decision of the CEDAW Committee in the case S.F.M. v. Spain of 28 February2020, UN. Doc. CEDAW/C/76/D/188/2018,
Amendment 41 #
2020/2215(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 18 October 2017 on promoting the human rights of and eliminating discrimination against intersex people,
Amendment 42 #
2020/2215(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Insists that CSE programmes are important as they provide age-appropriate information about puberty, the menstrual cycle, pregnancy and childbirth in particular contraception, prevention of HIV and STIs; recalls the role of non- governmental organisations as service providers and advocates for SRHR; underlines that CSE programmes help prevent early pregnancy and marriage, which lead to girls dropping out of school; calls on CSE programmes to also focus on interpersonal relationships, sexual orientation, gender equality, consent and the prevention of gender-based violence;
Amendment 43 #
2020/2215(INI)
Motion for a resolution
Citation 16 b (new)
Citation 16 b (new)
- having regard to the report of the Council of Europe’s Committee on Equality and Non-Discrimination of 22 April 2015 on discrimination against transgender people in Europe,
Amendment 55 #
2020/2215(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regard to its resolution of 14 February 2019 on the rights of intersex people;1a _________________ 1a Texts adopted, P8_TA(2019)0128
Amendment 63 #
2020/2215(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls for the Gender Action Plan III to give more prominence to its SRHR thematic policy area given the tremendous impact of the COVID-19 pandemic on women and girls in developing countries; underlines the importance of strengthening the promotion of the right of every individual to have full control over, and decide freely and responsibly on matters related to their sexuality and sexual and reproductive health;
Amendment 75 #
2020/2215(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the EU to secure adequate and well-targeted funding for SRHR in its development cooperation policy; reiterates its call for at least 85% of ODA funded programmes, in the NDICI, to have gender equality and women’s and girls’ rights and empowerment as a significant objective, as defined by the OECD-DAC;
Amendment 78 #
2020/2215(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on the EU to facilitate the integration of comprehensive programmes on SRHR into national strategies and policies of partner countries as recommended by the International Conference on Population and Development (ICPD) Programme of Action and SDG 5;
Amendment 78 #
2020/2215(INI)
Motion for a resolution
Citation 38 b (new)
Citation 38 b (new)
- having regard to its resolution of 26 November 2020 on abortion rights in Poland,
Amendment 82 #
2020/2215(INI)
Motion for a resolution
Citation 38 f (new)
Citation 38 f (new)
- having regard to the report of the European Institute for Gender Equality of 22 November 2019 on Beijing +25 – The 5th Review of the Implementation of the Beijing Platform for Action in the EU Member States,
Amendment 83 #
2020/2215(INI)
Motion for a resolution
Citation 38 g (new)
Citation 38 g (new)
- having regard to the Commission communication of 5 March 2020 entitled ‘A Union of Equality: Gender Equality Strategy 2020-2025’ (COM(2020)0152),
Amendment 84 #
2020/2215(INI)
Draft opinion
Paragraph 8
Paragraph 8
8. Emphasises that SRHR services should be gender-responsive, rights-based, youth-friendly and available to all, regardless of age or marital status, including during conflicts and disasters; calls on the Commission and Member States to reinforce its gender equality perspective in its humanitarian actions; recalls with concern that most unmet needs for sexual and reproductive health services are among adolescents, unmarried people, LGBTIQ people, persons with disabilities, minority ethnic groups, and the rural and urban poor;
Amendment 87 #
2020/2215(INI)
Motion for a resolution
Citation 38 k (new)
Citation 38 k (new)
- having regard to the statement by UNFPA entitled ‘Millions more cases of violence, child marriage, female genital mutilation, unintended pregnancy expected due to the COVID 19 pandemic’, published on 28 April 2020,
Amendment 91 #
2020/2215(INI)
Motion for a resolution
Citation 38 o (new)
Citation 38 o (new)
- having regard to WHO`s Global Strategy to Accelerate the Elimination of Cervical Cancer,
Amendment 96 #
2020/2215(INI)
Motion for a resolution
Recital A
Recital A
A. whereas sexual and reproductive health (SRH) is a state of physical, emotional, mental and social well-being in relation to all aspects of sexuality and reproduction, not merely the absence of dysfunction, infirmity or mortality, and whereas all individuals have a right to make decisions governing their bodies8 , free from discrimination, coercion and violence, and to access SRH services that support that right and give a positive approach to sexuality and reproduction, as sexuality is an integral part of human existence; _________________ 8 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
Amendment 98 #
2020/2215(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses the need to ensure access to adequate WASH infrastructure in schools to ensure sexual and reproductive health, whether in relation to contraception, pregnancy, childbirth, abortion, sexually transmitted diseases or menstrual hygiene.
Amendment 113 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity, privacy and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; have safe sexual experiences, decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary and how many children; have access over their lifetime to the information, resources, services and support necessary to achieve all of the above free from discrimination, coercion, exploitation and violence;
Amendment 116 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
B. whereas sexual and reproductive health and rights (SRHR) are based on the rights of all individuals to have their bodily integrity and personal autonomy respected; definhave their sexual orientation and gender identity fully respected; decide whether, with whom and when to be sexually active; decide whether, when and who to marry and when, whether and by what means to have a child or children; have access to the information and support necessary to achieve all of the above9 ; _________________ 9 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary
Amendment 127 #
2020/2215(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. whereas gender-based violence is widespread and has been exacerbated by the Covid-19 pandemic; whereas an estimated 25 percent of women experience some form of gender based violence in their lifetimes and countless women experience sexual assault and harassment in the context of intimate partnerships and public life due to entrenched gender stereotypes and the resulting social norms;
Amendment 139 #
2020/2215(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas gender-based violence is widespread and has been exacerbated by the Covid-19pandemic; whereas an estimated 25 percent of women experience some form of gender based violence in their lifetimes and countless women experience sexual assault and harassment in the context of intimate partnerships and public life due to entrenched gender stereotypes and the resulting social norms;
Amendment 146 #
2020/2215(INI)
Motion for a resolution
Recital E
Recital E
E. whereas although the EU has some of the highest SHRHR standards in the world, there are still challenges, a lack of access, gaps and inequalities and some Member States have implemented policies and programmes that uphold SRR, there are still challenges, a lack of access and affordability, gaps, disparities and inequalities in the realisation of SRHR, both across the EU and within Member States, based on age, sex, gender, race, ethnicity, class, religious affiliation or belief, marital status, socio-economic status, disability, HIV (or sexually transmitted infections, STIs) status, national or social origin, legal or migration status, language, sexual orientation or gender identity;
Amendment 151 #
2020/2215(INI)
Motion for a resolution
Recital F
Recital F
F. whereas SRHR challenges and obstacles include: a lack of access, denial of medical care based on personal beliefs, gender-based violence, gynaecological and obstetric violence, a lack of comprehensive sexuality education, denial of access to information/education, a lack of available contraception methods, limited access to medically assisted reproduction treatments, forced sterilisation, including in the context of legal gender recognition, high rates of STIs and HIV, disparities in maternal mortality, high adolescent pregnancy rates, harmful gender stereotypes and practices such as female and intersex genital mutilation, early, forced and child marriages and honour killings; , honour killings and so-called “conversion therapy” practices, which can take the form of sexual violence such as “corrective rape” on lesbian and bisexual women and girls, as well as transgender persons; whereas the enjoyment of SRHR for LGBTI persons may be severely hindered due to the omission in sexual education curricula of the diversity of sexual orientation, gender identity, expression and sex characteristics;
Amendment 161 #
2020/2215(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Amendment 164 #
2020/2215(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas in certain circumstances transgender men and non-binary persons may also undergo pregnancy and should, in such cases, benefit from measures for pregnancy and birth-related care without discrimination on the basis of their gender identity;
Amendment 166 #
2020/2215(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the unavailability of scientifically accurate informand evidence-based information and education violates the rights of individuals to make informed choices about their own SRHR; and undermines healthy approaches to sexuality, family planning and gender equality;
Amendment 182 #
2020/2215(INI)
Motion for a resolution
Recital I
Recital I
I. whereas comprehensive sexuality education facilitates informed reproresponsible sexual behaviour, including reduced risk-taking, and increased use of condoms and other forms of contraception ; whereas according to the UNESCO International technical guidance on sexuality education, curriculum-based programmes on comprehensive sexuality educative choices; on (CSE) enables children and young people to develop accurate knowledge, attitudes and skills, including respect for human rights, gender equality, consent and diversity that contribute to safe, healthy, and respectful relations; whereas such education empowers children and young people as it provides with evidence and age-appropriate information on sexuality, addressing sexual and reproductive health issues, including, but not limited to: sexual and reproductive anatomy and physiology; consent, puberty and menstruation; reproduction, modern contraception, pregnancy and childbirth; STIs, including HIV and AIDS; andharmful practices such as child early and forced marriage (CEFM) and femalegenital mutilation (FGM); whereas still most adolescents do not have access to CSE ; whereas age-appropriate CSE, in this regard, is key to building children’s and young peoples’ skills to form healthy, equal, nurturing and safe relationships, notably by addressing gender norms, gender equality, power dynamics in relationships, consent, respect for one own’s and others’ boundaries;
Amendment 208 #
2020/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas no woman should die in childbirth; and access to evidence-based, quality and affordable maternity care is a human right and must be ensured without any discrimination in all healthcare settings;
Amendment 210 #
2020/2215(INI)
Motion for a resolution
Recital L
Recital L
L. whereas no woman should die in childbirth and evidence-based maternity, pregnancy and birth-related care is a human right;
Amendment 218 #
2020/2215(INI)
Motion for a resolution
Recital M
Recital M
M. whereas SRHR issues are often instrumentalised by opponents of reproductive rights who appeal to national interests in order to achieve demographic objectives, thus contributing to the erosion of democracy and personal freedomopponents of sexual and reproductive rights often instrumentalise issues such as the national interest or demographic change in order to undermine SRHR, thus contributing to the erosion of personal freedoms and democracy; whereas all policies addressing the demographic change must be rights-based, people-centered, tailor- made and evidence-based, and must uphold sexual and reproductive rights;
Amendment 228 #
2020/2215(INI)
Motion for a resolution
Recital N
Recital N
N. whereas progress has been made in the areas of women’s rights and SRHR, but opponents of reproductive rights have nonetheless had an influence on national law and policyopponents of sexual and reproductive rights and women’s autonomy have had a significant influence on national law and policy with retrogressive initiatives taken in several Member States, seeking to undermine SRHR, as noted by the Parliament in its resolutions on experiencing backlash in women’s rights and gender equality in the EU and Abortion Rights in Poland, and by the European Institute for Gender Equality in its report of 22 November 2019 on Beijing +25 – The 5th Review of the Implementation of the Beijing Platform for Action in the EU Member States; whereas these initiatives and backsliding obstruct the realisation of people’s rights, countries’ development and undermines European values, fundamental rights;
Amendment 234 #
2020/2215(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
N a. whereas some member states that have legalized abortion on request or broad social grounds nonetheless still maintain specific criminal sanctions for abortions performed outside of the scope of applicable legal provisions; Whereas still there are six countries in Europe retaining highly restrictive abortion laws;
Amendment 236 #
2020/2215(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. Whereas ethnic minority, including black women and migrant women experience intersecting discrimination in relation to their enjoyment of SRHR resulting in higher rates of maternal mortality and morbidity; whereas research has shown that black women are 5 times more likely to die during childbirth than white women1a ; whereas there is a lack of substantive data around the issue of obstetric violence towards racialised women in Europe; _________________ 1a https://www.npeu.ox.ac.uk/assets/downloa ds/mbrrace-uk/reports/MBRRACE- UK%20Maternal%20Report%202019%20 -%20WEB%20VERSION.pdf
Amendment 239 #
2020/2215(INI)
Motion for a resolution
Recital N b (new)
Recital N b (new)
N b. whereas numerous reports show that, during the COVID-19 pandemic and lockdown, SRHR services were limited and/or revoked, and there is a disruption in access to essential medical services such as contraception and abortion care, HIV and STI testingand reproductive cancer screenings, and respectful maternal healthcare;
Amendment 241 #
2020/2215(INI)
Motion for a resolution
Recital N c (new)
Recital N c (new)
N c. Whereas Roma women continue to face systemic and persistent discrimination and grave violations of their sexual and reproductive rights, including ethnic segregation in reproductive health care settings, exacerbated forms of verbal, physical, and psychological violence and racial harassment, and denial of access to justice and reparations for historic practices of forced and coercive sterilization;
Amendment 243 #
2020/2215(INI)
Motion for a resolution
Recital N d (new)
Recital N d (new)
N d. whereas women with disabilities experience discrimination and violations of SRHR in many countries as a result of laws and policies that allow coercive sexual and reproductive health care practices and failures to ensure reasonable accommodation in access to quality care and information and whereas women with disabilities are also at higher risk of violence and abuse;
Amendment 244 #
2020/2215(INI)
Motion for a resolution
Recital N e (new)
Recital N e (new)
N e. whereas adolescents often face barriers in relation to SRHR due to lack of youth-friendly services;
Amendment 245 #
2020/2215(INI)
Motion for a resolution
Recital N f (new)
Recital N f (new)
N f. whereas pregnant people experience various forced and coercive medical interventions during childbirth, including physical and verbal abuse, suturing of birth injuries without pain relief, and disregard for their decisions and lack of respect for their informed consent, that may amount to violence and cruel and inhuman treatment;
Amendment 272 #
2020/2215(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Reaffirms that SRHR are key for gender equality, the elimination of gender-based violence, economic growth and development, child protection, elimination of human trafficking and poverty;
Amendment 275 #
2020/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls upon the Member States to address the persisting challenges in accessing or exercising SRHR and ensure that no person is left behind by being unable to exercise their right to healthin Europe and globally and to ensure that all persons have access to high-quality SRH services irrespective of their socio-economic circumstances, so that no one is left behind by being unable to exercise their right to health; Stresses that equal access to SRHR must be ensured for all persons, regardless of age, gender, race, ethnicity, class, caste, marital status, socio- economic status, disability, HIV (or STI) status, national origin, legal or migration status, language, sexual orientation or gender identity;
Amendment 287 #
2020/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Reaffirms the Council of Europe’s Commissioner for Human Rights call on its member states11 to guarantee sufficient budgetary provision for SRHR and ensure the availability of adequate human resources across all levels of the health system, in both urban and rural areas; identify and address legal, policy and financial barriers that impede access to good quality SRH care and integrate SRHR services into existing public health insurance, subsidisation or reimbursement schemes in order to achieve Universal Health Coverage; _________________ 11Council of Europe Commissioner for Human Rights, Women’s sexual and reproductive health and rights in Europe, Council of Europe Commissioner for Human Rights, Council of Europe, 2017, https://www.coe.int/en/web/commissioner/ women-s-sexual-and-reproductive-rights- in-europe
Amendment 290 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls the views endorsed by the Committee of Ministers of the Council of Europe, which recommended trans- specific healthcare such as hormonal treatment and surgery to be accessible and reimbursed by public health insurance schemes;1a _________________ 1aCDDH Report on the implementation of Recommendation CM/Rec(2010)5 of the Committee of Ministers to Member States on measures to combat discrimination on grounds of sexual orientation or gender identity, ¶130, accessible at https://search.coe.int/cm/Pages/result_det ails.aspx?ObjectId=09000016809f9ba0
Amendment 292 #
2020/2215(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Stresses that in the time of the COVID-19 induced health crisis, it is essential that universalaccess to SRHR is guaranteed, in line with international human rights standards;
Amendment 297 #
2020/2215(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. 6. Calls upon the Member States to establish effective strategies and monitoring programmes that guarantee enjoyment and universal access to a full range of high-quality SRHR services; regardless of financial, practical and social barriers, and free from discrimination, with special consideration for marginalised groups of women including but not limited to women from ethnic, racial and religious minorities in Europe, migrant women, women from rural areas, women with disabilities, women without health insurance, LGBTI persons, victims of sexual and gender- based violence etc.;
Amendment 308 #
2020/2215(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Calls on the Commission and the Member States to take steps towards the collection of voluntary and anonymous data regarding SRHR including access to services and maternal mortality, disaggregated by gender, age and racial and ethnic origin;
Amendment 315 #
2020/2215(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Recalls that all medical interventions related to SRHR must be undertaken with prior, personal and fully informed consent;
Amendment 317 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Calls on Member States to without delay prohibit and take effective measures to prevent all forms discrimination against racialised women including the ethnic segregation in health facilities and to guarantee universal access to quality sexual and reproductive health care free from discrimination, coercion and abuse and to address, remedy and prevent human rights violations affecting them;
Amendment 319 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Reaffirms its call on Member States to adopt legislation ensuring that intersex persons are not subjected to non- vital medical or surgical treatment during infancy or childhood, and that their right to bodily integrity, autonomy, self- determination and informed consent is fully respected;
Amendment 322 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
Amendment 324 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Is deeply concerned that women and girls with disabilities are far too often denied access to facilities in the area of sexual and reproductive health, denied informed consent regarding the use of contraceptives and that they even face the risk of forced sterilisation; Calls on the Member States to implement legislative measures that safeguard physical integrity, freedom of choice and self- determination with regard to the sexual and reproductive life of persons with disabilities;
Amendment 326 #
2020/2215(INI)
Motion for a resolution
Subheading 2 a (new)
Subheading 2 a (new)
Access to safe, fair & circular menstrual products for all
Amendment 327 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 c (new)
Paragraph 7 c (new)
7c. Urges Member States to ensure the widespread availability of toxic-free and reusable menstrual products in particular in large retailer outlets and pharmacies across the country (at least in the same proportion to single-use items), accompanied with awareness raising measures on the benefits of reusable menstrual products compared to single- use ones;
Amendment 328 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 d (new)
Paragraph 7 d (new)
7d. Calls upon the Member States to ensure access to period education programs in schools, for all primary and secondary school children, so that menstruators can make informed choices about their period and body, including understanding all kinds of menstrual products and their associated environmental, health and social impacts;
Amendment 329 #
2020/2215(INI)
Motion for a resolution
Paragraph 7 e (new)
Paragraph 7 e (new)
7e. Urges Member States to tackle menstrual poverty by ensuring that free period products are available to anyone who needs them;
Amendment 341 #
2020/2215(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Recalls that the imparting of information should reflect the diversity of sexual orientations, gender identities, expressions and sex characteristics, so as to counter misinformation based on stereotypes or biases; calls on Member States to develop age-appropriate sexual education curricula inclusive of the former;
Amendment 407 #
2020/2215(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Underlines that all the rights afforded to women by law regarding abortion care must apply to all persons undergoing pregnancy, including transgender and non-binary persons, without discrimination on grounds of their gender identity or gender expression and in line with international human rights practices;
Amendment 410 #
2020/2215(INI)
Motion for a resolution
Subheading d
Subheading d
Maternity, pregnancy and birth-related care for all
Amendment 414 #
2020/2215(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Calls upon the Member States to adopt measures to ensure that all women and pregnant persons have access to affordable, evidence-based maternity, pregnancy and birth-related care;
Amendment 429 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 – indent 1 (new)
Paragraph 16 – indent 1 (new)
- Provision of SRHR services during the COVID-19 pandemic and in all other crisis related circumstances
Amendment 431 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon the Member States to ensure that maternity, pregnancy and birth-related care must be equally accessible to all persons undergoing pregnancy without discrimination of any kind, notably on grounds of sexual orientation or gender identity;
Amendment 433 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Calls upon Member States to ensure that all persons of reproductive age have access to fertility treatments regardless of their socio-economic circumstances, marital status, gender identity or sexual orientation;
Amendment 442 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 e (new)
Paragraph 16 e (new)
16e. Recognizes the effects that the COVID-19 pandemic has on the supply and access to contraceptives and reiterates projections of UNFPA from April 2020 which states that some 47 million women in 114 low and middle-income countries are projected to be unable to use modern contraceptives if the lockdown or supply chain disruption continues for 6 months;
Amendment 449 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 l (new)
Paragraph 16 l (new)
16l. Stresses that all above mentioned COVID-19 related notes and calls should apply for any other crisis related circumstances and calls upon Member States to ensure prioritization of SRHR services in all instances, without any discrimination;
Amendment 473 #
2020/2215(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls upon the Commissioner for Health and Food Safety to promote and protect SRHR and to include them in the next EU public health strategy; s a vital part of achieving the right to health, safety and gender equality, to monitor and promote the full implementation of SDG 3 including target 3.7 in the EU, using the UN global indicator framework; in partnership with Member States, to collect systematic, comparable, disaggregated data and conduct studies to better measure gender inequalities in health and unmet needs in access to SRH services in the EU with an intersectional perspective; to promote health information and education including on SRH; to support and harmonise national health systems and policies in order to reduce health inequalities within and between Member States; to include SRHR interventions in the EU4Health Programme, to support actions of Member States and SRHR civil society organisations in achieving full access to SRHR services through this Programme;
Amendment 481 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the nexstrongly condemn the backlash against women's rights and to develop concrete measures to counter it; Welcomes the recent EU gGender eEquality strategy&;amp; LGBTIQ strategies and calls for their effective implementation;
Amendment 484 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls upon the Commissioner for Equality to promote and protect SRHR and to include them in the next EU gender equality simplementation of the EU gender equality strategy and the EU LGBTIQ Equality Strategy;
Amendment 490 #
2020/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls upon the Commissioner for International Partnerships to uphold the European Consensus on Development and the SDGs, in particular targets 3.7,5.6 and 5.16, to ensure that SRHR remain a development priority in all EU external activities and relations, welcomes the strong language on SRHR in the new Gender Action Plan III, emphasises the need to prioritize the removal of all barriers in the access to SRHR services; calls upon the Commissioner for International Partnerships to strongly condemn the ‘global gag’ rule;
Amendment 493 #
2020/2215(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls upon the Commissioner for Promoting our European Way of Life to ensure that the new Special Envoy for Freedom of Religion and Belief be dedicated to a human-rights based approach, thus respecting sexual and reproductive health and rights and dedicated to jointly working on guaranteeing the right to health for all, in the EU and globally, without any discrimination;
Amendment 496 #
2020/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls upon the Commission to strengthen its actions to counter the backlash against women’s rights; ongly condemn the backsliding in women’s rights and strengthen its actions to counter it; calls on the Commission and Member States to step up their support for women’s rights and SRHR organisations in the EU, which are key actors for gender-equal societies, and crucial providers of SRH services and information; and notably their financial support through the Citizens, Equality, Rights and Values Programme, the funding of which should be significantly increased as asked by the European Parliament;
Amendment 500 #
2020/2215(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls upon the Commission to strengthen its actions to counter the backlash against women’s rights and SRHR;
Amendment 6 #
2020/2201(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas people between 0 and 25 years old represent one third of Europeans; whereas their voice is exceptionally important and the future of Europe is theirs;
Amendment 9 #
2020/2201(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
A b. whereas Articles 12 until 17 of the UNCRC include the civil and political rights of children and form important components of ensuring that children will be able to participate effectively in public decision-making processes;
Amendment 11 #
2020/2201(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
A c. whereas Article 24 of the EU Charter of Fundamental Rights prescribes that children may express their views freely and that such views shall be taken into consideration on matters which concern them in accordance with their age and maturity;
Amendment 14 #
2020/2201(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
A d. whereas the 2019 elections to the European Parliament showed that there is still progress to be made to increase participation of people with a racial or ethnic minority background in European elections and their representation as elected members and staff of the European parliament;
Amendment 17 #
2020/2201(INI)
Draft opinion
Recital A e (new)
Recital A e (new)
A e. whereas political rights – including the acquisition of citizenship – are a major driver for migrant inclusion.1a _________________ 1aFundamental Rights Agency, Together in the EU - Promoting the participation of migrants and their descendants, 2017.
Amendment 18 #
2020/2201(INI)
Draft opinion
Recital A f (new)
Recital A f (new)
A f. whereas the EU recognised the need to support initiatives that seek to remove institutional and structural barriers to equality, inclusion and participation of underrepresented and disadvantaged groups in society, including by promoting their role and contribution in society and demystifying the legacy of colonialism2a; _________________ 2a Some of the recognised reasons are lack of political will to facilitate and include underrepresented voters, systemic and institutionalised discrimination and polarisation, socio-economic challenges as a preliminary obstacle to political participation and insufficient financial support. https://ec.europa.eu/info/sites/info/files/eu -citzen_-_type_a_report_-_infographics_- _a4_full.pdf
Amendment 19 #
2020/2201(INI)
Draft opinion
Recital A g (new)
Recital A g (new)
A g. whereas the EU highlighted the specific challenges faced by racialised communities, including migrants and refugees, with the COVID-19 crisis, notably that the risk of rising racism and xenophobia may represent additional obstacles tot heir participation in the labour market and in society at large3a; _________________ 3a Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: A Union of equality : EU anti- racism action plan 2020-2025.
Amendment 42 #
2020/2201(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Encourages EU Member States to include children’s rights and the functioning of the EU as part of national curricula and promote engagement by young people in EU decision-making processes;
Amendment 70 #
2020/2201(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls on the Commission and the Member States to develop accessible, innovative and inclusive tools for citizens’ participation and dialogues, and to offer them a non-bureaucratic and comprehensive website or other medium, easily accessible to everyone and providing citizens with all European participatory initiatives; underlines that social media plays a crucial role, especially for children, as it is currently, even more than ever, their common place;
Amendment 75 #
2020/2201(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the EU Institutions and Member States to ensure participation by a diverse range of people and to introduce necessary measures to reduce discrimination or exclusion on the basis of gender, ethnicity, race, social status, sexual orientation, religion or disability;
Amendment 81 #
2020/2201(INI)
Draft opinion
Paragraph 7 b (new)
Paragraph 7 b (new)
7 b. Calls on the European Commission and the Member States to proactively address the under- representation of racial and ethnic minorities in public institutions and political and policy processes, including by supporting their capacity-building and empowerment, and by enhancing their representation in decision-making positions at national and European level;
Amendment 85 #
2020/2201(INI)
Draft opinion
Paragraph 7 c (new)
Paragraph 7 c (new)
7 c. Calls on the European Commission to work with European political parties, the European Cooperation Network on Elections and civil society to improve political participation; calls on the Commission to commit to this work under the European democracy action plan and the Commission’s forthcoming report on EU citizenship;
Amendment 88 #
2020/2201(INI)
Draft opinion
Paragraph 7 d (new)
Paragraph 7 d (new)
7 d. Calls for the EU to support studies on increasing participation of minorities in public and political life;
Amendment 95 #
2020/2201(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Considers that EU Member States should expressly recognise the rights of children to engage in civic action, including the rights to assemble peacefully, to associate and to express themselves; notes that information required by children to exercise these rights should be provided in a form that is easily accessible and understandable and that any barrier to the exercise of these rights should be removed;
Amendment 101 #
2020/2201(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Calls on the EU Institutions and Member States to enact laws which guarantee the rights of children to participate in all matters affecting them, including public decision-making processes; considers that law and policy should be specific and provide guidance on the format, structure, operation and evaluation of all child participatory mechanisms; stresses that sufficient financial and other resources must be made available to ensure sustainable and effective mechanisms are introduced and maintained;
Amendment 104 #
2020/2201(INI)
Draft opinion
Paragraph 8 c (new)
Paragraph 8 c (new)
8 c. Calls on the EU Institutions and Member States to facilitate direct contact between children and decision-makers and provide adequate training and support to adults engaging with children; notes that the benefits of child participation should be shared with the wider community in order to generate widespread acceptance of the practice and to transition societies to the systemic use of child participation mechanisms;
Amendment 107 #
2020/2201(INI)
8 d. Urges the EU Institutions and Member States to make provision for dedicated spaces for children to come together to participate indecision-making processes; underlines that children’s involvement should be voluntary and they should always be treated with respect; recalls that all processes should be fully transparent and clearly explained to all involved and that processes and spaces should be child-friendly, safe and sensitive to risk;
Amendment 109 #
2020/2201(INI)
Draft opinion
Paragraph 8 e (new)
Paragraph 8 e (new)
8 e. Commends child-specific consultations conducted by the European Commission and supports the set up of an EU Children’s Participation Platform in the future; welcomes the inclusion of young people in the Digital Platform and Citizens’ Panels of the Conference on the Future of Europe; urges the EU institutions to create structural ways to ensure similar engagement with children and young people in the future on a structural basis;
Amendment 111 #
2020/2201(INI)
8 f. Stresses that the EU Commission and Member States should include mechanisms for feedback, evaluation and monitoring in all official child participation mechanisms; considers that feedback should be provided directly to children in a timely manner and in a format that is easily accessible by children; advises that the evaluation of participation mechanisms should be undertaken by independent monitoring bodies and that recommendations made by such bodies and other international oversight committees should be accepted, considered and actioned where necessary;
Amendment 10 #
2020/2118(INI)
Motion for a resolution
Citation 16 a (new)
Citation 16 a (new)
- having regard to the UN Political Declaration of the High-level Meeting on Universal Health Coverage “Universal health coverage: moving together to build a healthier world” 2019,
Amendment 13 #
2020/2118(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the World Health Assembly’s resolution on Water, sanitation and hygiene in health care facilities of 28 May 2019,
Amendment 15 #
2020/2118(INI)
Motion for a resolution
Citation 18 b (new)
Citation 18 b (new)
- having regard to the UNCTAD Investment Policy Framework for Sustainable Development (2015),
Amendment 17 #
2020/2118(INI)
Motion for a resolution
Citation 18 c (new)
Citation 18 c (new)
- having regard to the UNCTAD Report “Impact of the Covid-19 Pandemic on Trade and Development. Transitioning to a New Normal (2020),
Amendment 20 #
2020/2118(INI)
Motion for a resolution
Recital -A (new)
Recital -A (new)
-A. whereas, according to the UNCTAD special report of 2020 “Impact of the Covid-19 pandemic on trade and development: transitioning to a new normal”, the disruption caused by Covid- 19 has had real and disproportionate consequences on vulnerable and disadvantaged low-income households, migrants, workers in the informal sector, and often women, notably in developing countries, where populations are not covered by social safety nets and yet are particularly affected by soaring unemployment;
Amendment 21 #
2020/2118(INI)
Motion for a resolution
Recital -A a (new)
Recital -A a (new)
-Aa. whereas the COVID-19 pandemic has increased gender-based violence, child marriages and existing inequalities, in particular in terms of access to health services, including SRHR services, and has already reversed some of the progress made on gender equality over the last decades;
Amendment 24 #
2020/2118(INI)
Motion for a resolution
Recital A
Recital A
A. whereas development and humanitarian aid isare severely underfunded, which makes it difficult to adequately address the consequences of the COVID- 19 pandemic in developing countries, in particular in countries affected by pre- existing crises;
Amendment 34 #
2020/2118(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the COVID-19 pandemic has massively impacted access to sexual and reproductive health and rights (SRHR), in particular for women and young people due to the de-prioritization and disruption in the provision of SRHR services as well as mobility restrictions and changes in health-seeking behaviours; whereas an additional 49 million women have had an unmet need for modern contraceptives because of COVID-19;
Amendment 38 #
2020/2118(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic has greatly exacerbated the existing debt problems of developing countries, further endangering their efforts at mobilizing sufficient resources to achieve the Sustainable Development Goals;
Amendment 47 #
2020/2118(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas development finance is characterised by declining level of concessionality;
Amendment 48 #
2020/2118(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
Cb. whereas for many developing countries, the economic effects of the pandemic include huge capital outflows, commodity price drops, falls in tourism income and remittances and escalating debt service costs; whereas most African countries lack the fiscal space to respond adequately to the crisis due to low domestic saving rates, low levels of domestic resource mobilisation, high illicit financial outflows, volatile commodity prices, high fiscal deficits and stagnating official development assistance; whereas, accordingly, additional efforts in terms of debt relief is urgently needed to avoid widespread defaults in developing countries and to facilitate investments in recovery and the SDGs;
Amendment 56 #
2020/2118(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas globally, two out of five people do not have access to basic handwashing at home[1]; and whereas the lack of access to water, which is essential to reduce the spread of COVID- 19, has made containing the disease in developing countries much more challenging; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 27.
Amendment 65 #
2020/2118(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas the Covid-19 pandemic highlighted the vulnerability of the global supply chain, notably in food and health, and the need to build regional value chains and boost regional integration;
Amendment 67 #
2020/2118(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas local markets and short supply chains are crucial to ensure the continuity of accessible, safe, affordable, nutritious and healthy food for all;
Amendment 71 #
2020/2118(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the COVID-19 pandemic has exacerbated human rights violations and stigma and discrimination faced by people living with HIV, LGBTI persons and other vulnerable groups, underlining the critical need for COVID-19 responses to be rooted in human rights and equality, as learned from the HIV response; whereas key populations have on occasion suffered from denied access to services or discriminatory enforcement of the COVID-19 response under lockdown orders;
Amendment 72 #
2020/2118(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas official development assistance continues to represent a critical source of external finance for some developing countries, particularly those unable to attract large foreign direct investment inflows or lacking large diaspora communities; in particular, whereas Least Developed Countries and Small Island Developing States are extremely reliant on official development assistance and, to a lesser extent, on remittances, to finance their capital accumulation;
Amendment 77 #
2020/2118(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas developing countries are particularly vulnerable to public revenue leakages arising from tax-motivated illicit financial flows; whereas recent estimates of those revenue losses in Africa, Latin America and the Caribbean account for 2.3% of their GDPs; whereas, moreover, tax-motivated illicit financial flows affect revenue raising capacity most strongly in low-income and lower middle-income countries, due to the higher proportion of corporate tax in their total revenues[1]; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 56.
Amendment 81 #
2020/2118(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas UNCTAD estimates a 20% fall in remittances in 2020 compared with 2019[1], which indicates that remittances will not provide a cushion against the downturn in international financial flows to developing countries; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 57.
Amendment 90 #
2020/2118(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the EU’s global response to the COVID-19 pandemic, which demonstrates its ambition to lead and show solidarity with all partner countries; points out, however, that current funds are essentially reallocated from other budget lines and that the challenge of aid front-loading has to be tackled; calls, therefore, for substantial new funds to be mobilised to assist developing countries worldwide in fighting the direct and indirect consequences of the COVID-19 pandemic; urges donors to rapidly scale up official development assistance to achieve levels already committed in the past but never delivered; stresses that making safe vaccines, therapeutics and diagnostics available globally in a fast and affordable manner must be one of the first steps;
Amendment 98 #
2020/2118(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Insists that the momentum gained from the common Team Europe approach in terms of joint analysis, joint programming and joint implementation must translate into a new standard for cooperation in the fields of humanitarian aid and development policy, both in law and in practice; highlights the importance of the Neighbourhood, Development and International Cooperation Instrument (NDICI) to ensure funding for human development, including the health sector, and calls on EU Delegations and Member States' embassies to prioritise human development and health in their joint programming;
Amendment 128 #
2020/2118(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. EUnderlines that the disruptions triggered by COVID-19 have shone a spotlight on the vulnerabilities of the global food system; in particular, highlights that countries that are both dependent on food imports and tourism revenues are expected to be among the most severely affected with regard to food security; emphasises the need to support i.e. the actions of the FAO and the WFP, as well as actions of local and international NGOs, aimed at mitigating hunger and loss of livelihood and building up resilient food systems, such as those to set up a global data facility for the provision of swift information on humanitarian needs, to provide food production assistance and access to food, to organise cash transfers and in-kind food distribution, to stabilise food systems, and to ensure the functioning of local food markets, value chains and systems while focusing on smallholder farmers by implementing sanitary measures in order to prevent the transmission of COVID-19;
Amendment 139 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Stresses that the COVID-19 pandemic highlights the need for food systems transformation, notably the crucial need to develop local agriculture for local consumption; calls on the EU to promote sustainability across all aspects of food supply chains, from production to consumption, in line with the Farm to Fork strategy;
Amendment 143 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls agro-ecology’s unique capacity to reconcile the economic, environmental and social dimensions of sustainability, which has been recognised by landmark reports from the Intergovernmental Panel on Climate Change and the Intergovernmental Platform on Biodiversity and Ecosystem Services and the World Bank and FAO- led International Assessment of Agricultural Knowledge, Science and Technology for Development(IAASTD); against this backdrop, reiterates that agroecology and family farming can be positioned as a systemic solution to prevent and build resilience to future shocks; urges the EU to boost investment in agro-ecology and agro-forestry, and to gradually shift away from trade-oriented agricultural policies to local and regional markets, in line with the Green Deal and its international commitments on climate change and biodiversity;
Amendment 146 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Highlights that the “One Health” approach, which combines animal, human, and environmental health, is particularly relevant to tackle threats like COVID-19, and is critical for preventing another devastating pandemic; stresses that sustainable food systems are a core element of the One Health approach, notably since healthier diets, a key outcome of sustainable food systems, would support stronger immune systems, and thereby reduce the impact of crises like Covid-19; but notes with concern that most agricultural development funding in Sub-Saharan Africa still supports Green Revolution approaches, where the use of public finances to unlock private investment opportunities (e.g. PPPs, blended finance models) mostly target export commodity production and agropoles, and is increasingly conducive to food system industrialisation, while smallholders, and particularly women, struggle in the meantime to access credit;
Amendment 148 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 d (new)
Paragraph 5 d (new)
5d. Urges the European Union to renew its financial and political commitments to end malnutrition in all its forms at the 2021 Nutrition for Growth summit as its current financial commitment ended at the end of 2020;
Amendment 149 #
2020/2118(INI)
Motion for a resolution
Paragraph 5 e (new)
Paragraph 5 e (new)
5e. Stresses that the COVID-19 crisis has amplified profound fault lines in the functioning of global value chains (GVCs) and exposed the fragility of a model characterized by high interdependencies between leading firms and suppliers located across several continents; in light of this, stresses the need to support endogenous development, based on domestic production (rather than an export-led growth model); and considers that economic diversification is key for developing countries to move towards a more sustainable and resilient economic model;
Amendment 153 #
2020/2118(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that global extreme poverty is expected to rise dramatically in 2020 for the first time in over 20 years, with the COVID-19 pandemic compounding the forces of conflict and climate change and having a particularly hard impact on informal and migrant workers (who represent one quarter of the global workforce), the tourism sector and Latin American and Caribbean economies, Caribbean and African economies; notes with concern that the International Labour Organisation (ILO) indicates that globally about 50% of countries have had no social protection responses to the crisis[1]; highlights, against the backdrop of this extreme crisis, the importance of universal social protection, labour programmes and social dialogue; asks the Commission to work out strategies with partner countries for the economic recovery and job creation and for improving social security systems; [1] Sources: UNCTAD report « The Impact of the Covid-19 Pandemic on Trade and Development : Transitioning to a New Normal” (2020), p. 27.
Amendment 165 #
Amendment 168 #
2020/2118(INI)
Motion for a resolution
Paragraph 6 b (new)
Paragraph 6 b (new)
6b. Emphasises that refugees and forcibly displaced people are among the most vulnerable people in the world and, due to the massive and complex emergency they were already facing before Covid-19, they are disproportionately affected by the impact of the pandemic crises;
Amendment 170 #
2020/2118(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to address the specific needs of refugees, migrants and Internally Displaced Persons (IDPs) upholding the guiding principle of public health networks of leaving no-one behind and refraining from blockingcontributing to facilitating access to front-line humanitarian workers from havingto ensure direct contact with the migrants, IDPs and refugees they serve; recalls with concern that refugees, migrants and IDPs are among the most vulnerable populations facing this health crisis, as they are often confronted with precarious living conditions and may face more difficult access to basic health services than local populations; stresses the absolute need for equal access to COVID-19 treatment, and other health services and safety net programmes for all affected people, regardless of nationality, migrant/refugee/IDP status, origin, sex, gender identity or any other characteristic in order to avoid them being disproportionately affected by the pandemic and to avoid their further stigmatisation;
Amendment 176 #
2020/2118(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Urges the Commission to address the specific needs of refugees, upholding the guiding principle of public health networks of leaving no-one behind and refraining from blocking front-line humanitarian workers from having direct contact with the migrants and refugees they serve; stresses the absolute need for equal access to COVID-19 treatment and other health services and safety net programmes, particularly HIV and TB prevention and treatment services, for all affected people, regardless of nationality, migrant/refugee status, origin, sex, gender identity or any other characteristicsexual orientation, gender identity, gender expression, sex characteristics or any other characteristic, so as to avert reversal in gains made on existing epidemics;
Amendment 184 #
2020/2118(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. CUnderlines that development aid should primary be dedicated to deliver - “horizontal” - universal health care system coverage through a holistic and rights-based approach, which entails i.a. to fully address the multidimensional nature of health (with close links to gender, food security and nutrition, water and sanitation, education and poverty), along the line of “One Health” approach; in particular, calls for the revision of proposed or existing strategies and partnerships with the aim of further strengthening health systems in partner countries, in particular as regards preparedness for pandemics and the organisation and management of health systems, including the provision of universal healthcare (including mental health), health monitoring and information, training of medical staff, diagnostic capacity and medicine supply;
Amendment 220 #
2020/2118(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that traditional medicine is culturally entrenched, accessible, and affordable, and serves as a primary source of healthcare for more than 80% of the population across the African continent; stresses the need to harness the potential contribution of traditional and complementary medicines to provide traditional medical therapies that are affordable and safe for public health, including to face important sanitary crises such as COVID-19; encourages African governments to give formal recognition to traditional medicine to create an enabling environment for its practice in its health systems;
Amendment 223 #
2020/2118(INI)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that a more equitable distribution of vaccines around the globe is essential to combat effectively the spread of the COVID-19 and its mutation; recalls equally that COVID-19 medical tools should be affordable, safe, effective, easily administered and universally available for everyone and everywhere to be considered a “global public goods”;
Amendment 224 #
2020/2118(INI)
Motion for a resolution
Paragraph 10 c (new)
Paragraph 10 c (new)
10c. Reaffirms that the Human Right to Health takes precedence over the rules of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS); recalls the Doha Declaration on the TRIPS Agreement and Public Health affirms the right of developing countries to use to the full the flexibility provisions in the TRIPS Agreement to protect public health and, in particular, provide access to medicines for all; urges the EU to support third countries, in particular LDCs, in the effective implementation of flexibilities for the protection of public health provided for in the TRIPS agreements, such as compulsory licencing and parallel imports, in order to remedy abusive use of intellectual property protections that lead to monopolistic positions of patent holders; in addition, calls on the EU and its Member States to support the call for a waiver by India, South Africa, Kenya and Eswatini on the implementation of some provisions of the WTO’s TRIPS Agreement, namely covering copyright, industrial designs and undisclosed information, for combating the COVID-19 pandemic, with a view to facilitating an effective technology transfer for COVID-19 related vaccines, therapeutics or diagnostic tests and ensure global access to these products;
Amendment 228 #
2020/2118(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the especially severe consequences of COVID-19 lockdowns and quarantine measures and the collateral damage that has been suffered by women, girls and children, in particular the rise in gender-based violence and limited access to health services, including SRHR services, but also the exposure of women to COVID-19 due to their disproportionately high representation in the global health workforce and the informal working sector which is prominent in developing countries; highlights that, also within the EU, in particular women from diaspora communities tackle negative effects on their own livelihood and context-sensitive investments via remittances towards developing countries; calls for action to counterbalance the disproportionate care burden borne by women and any potential roll-backs in safety, health, emancipation, economic independence and empowerment, and education, through specific programmes such as the spotlight initiative and by re- focusing European support; calls on stepping up efforts to better prevent and address domestic violence through relevant services such as the provision of lifesaving medical treatment, social and psychological support, access to sexual and reproductive health services and legal representation for the victims; calls for meaningful participation of women in the decisions that impact their health and working lives; underlines the need to include the gender perspective in the EU’s COVID-19 response, to advocate for inclusive decision-making bodies and collect sex- and age-disaggregated data for gender analysis;
Amendment 237 #
2020/2118(INI)
6a. Reminds that the economic and social effects of the pandemic are proving to disproportionately affect women and risk reversing decades of progress on gender equality and women’s empowerment; to address this challenge and ensure a sustained recovery, urges the EU and its Member States to upgrade its external support to i.e. enhancing the voice and participation of women in decision-making processes; improving education and training for women; removing discrimination in access to credit and enacting laws against gender- based violence;
Amendment 240 #
2020/2118(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is concerned that, since the beginning of the COVID-19 crisis, many governments have used the emergency to justify placing restrictions on democratic processes and the civil space and to oppress minorities; in particular, condemns censorship, arrests and intimidation of journalists, opposition figures, healthcare workers and other individuals for criticizing governments including their crisis management; more broadly, draws attention to the growing negative impact of COVID-19 on all human rights, democracy and the rule of law and calls, therefore, for the strengthening of aid, political dialogue and support for institution-building in all these fields, with particular attention to human rights defenders and civil society activists;
Amendment 246 #
2020/2118(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Notes that research globally indicates that stigma and discrimination continue to affect people living with HIV, key populations and vulnerable groups; recalls UNAIDS’ conclusions that people and groups associated with COVID-19 have also experienced negative perceptions and actions; highlights that vulnerable and marginalised populations continue to be stigmatised, including through HIV and COVID-19 intersections, such as people living in poverty, the homeless, refugees, migrants, sex workers, persons who use drugs, gay, bisexual, transgender and intersex persons;1a _________________ 1aCOVID-19 and HIV: Progress report 2020, ¶80, accessible on https://www.unaids.org/sites/default/files/ media_asset/COVID-19_HIV_EN.pdf.
Amendment 247 #
2020/2118(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Underlines that the consequences of a combined health pandemic and a global recession will seriously undermine the capability of developing countries to achieve the SDGs, notably by least developed countries (LDCs); reminds the UN’s call for a $2,5 trillion coronavirus crisis package for developing countries which face unprecedented economic damage from the COVID-19 crisis; calls for a far-reaching policy response based on the core Agenda 2030 principle of ‘leaving no one behind’;
Amendment 251 #
2020/2118(INI)
Motion for a resolution
Paragraph 12 b (new)
Paragraph 12 b (new)
12b. Notes with concern that public indebtedness in the global south was already at unprecedented levels before COVID-19, which resulted in an increasing portion of public budget being used to service external debts, thereby affecting the capacity of governments to adequately fund and deliver basic public services; is alarmed that the current crisis has exacerbated these pre-existing debt vulnerabilities, notably in a context where financial support for developing countries to tackle the pandemic is being provided principally in the form of new loans; reminds that developing countries have relatively greater health and social protection expenditure requirements due to their weaker health systems and response mechanisms; consequently, they require greater external liquidity support in foreign currencies to pay for vital imports, while also servicing their outstanding debt obligations; accordingly, stresses the need to raise IMF Special Drawing Rights to provide liquidity to developing countries;
Amendment 253 #
2020/2118(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Welcomes, as a first step, the temporary suspension of debt service payments for the poorest countries announced by the G20 and joins the call on private creditors to follow suit; underlines that the magnitude of the economic and social crisis in the developing world requires more profound and far-reaching measures and encourages the Commission to support international efforts in this regard; considers that interest saved thanks to this suspension should instead be invested in the health sector, which is often severely underfunded in developing countries; ; believes, however, that the G 20 Debt Service Suspension Initiative (DSSI) falls short of the effort needed to respond to the magnitude of the economic and social crisis in a context where multilateral and commercial debt are excluded from debt service suspension for all countries, while many middle- income countries at risk are entirely excluded from the initiative; stresses the need to secure the participation of all creditors, including the World Bank and other multilateral development banks, as well as private creditors, in the DSSI and any further debt relief offers; and encourages the Commission to support international efforts in this regard; considers that interest saved thanks to this suspension should instead be invested in the health sector, which is often severely underfunded in developing countries; in addition, calls for an urgent upscaling of ODA as part of a more comprehensive systemic multilateral response, considering that short-term measures will not suffice to avoid defaults and to facilitate investments in recovery and the SDGs; more broadly, calls for the creation of a multilateral debt workout mechanism, under UN auspices, to address both the impact of the crisis and the financing requirements of the Agenda 2030; believes that steps should also be taken towards agreement on binding rules on responsible sovereign lending and borrowing in order to support improved debt crisis prevention;
Amendment 259 #
2020/2118(INI)
14. Points out that the budgets of many developing countries were already out of balance before the crisis and that too little funding was allocated to crisis prevention, health systems and social protection; calls on the Commission to take new initiatives to tackle the problems of illicit financial flows, tax evasion and tax fraud in order to improve the tax bases of developing countr (notably tax-motivated illicit financial flows originating from cross- border operations by multinational enterprises), tax evasion and tax fraud in order to improve the tax bases of developing countries; to this end, urges the EU to ensure that its trade, double taxation and investment agreements are consistent with the objective of domestic resource mobilisation of ACP countries and translate into tangible and sustainable development outcomes, in line with the principle of Policy Coherence for Development, as enshrined in Article 208 of the Lisbon Treaty; more broadly, calls for the setting-up of a global tax body at the UN level to help coordinating tax policies; calls, furthermore, for budget support to be directed towards universal basic services, notably access to basic health, water and sanitation services, and resilience;
Amendment 263 #
2020/2118(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Notes with concern that over the past few years, the level of concessionality of ODA has gradually decreased for developing countries in general and for LDCs in particular, although concessionality is of particular importance for LDCs to prevent an unsustainable debt burdens; stresses the need for donors to prioritize grant-based financing, especially to LDCs;
Amendment 265 #
2020/2118(INI)
Motion for a resolution
Paragraph 14 b (new)
Paragraph 14 b (new)
14b. Notes that the Commission still foresees a prominent role for blending mechanisms in EU development policy, at the expense of other aid modalities; stresses that while blended finance has grown rapidly, there is little evidence of its development impact, as most blended finance currently goes to middle-income countries, with only a small portion going to LDCs; recalls equally that blending raises concerns in terms of debt sustainability; accordingly, calls on the EU and its Member States to adopt a cautious approach to blended finance and ensure that all finance mobilised through blending meets development effectiveness principles;
Amendment 266 #
2020/2118(INI)
Motion for a resolution
Paragraph 14 c (new)
Paragraph 14 c (new)
14c. Highlights that reduced inflows of remittances in developing countries will worsen the living conditions of households that rely on this source of income to finance the consumption of goods and services such as food, health care and education; therefore, urges the EU and the donor community to take decisive action to fulfil their promise to contribute to reducing the cost of remittance fees to close to zero, and at minimum to the 3%, as called for in SDG 10;
Amendment 272 #
2020/2118(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Underlines the fact that the COVID-19 pandemic has led to unprecedented numbers of pupils missing out on months of schooling, constituting a major set-back to efforts in the education sector especially with regard to girls’ and women’s education; urges governments to use school closures only as a measure of last resort in the fight against the pandemic; presses for education to be kept as a spending priority in EU development policy and for due consideration to be given to the social function of schools; urges governments, in this context, to prioritise support for the most marginalised children and their families; stresses that the most at-risk children, especially those with disabilities and living in conflict- affected areas, are those hardest hit by this pandemic; underlines that the pandemic leads to a heightened risk of violence, exploitation and abuse, as well as to dramatic consequences on children’s health and protection; recommends that EU countries share their approaches to keeping up teaching even in times of crisis and asks the EU and its Member States to exploit the potential of remote and digital learning in their international support programmes;
Amendment 294 #
2020/2118(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Stresses that global recovery can only occur if immediate responses are planned with perspectives towards mid to long-term solutions that include preventive measures and better prepare communities for future crises;
Amendment 295 #
2020/2118(INI)
Motion for a resolution
Paragraph 16 b (new)
Paragraph 16 b (new)
16b. Reminds that resilience is ultimately about both general preparedness and the ability to adapt to new circumstances; recalls, in this context, that communities that lead their own solutions tailored to their particular context are more engaged throughout recovery, ultimately rebuilding stronger; stresses that overcoming this crisis in solidarity with our partners will strengthen and render more resilient the relations between the EU and developing countries;
Amendment 297 #
2020/2118(INI)
Motion for a resolution
Paragraph 16 c (new)
Paragraph 16 c (new)
16c. Emphasises the crucial role of humanitarian NGOs in supporting communities to sustain themselves both during and beyond the pandemic in order to prevent an increasing erosion of livelihoods, to protect social cohesion, and to mitigate the worst consequences of the crises;
Amendment 303 #
2020/2118(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Points out that pandemics are often of zoonotic origin; underlines, therefore, the need to support education programmes regarding the dangers of hunting and trading in wild animals as well as the stricter protection of ecosystems and habitats and to address challenges posed by industrial farming;
Amendment 312 #
2020/2118(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Recalls that developing countries are historically vulnerable to external shocks owing to narrow export bases and less diversified economies; therefore, stresses that one of the main challenges for developing countries is to climb up the global value chain through economic diversification and to shift from an a export-oriented production model towards development based on domestic and regional markets; to this end, emphasises the crucial role of regional economic cooperation, industrial domestic policy and investment promotion to increase national or regional autonomy in the production of essential goods and services; against this background, finds it essential to harness financing and business practises, with a view to promote the integration of sustainability standards along the entire investment chain; reiterates that corporate human rights and environmental mandatory due diligence is a necessary condition in order to prevent and mitigate future crises and ensure sustainable value chains;
Amendment 317 #
2020/2118(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Stresses the need to safeguard sufficient regulatory space in international investment agreements to protect public health and to minimize the risk of investor-State dispute settlement proceedings, with regard to claims related to government measures targeting the health-related, economic and social dimensions of the pandemic and its effects;
Amendment 318 #
2020/2118(INI)
18c. Underlines that the COVID-19 pandemic has increased the demand for medical goods and personal protective equipment, which led to a surge of export- restricting measures taken up by global suppliers of medical and other essential goods; points out that small and lower- income countries, with their high dependence on open trade, had to bear the brunt of export restrictions on essential goods and some abusive business practices; against this background, insists that the EU refrains from adopting a trade policy that prohibits, as a general rule, ACP countries from levying export taxes on raw material insofar as it is WTO-compatible, notably for industrial development and environmental protection purposes;
Amendment 322 #
2020/2118(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines that implementation of the humanitarian-development-peace nexus has to be a priority in the programming of the NDICI in fragile countries; calls on the Commission’s DG ECHO and DG DEVCO to implement complementary programmes suited to local contexts and local opportunities, whenever possible, in order to mutually reinforce the different aspects of the nexus taking full consideration of each actors mandate and obligations, including humanitarian principles and International Humanitarian Law;
Amendment 327 #
2020/2118(INI)
Motion for a resolution
Paragraph 19 a (new)
Paragraph 19 a (new)
19a. Underlines the need to work alongside local communities and local civil societies in the definition and implementation of the response; emphasises the role of the European Solidarity Corps in supporting CSOs on the ground to provide assistance to people in need;
Amendment 1 #
2019/2055(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. RStresses that the Union’s ambition to forge a “partnership of equals” with African, Caribbean and Pacific countries implies full respect of the “ownership principle”, in line with the Union’s international commitments on aid effectiveness; reiterates its concerns as regards the use of development funds for non- development objectives and underlines that funding which does not fulfil official development assistance criteria must be sourced from other instruments than the Development Cooperation Instrument (DCI); in particular, urges the Union and its Member States to refrain from imposing aid conditionalities regarding migration and trade reforms, which contravenes the development effectiveness principles; underlines the importance of ensuring human rights standards in all cooperation under the DCI and insists that in order to successfully combat poverty in the long-term, the Union must address the root causes of poverty and inequalities;
Amendment 6 #
2019/2055(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Regrets that, in spite of the Union’s commitment to sustainability and the United Nations’ Sustainable Development Goals (SDGs), the Special Report No 7/2019 of the Court of Auditors shows that the Commission does not report on or monitor how the Union budget and policies contribute to sustainable development and achieving the Sustainable Development Goals (SDGs); notes that the Commission has recently published a reflection paper outlining scenarios for a sustainable Europe; regrets, however, that this paper does not include a gap analysis of what more the Union needs to do in terms of budget, policy and legislation, nor does it present the contribution of Union spending programmes towards implementing the SDGs;
Amendment 8 #
2019/2055(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the use of budget support in general to assist developing countries in their reform efforts and in achieving the SDGs, urges, however, the Commission to more clearly assess and define the development outcomes to be achieved through budget support in each case and above all to enhance control mechanisms concerning recipient states' conduct in the fields of corruption, respect of human rights, rule of law and democracy. ; recalls that domestic resource mobilisation is the centre-piece for sustainable financing of development and one of the five key development challenges to be addressed by budget support; calls on the Commission to adopt a trade and investment policy consistent with this goal, which entails among others taking into account least developed countries concerns of economic partnership agreements regarding the erosion of revenues linked to the removal of custom duties and ensuring fair distribution of taxing rights while negotiating tax and investment treaties with developing countries, notably regarding redistribution of tax revenues from natural resources;
Amendment 13 #
2019/2055(DEC)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Urges the Union and its Member States to refrain from supporting practices which facilitate tax dodging by transnational corporations and individuals, in the pursuit of its objective to create a business-friendly environment for private investors in developing countries in the remit of the European Fund for Sustainable Development; in addition, stresses the risk of indebtedness linked to the increased Union recourse to blending, notably in Sub-Saharan Africa and the Caribbean countries with limited revenues to service their debt; calls on the Union and its Member States to tackle effectively and consistently tax evasion, aggressive tax avoidance practices and harmful tax competition, in line with the principle of Policy Coherence for Development;