Activities of Özlem DEMIREL
Plenary speeches (69)
Implementation of the EU Global Strategy (debate)
Situation in Turkey, notably the removal of elected mayors
The Turkish military operation in northeast Syria and its consequences (debate)
Annual report on the implementation of the common foreign and security policy - Annual report on the implementation of the common security and defence policy (debate)
Situation in Libya (debate)
Distortion of European history and remembrance of the Second World War (topical debate)
Migration situation at the Greek-Turkish border and the EU's common response to it (debate)
Foreign policy consequences of the COVID-19 crisis - The PRC national security law for Hong Kong and the need for the EU to defend Hong Kong's high degree of autonomy - The EU's response to the possible Israeli annexation in the West Bank (debate)
The 2019 Human Rights Annual report - Stability and Security in the Mediterranean and the negative role of Turkey - Situation in Belarus (debate)
Arms export: implementation of Common Position 2008/944/CFSP (debate)
Preparation of the Special European Council, focusing on the dangerous escalation and the role of Turkey in the Eastern Mediterranean (debate)
Conclusions of the Special European Council meeting of 1 and 2 October 2020 - Preparation of the European Council meeting of 15 and 16 October 2020 (continuation of debate)
Recommendation to the VPC/HR and to the Council in preparation of the 2020 Non-Proliferation of Nuclear Weapons Treaty (NPT) review process, nuclear arms control and nuclear disarmament options (debate)
Escalating tensions in Varosha following the illegal actions by Turkey and the urgent need for the resumption of talks (debate)
The deteriorating situation of human rights in Egypt, in particular the case of the activists of the Egyptian Initiative for Personal Rights (EIPR)
Implementation of the Common Foreign and Security Policy - annual report 2020 - Implementation of the Common Security and Defence Policy - annual report 2020 - Human Rights and Democracy in the World and the EU policy on the matter - annual report 2019 (debate)
Human rights situation in Turkey, notably the case of Selahattin Demirtas and other prisoners of conscience
Reducing inequalities with a special focus on in-work poverty (debate)
The Syrian conflict - 10 years after the uprising (continuation of debate)
Preparation of the European Council meeting of 25 and 26 March 2021 – Digital Green Certificate (debate)
Conclusions of the European Council meeting of 25 and 26 March 2021 - The outcome of the high level meeting between the EU and Turkey of the 6th of April (debate)
European Defence Fund (debate)
2019-2020 Reports on Turkey (debate)
Neighbourhood, Development and International Cooperation Instrument 2021-2027 – Global Europe (debate)
The repression of the opposition in Turkey, specifically HDP (debate)
Situation in Afghanistan (debate)
The future of EU-US relations (debate)
Implementation report on the EU Trust Funds and the Facility for Refugees in Turkey (continuation of debate)
European framework for employees' participation rights and the revision of the European Works Council Directive (debate)
Preparation of the European Council meeting of 16-17 December 2021 - The EU's response to the global resurgence of Covid-19 and the new emerging Covid variants (debate)
Situation in Kazakhstan
EU-Africa relations (debate)
Implementation of the common foreign and security policy – annual report 2021 - Implementation of the common security and defence policy – annual report 2021 (debate)
Debriefing of the European Council meeting in Paris on 10 March 2022 - Preparation of the European Council meeting 24-25 March 2022 (debate)
EU preparedness against cyber-attacks following Russia invasion on Ukraine (debate)
The case of Osman Kavala in Turkey
Prosecution of the opposition and the detention of trade union leaders in Belarus (debate)
The EU and the security challenges in the Indo-Pacific (debate)
EU initiatives to address the rising cost of living, including the implementation of the European Pillar of Social Rights (debate)
Adequate minimum wages in the European Union (debate)
Question Time (VPC/HR) The state of play of the war in Ukraine
EU response to the increasing crack-down on protests in Iran (debate)
Situation in Libya (debate)
Prospects for the two-State solution for Israel and Palestine (debate)
Turkish airstrikes on northern Syria and the Kurdistan Region of Iraq (debate)
Tackle the cost of living crisis: increase pay, tax profits, stop speculation (topical debate)
Implementation of the common foreign and security policy - annual report 2022 - Implementation of the common security and defence policy - annual report 2022 (debate)
Revision of the European Works Councils Directive (debate)
Situation in Afghanistan (debate)
Preparation of the EU-Ukraine Summit (debate)
EU response to the humanitarian situation following the earthquake in Türkiye and Syria (debate)
One year of Russia’s invasion and war of aggression against Ukraine (debate)
Adequate minimum income ensuring active inclusion (debate)
Strengthening the EU Defence in the context of the war in Ukraine: speeding up production and deliveries to Ukraine of weapons and ammunitions (debate)
Strengthening the EU Defence in the context of the war in Ukraine: speeding up production and deliveries to Ukraine of weapons and ammunitions (debate)
Conclusions of the European Council meeting of 23-24 March 2023 (debate)
The need for a coherent strategy for EU-China Relations (debate)
Safeguarding labour mobility and social rights of striking lorry drivers from third countries (debate)
EU Rapid Deployment Capacity, EU Battlegroups and Article 44 TEU: the way forward (debate)
Establishing the Act in support of ammunition production (debate)
Establishing the Act in support of ammunition production (debate)
Corporate Sustainability Due Diligence (debate)
Humanitarian and environmental consequences of the destruction of the Nova Kakhovka dam - Sustainable reconstruction and integration of Ukraine into the Euro-Atlantic community (debate)
Preparation of the European Council meeting of 29-30 June 2023, in particular in the light of recent steps towards concluding the Migration Pact (debate)
Relations with the Palestinian Authority (debate)
Conclusions of the European Council meeting of 29-30 June 2023, in particular the recent developments in the war against Ukraine and in Russia (debate)
Ukrainian grain exports after Russia’s exit from the Black Sea Grain Initiative (debate)
Need for a speedy adoption of the asylum and migration package (debate)
The despicable terrorist attacks by Hamas against Israel, Israel’s right to defend itself in line with humanitarian and international law and the humanitarian situation in Gaza (debate)
Reports (1)
REPORT on reducing inequalities with a special focus on in-work poverty
Shadow reports (14)
REPORT on a European Parliament recommendation to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the preparation of the 2020 Non-Proliferation of Nuclear Weapons Treaty (NPT) review process, nuclear arms control and nuclear disarmament options
REPORT on Arms export: implementation of Common Position 2008/944/CFSP
REPORT on a European Parliament recommendation to the Council and the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy concerning the implementation and governance of Permanent Structured Cooperation (PESCO)
REPORT on the implementation of the Common Security and Defence Policy - annual report 2020
REPORT on the 2019-2020 Commission Reports on Turkey
RECOMMENDATION FOR SECOND READING on the Council position at first reading with a view to the adoption of a regulation of the European Parliament and of the Council establishing the Neighbourhood, Development and International Cooperation Instrument – Global Europe, amending and repealing Decision No 466/2014/EU of the European Parliament and of the Council and repealing Regulation (EU) 2017/1601 of the European Parliament and of the Council and Council Regulation (EC, Euratom) No 480/2009
REPORT Implementation report on the EU Trust Funds and the Facility for Refugees in Turkey
REPORT on the proposal for a directive of the European Parliament and of the Council on the adequate minimum wages in the European Union
REPORT on the implementation of the Common Security and Defence Policy – annual report 2021
REPORT on the EU and the security challenges in the Indo-Pacific
REPORT on the 2021 Commission Report on Turkey
REPORT EU Rapid Deployment Capacity, EU Battlegroups and Article 44 TEU: the way forward
REPORT on the 2022 Commission Report on Türkiye
REPORT on the implementation of the Neighbourhood, Development and International Cooperation Instrument – Global Europe
Shadow opinions (20)
OPINION on the draft general budget of the European Union for the financial year 2020
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section III - Commission and executive agencies
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2018, Section X - European External Action Service
OPINION on Guidelines for the 2021 budget – Section III
OPINION with recommendations to the Commission on framework of ethical aspects of artificial intelligence, robotics and related technologies
OPINION on artificial intelligence: questions of interpretation and application of international law insofar as the EU is affected in the areas of civil and military uses and of state authority outside the scope of criminal justice
OPINION on the draft general budget of the European Union for the financial year 2021
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019 - European Commission
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2019, Section X – European External Action Service
Opinion on Guidelines for the 2022 Budget – Section III
OPINION on the draft general budget of the European Union for the financial year 2022
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2020, Section X - European External Action Service
OPINION on discharge in respect of the implementation of the general budget of the European Union for the financial year 2020 - Section III European Commission and executive agencies
Opinion on general guidelines for the preparation of the 2023 budget, Section III
OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 2013/34/EU, Directive 2004/109/EC, Directive 2006/43/EC and Regulation (EU) No 537/2014, as regards corporate sustainability reporting
OPINION on upscaling the 2021-2027 multiannual financial framework: a resilient EU budget fit for new challenges
OPINION on 2021 discharge: General budget of the EU - Commission
OPINION on 2021 discharge: General budget of the EU - European External Action Service
OPINION on the draft general budget of the European Union for the financial year 2024
OPINION on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EC) No 561/2006 as regards minimum requirements on minimum breaks and daily and weekly rest periods in the occasional passenger transport sector
Institutional motions (24)
MOTION FOR A RESOLUTION on the situation at the USA-Mexican border
MOTION FOR A RESOLUTION on the situation in Venezuela
MOTION FOR A RESOLUTION on Situation in Turkey, notably the removal of elected mayors
JOINT MOTION FOR A RESOLUTION on situation in Turkey, notably the removal of elected mayors
MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
JOINT MOTION FOR A RESOLUTION on the Turkish military operation in northeast Syria and its consequences
JOINT MOTION FOR A RESOLUTION on the situation of LGBTI people in Uganda
MOTION FOR A RESOLUTION on children’s rights on the occasion of the 30th anniversary of the UN Convention on the Rights of the Child
MOTION FOR A RESOLUTION on the EU’s accession to the Istanbul Convention and other measures to combat gender-based violence
MOTION FOR A RESOLUTION on Cuba, the case of José Daniel Ferrer
MOTION FOR A RESOLUTION on the situation in Bolivia
MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse on boys in the Logar Province
JOINT MOTION FOR A RESOLUTION on Afghanistan, notably the allegations of sexual abuse of boys in the Logar Province
MOTION FOR A RESOLUTION on the European Green Deal
MOTION FOR A RESOLUTION on the gender pay gap
MOTION FOR A RESOLUTION on Human rights situation in Turkey, notably the case of Selahattin Demirtas and other prisoners of conscience
JOINT MOTION FOR A RESOLUTION on the human rights situation in Turkey, notably the case of Selahattin Demirtaş and other prisoners of conscience
MOTION FOR A RESOLUTION on the Syrian conflict – 10 years after the uprising
MOTION FOR A RESOLUTION on the repression of the opposition in Turkey, specifically the Peoples’ Democratic Party (HDP)
JOINT MOTION FOR A RESOLUTION on the repression of the opposition in Turkey, specifically the Peoples’ Democratic Party (HDP)
MOTION FOR A RESOLUTION on the situation in Afghanistan
MOTION FOR A RESOLUTION on The case of Osman Kavala in Turkey
JOINT MOTION FOR A RESOLUTION on the case of Osman Kavala in Turkey
MOTION FOR A RESOLUTION on adequate minimum income ensuring active inclusion
Oral questions (6)
Facial recognition and identification in publicly accessible spaces
Europe’s energy independence and the extraterritoriality of US law
The backlash against children’s rights due to COVID-19 containment measures
The EU’s responsibility to protect local staff targeted due to their working relations with the EU
Adequate minimum income ensuring active inclusion
Adequate minimum income to ensure active inclusion
Written explanations (16)
The European Green Deal (RC-B9-0040/2020, B9-0040/2020, B9-0041/2020, B9-0042/2020, B9-0043/2020, B9-0044/2020, B9-0045/2020, B9-0046/2020)
Die Abgeordneten von DIE LINKE. im Europäischen Parlament haben sich beim Green Deal enthalten, weil die gesetzten Ziele nicht ausreichen, um das Klima wirklich zu schützen. Neben den wichtigen Forderungen, dass die EU bis 2050 klimaneutral sein muss oder nach einem europäischen Klimagesetz, reichen andere Punkte nicht. So ist das Klimaziel von 55 % Senkung der Treibhausgase bis 2030 viel zu niedrig. Klimaforscher fordern mindestens 65 %, um wirksame Ergebnisse zu erreichen. Wenn die EU die Treibhausgase nicht drastisch reduziert, nützt der beste Green Deal wenig. Und wir dürfen Menschen mit wenig Geld nicht vergessen oder sogar bestrafen, wenn wir das Klima retten wollen. Die Punkte zur Energiearmut sind viel zu schwach. So lässt sich nicht verhindern, dass Menschen in Not der Strom abgestellt oder das Gas für die Heizung oder den Herd abgedreht wird. Die Energieeffizienz von Gebäuden zu steigern ist richtig, aber nicht auf Kosten von Menschen mit geringem Einkommen. Außerdem sind wir dagegen, dass aus dem Geld für den Green Deal große Energiekonzerne entschädigt werden können. Das Geld muss für die Menschen vor Ort sein, die beispielsweise in Kohleregionen direkt von der nötigen Energiewende betroffen sind.
Mobilisation of the Contingency Margin in 2020: continuation of humanitarian support to refugees in Turkey (A9-0125/2020 - Monika Hohlmeier)
. – Obwohl es sich um Gelder handelt, die auch im Rahmen des EU-Türkei-Deals vergeben werden, habe ich für die Mittelvergabe gestimmt. Diese Gelder sollen direkt für die Geflüchteten in der Türkei eingesetzt werden. Es ist aber klar, dass diese Gelder nur die Not der Geflüchteten lindern können, aber nichts lösen werden. Der EU-Türkei-Deal ist eine der Säulen der Festung Europa, welche wir entschieden ablehnen. Das Abkommen mit der Türkei muss beendet werden, die EU muss legale und sichere Fluchtwege schaffen.
Just Transition Fund (A9-0135/2020 - Manolis Kefalogiannis)
Ich habe beim Fonds für einen gerechten Übergang mit Nein abgestimmt, weil die Gasförderung als Übergangslösung gefördert werden soll. Selbstverständlich braucht es auch Übergangstechnologien, dennoch ist diese Technologie ökologisch nicht nachhaltig. Förderungen sollten aber in nachhaltige Strukturen fließen. Zudem erleben wir aktuell brandgefährliche Eskalationen, die sich um Gas drehen, wie am östlichen Mittelmeer.
Situation in Belarus
Derzeit gibt es große Proteste des belarussischen Volkes, welche brutal von der Lukaschenko-Administration niedergeschlagen werden. Diese Übergriffe und Repressionen sind scharf zu verurteilen. Das Recht auf Protest, gewerkschaftliche Organisation, Oppositionsfreiheit etc. sind zu verteidigen. Diese Punkte in der Entschließung unterstütze ich, aber mit einer Geberkonferenz will die EU Einfluss auf die Opposition nehmen und damit eigene ökonomische und geostrategische Interessen durchsetzen. Das lehne ich ab. Da der Geist der Entschließung aber primär hierauf ausgerichtet ist, werden die richtigen Punkte, die in der Entschließung genannt sind, konterkariert. Ich bin dafür, dass das Volk in Belarus seine Zukunft demokratisch, frei und unabhängig bestimmen kann – ohne Einflussnahme aus der EU oder Russland, denn auch Russland greift der Lukaschenko-Administration wirtschaftlich und sicherheitspolitisch unter die Arme, um eigene geostrategische und ökonomische Interessen durchzusetzen oder zu verteidigen.Fortschrittliche Stimmen in Belarus kämpfen derzeit für eine selbstbestimmte Zukunft und lehnen diese äußeren Einmischungen – egal von wem – explizit ab. Ihnen gehört meine Solidarität.
The right to disconnect (A9-0246/2020 - Alex Agius Saliba)
Wie wichtig das „Right to diconnect “ ist, also gerade auch in Homeoffice-Zeiten nicht permanent arbeitstechnisch erreichbar zu sein, sehen wir in der jetzigen Pandemie-Zeit mehr denn je. Ich unterstütze diese Forderung ausdrücklich! Anfangs den Bericht dazu auch. Einen Antrag allerdings, der die Kommission auffordert, die Gesetzgebung zum Recht auf Abschaltung um drei Jahre zu verzögern und damit das Klagerecht der Arbeiterinnen und Arbeiter für solch einen langen Zeitraum auszusetzten – das kann ich nicht mittragen. Grundsätzlich ist die Arbeitszeit klar in der Arbeitszeit-Richtlinie geregelt und als deutsches Arbeitszeit-Gesetz in Kraft.
EU Association Agreement with Ukraine (A9-0219/2020 - Michael Gahler)
Der Bericht zur EU-Ukraine von Michael Gahler ist sehr einseitig. Insbesondere was zu der jetzigen politischen Situation in der Ukraine geführt hat und wer dafür verantwortlich ist, verzerrt der Bericht. Vor allen die USA und die Europäische Union haben zu einer Eskalation der Situation in der Ukraine beigetragen. Letztlich waren es die verschiedensten Mächte, die Europäischen Union, Russland und die USA, die die Ukraine in eine tiefe Krise gestürzt haben. Allen Seiten ging es dabei um die eigene wirtschaftliche und geopolitische Vormachtstellung. Die Annexion der Krim ist ebenso abzulehnen wie die Politik der Europäischen Union, die maßgeblich zu den politischen aber auch fatalen wirtschaftlichen Entscheidungen und der aktuellen Situation beigetragen haben, auch was den Donbass betrifft. Ich habe u. a. aus diesen Gründen gegen den Bericht gestimmt.
The EU-UK Trade and Cooperation Agreement (A9-0128/2021 - Andreas Schieder, Christophe Hansen)
Ich habe mich bei der Abstimmung zum Abkommen zwischen der EU und dem Vereinigten Königreich enthalten, weil ich zum einen das Verfahren kritisiere. Seit Januar ist das Abkommen vorläufig in Kraft, damit war die Abstimmung ein Abknicken, ohne die Möglichkeit noch etwas wirklich zum Besseren verändern zu können. Zum Zweiten sind Kooperation im Sicherheits— und Verteidigungsbereich sowie mit der NATO ebenfalls im Abkommen vermerkt, diese lehne ich ab. Allerdings ist das Karfreitagsabkommen ein wichtiger Bestandteil. Ein Fokus von mir und meiner Fraktion war es immer, den Frieden in Irland zu erhalten. Ich hätte mir aber mehr sozialpolitische Klarheit und weniger geheimdienstliche und verteidigungspolitische Klarheit gewünscht.
The outcome of EU-UK negotiations (B9-0225/2021)
Ich habe mich bei der Abstimmung zum Abkommen zwischen der EU und dem Vereinigten Königreich enthalten, weil ich zum einen das Verfahren kritisiere. Seit Januar ist das Abkommen vorläufig in Kraft, damit war die Abstimmung ein Abknicken ohne die Möglichkeit, noch etwas wirklich zum Besseren verändern zu können. Zum Zweiten sind Kooperation im Sicherheits— und Verteidigungsbereich sowie mit der NATO ebenfalls im Abkommen vermerkt, diese lehne ich ab. Allerdings ist das Karfreitagsabkommen ein wichtiger Bestandteil. Ein Fokus von mir und meiner Fraktion war es immer, den Frieden in Irland zu erhalten. Ich hätte mir aber mehr sozialpolitische Klarheit und weniger geheimdienstliche und verteidigungspolitische Klarheit gewünscht.
Digital Green Certificate - Union citizens (C9-0104/2021 - Juan Fernando López Aguilar)
In der Abstimmung über die Änderungsanträge wurde die im LIBE—verhandelte Position sowie die von The Left auf Plenarebene eingereichten wichtigen Änderungsanträge 18, 21 und 22 vom Parlament angenommen. Damit konnte Schadensbegrenzung betrieben werden, indem der Datenschutz soweit wie möglich ausgebaut, der Geltungsbereich der Verordnung soweit wie möglich begrenzt und Diskriminierung verhindert wurde (Zugang zu kostenlosen Tests für alle). Außerdem ist es uns gelungen, die Situation von Menschen in Grenzregionen im Verordnungsvorschlag adäquat zu reflektieren beziehungsweise sicherzustellen, dass die Belange dieser Menschen Beachtung finden. In der finalen Abstimmung habe ich mich aber aus zwei Gründen für Enthaltung entschieden. Erstens wurden unsere auf Plenarebene eingereichten Änderungsanträge (19 und 20) zur Patentfreigabe der Impfstoffe (TRIPS waiver) abgelehnt und damit eine der Schlüsselpositionen unserer Fraktion. Zweitens sind die wissenschaftlichen Grundlagen, auf denen der Verordnungsvorschlag aufbaut, nur Annahmen, die jedoch wissenschaftlich noch nicht abschließend belegt sind. Es sind weitere Forschungen und klinische Daten erforderlich, um gesundheitliche Risikofaktoren zu ermitteln. Das Zertifikat ist kein Instrument der Pandemiebekämpfung. Gerade im Hinblick auf neue Virusvarianten sind die wissenschaftlichen Annahmen, auf denen der Verordnungsvorschlag beruht, mit Vorsicht zu betrachten.
Digital Green Certificate - third country nationals (C9-0100/2021 - Juan Fernando López Aguilar)
In der Abstimmung über die Änderungsanträge wurde die im LIBE—verhandelte Position, sowie die von The Left auf Plenarebene eingereichten wichtigen Änderungsanträge 18, 21 und 22 vom Parlament angenommen. Damit konnte Schadensbegrenzung betrieben werden, indem der Datenschutz soweit wie möglich ausgebaut, der Geltungsbereich der Verordnung soweit wie möglich begrenzt und Diskriminierung verhindert wurde (Zugang zu kostenlosen Tests für alle). Außerdem ist es uns gelungen, die Situation von Menschen in Grenzregionen im Verordnungsvorschlag adäquat zu reflektieren beziehungsweise sicherzustellen, dass die Belange dieser Menschen Beachtung finden. In der finalen Abstimmung habe ich mich aber aus zwei Gründen für Enthaltung entschieden. Erstens wurden unsere auf Plenarebene eingereichten Änderungsanträge (19 und 20) zur Patentfreigabe der Impfstoffe (TRIPS waiver) abgelehnt und damit eine der Schlüsselpositionen unserer Fraktion. Zweitens sind die wissenschaftlichen Grundlagen, auf denen der Verordnungsvorschlag aufbaut, nur Annahmen, die jedoch wissenschaftlich noch nicht abschließend belegt sind. Es sind weitere Forschungen und klinische Daten erforderlich, um gesundheitliche Risikofaktoren zu ermitteln. Das Zertifikat ist kein Instrument der Pandemiebekämpfung. Gerade im Hinblick auf neue Virusvarianten sind die wissenschaftlichen Annahmen, auf denen der Verordnungsvorschlag beruht, mit Vorsicht zu betrachten.
Human rights protection and the EU external migration policy (A9-0060/2021 - Tineke Strik)
Der Initiativbericht ist weit davon entfernt, ein perfekter Bericht zu sein, da er viele kritische Punkte auslässt. So vermisse ich starke Kritik an der EU-Migrationspolitik, die Kritik am Migrations- und Asylpakt und es gibt auch keine Erwähnung der Aussetzung der Budgethilfe und Schulungen für die Grenzbehörden von Drittstaaten. Doch das Gesamtbild muss berücksichtigt werden. Unsere Stimmen waren notwendig für die Annahme des Berichts, der auch wichtige und richtige Punkte beinhaltet. Ich wollte mit sicherstellen, dass dieser Bericht angenommen wird, da es nicht sicher war, nachdem einige schlechte Änderungsanträge der EVP-Fraktion herausgestimmt wurden und die Konservativen damit den Bericht in Gänze ablehnen wollten. Aus diesem Grund habe ich für den Bericht gestimmt.
Implementation of the common foreign and security policy – annual report 2021 (A9-0354/2021 - David McAllister)
Seit Beginn der Legislatur, machte u. a. die Kommissionpräsidentin von der Leyen und Josep Borrell deutlich, dass die „soft power“ EU nun auch die „hard power“ braucht, um im Zeitalter steigender Rivalität der Großmächte standhalten zu können. Auch die aktuelle Eskalation mit Russland und Diskussion über eine – wie auch immer geartete – neue Sicherheitsarchitektur, beschleunigen die Aufrüstungsspirale der EU unter dem Schlagwort strategische „Souveränität/Autonomie“. Es geht bei dem EU-Konzept „strategischen Autonomie“ nicht um politische Eigenständigkeit mit Blick auf Frieden, Soziale Sicherheit und eine Entspannungspolitik, sondern allein darum die „hard power“, also Militär und restriktive Instrumente zu haben, um Einflusssphären und den freien Zugang des EU-Kapitals zu Absatzmärkten und Ressourcen durchzusetzen – unabhängig von anderen Großmächten bzw. teilweise gegen diese. Dabei handelt es sich ebenfalls um imperialistische Ansprüche der EU. Die Bereitschaft, in immer mehr Konflikte neben wirtschaftlichen Mitteln auch militärischen einzugreifen, wird spürbar steigen. Dabei werden scheinheilig als Vorwand die so genannten europäischen Werte und die Verteidigung von Freiheit und Demokratie vorgetragen, doch es geht nicht um positive Werte oder Menschenrechte. Die Menschen in Europa wollen keinen Krieg für Absatzmärkte und Ressourcen, sie wollen Frieden und soziale Sicherheit, deshalb lehne ich das derzeitige EU-Konzept von (militärischer) strategischer Autonomie/Souveränität ab.
Need for an urgent EU action plan to ensure food security inside and outside the EU in light of the Russian invasion of Ukraine (RC-B9-0160/2022, B9-0160/2022, B9-0162/2022, B9-0163/2022, B9-0164/2022, B9-0165/2022, B9-0166/2022, B9-0167/2022)
Änderungsantrag 44: Bereits bei vergangenen Abstimmungen hatte ich entsprechend abgestimmt: Die Debatte um Nord Stream hatte von Anbeginn zwei Ebenen – einmal die geopolitische und einmal die klimapolitische. Klimapolitisch führt kein Weg daran vorbei, die erneuerbaren Energien lokal wie global massiv auszubauen statt immer neue Projekte mit fossilen Energieträgern oder Atomenergie voranzutreiben. Die Diskussion auf der geopolitischen Ebene war bereits in der Vergangenheit bedenklich und bleibt es auch weiterhin. Nach dem zu verurteilenden Angriffskrieg Russlands auf die Ukraine hat die geopolitische Auseinandersetzung um die Energiepolitik eine neue Dynamik gewonnen. Egal ob in der EU, den USA oder in der BRD, aktuell hört man überall, es ginge um einen Kampf Autokratie vs. Demokratie – auch deshalb müsse man unabhängig vom russischen Gas werden. Als Resultat baut man nun neue Verträge aus, zum einen mit den USA mit Fracking-Gas, was klimapolitisch noch bedenklicher ist. Aber auch Katar, Saudi-Arabien und den Vereinigten Arabischen Emiraten wird der rote Teppich ausgerollt um Gas und Öl so schnell wie möglich zu bekommen.Doch dies entlarvt, dass es im Kern nicht um Demokratie versus Autokratie geht. All diese Staaten sind seit Jahren beteiligt im Vielfrontenkrieg im Jemen, mit dem auch eine der größten humanitären Katastrophen der Gegenwart einhergeht. Auch handelt es sich bei den Ländern Katar, Emirate oder Saudi-Arabien um autokratische Regierungssysteme, die keine Meinungsfreiheit oder demokratische Grundprinzipien dulden und auch die Todesstrafe anwenden. Insofern bleiben die Aussagen und die aktuelle Debatte um Nord Stream 1 + 2 heuchlerisch.
Recognising the Russian Federation as a state sponsor of terrorism (RC-B9-0482/2022, B9-0482/2022, B9-0483/2022, B9-0485/2022, B9-0486/2022, B9-0487/2022)
Ich habe die Entschließung „Einstufung der Russischen Föderation als dem Terrorismus Vorschub leistender Staat“ abgelehnt, weil es sich hierbei mitnichten um die Bekämpfung und Verurteilung des Terrorismus und seiner staatlichen Förderung handelt, sondern um eine geopolitische Erwägung und Brandmarkung der Russischen Föderation.Bisher hat die EU eine solche Kategorie und Definition nicht benutzt und die Forderung der Einführung in der Parlamentsentschließung einer solchen Listung von Staaten (im Besonderen Russlands) und damit einhergehend der Abbruch jeglicher diplomatischen Beziehungen ist nicht nur kontraproduktiv, sondern brandgefährlich. Man kann und muss den Angriffskrieg Russlands ohne Wenn und Aber verurteilen und muss dennoch für ein Ende des Krieges politisch diplomatische Bemühungen fortführen. Wer sich dem verweigert, wie in der Entschließung gefordert, trägt defacto dazu bei, dass dieser schreckliche Krieg noch weiter eskaliert und verlängert wird.
Implementation of the common foreign and security policy - annual report 2022 (A9-0292/2022 - David McAllister)
Ich habe mich bei Änderungsanträgen zur Forderung, die Iranischen Revolutionsgarden auf die EU-Terrorliste zu nehmen, ENTHALTEN, weil wir grundsätzliche Kritik an der EU-Terrorliste haben, nicht etwa um das Regime zu relativieren. Wir hatten und haben schon immer Kritik an dieser Liste. Zudem ist die Abstimmung im Europaparlament auch nicht bindend, wer letztlich entscheidend wer auf die Liste kommt, ist intransparent. Das Parlament entscheidet nicht darüber.Dass das Regime Terror gegen die Bevölkerung ausübt, habe ich auch schon öffentlich erklärt.Ich glaube, sie interpretieren in diese Liste mehr rein, als sie real ist. Es geht hier in der EU darum, dass man hiesige Unternehmen und Regierungen davon abhält Geschäfte mit dem Regime zu machen. Da haben die Menschen im Iran meine volle Unterstützung, was darüber hinaus mit der Revolution im Iran geschieht das wird und kann nur das Werk der Volksmassen im Iran sein. Aber sie können sich hier meiner Solidarität sicher sein.
Challenges facing the Republic of Moldova (B9-0197/2023, RC-B9-0198/2023, B9-0198/2023, B9-0199/2023, B9-0200/2023, B9-0203/2023, B9-0204/2023)
Ich habe der Entschließung zu den Herausforderungen für die Republik Moldau nicht zugestimmt, da ich die Resolution in Teilen sehr kritikwürdig finde insbesondere was die Paragraphen 2, 3, 6, 7 und 8 betrifft. Leider wird auch dieses Land und die diversen Einflussnahmen für Macht- und Geopolitik verwertet. Im Kern geht es weder um die Menschen, die dort leben, noch um Demokratie. Die Republik Moldau wird sowohl von Russland als auch der EU als Spielball in ihrem imperialen Machtkampf missbraucht.
Written questions (218)
Use of drones by EU agencies
Migration dialogue between the European Union and Egypt
Frontex airship for maritime border surveillance
Provision of information from EU maritime surveillance to the Libyan coastguard
Lie detectors in the area of border security
EMSA 'drone services' for EU Member States
Unmanned border surveillance using foliage penetration technologies
Frontex probing of social networks
Frontex's assistance with illegal push-backs from Croatia
Frontex's Multipurpose Aerial Surveillance Service in Croatia
Creation of a new border force for Frontex
Crash of a drone on an anti-smuggling mission over Libya
EMSA as the new drone agency
Common Operational Partnerships with Libya, Niger and Senegal
Crash of a long-range drone operated by EU agencies
Participation of the Tunisian Coast Guard in the ‘Seahorse Mediterranean’ Network
Support for border surveillance in Tunisia
‘Military Mobility’ and ‘Defender 2020’
Disembarkation of refugees in third countries/return of refugees to third countries
Frontex operations in Greece
EU aerial reconnaissance for the Libyan coast guard
Blocking real-time position display for Frontex assets
Role of management consultant McKinsey in EU-Turkey Agreement
Deployment of Frontex drones in the Mediterranean
Procurement of maritime analysis instruments by Frontex
Sea rescue operations by EUNAVFOR MED IRINI military units
Secret arms shipments from Turkey to Libya
Frontex ships, aircraft and drones
EU surveillance measures in the Gulf of Tunis
Establishment of an education and training centre for border guard units in Tunisia
ICMPD projects in Libya and Tunisia
Results of cooperation with the Libyan coast guard and maritime police
Support for Libyan border authorities from EU agencies
New Frontex pilot project for the deployment of unmanned airborne platforms
Weapons and equipment for the permanent corps of Frontex
Supplies of arms to Libya and the military in Libya
Prosecution of NGOs in Greece
Follow-up to the conference addressing migration from North Africa of 13 July 2020
Support for Member States to procure surveillance drones
Resources for the second Frontex mission in Montenegro
Air surveillance for border authorities in Libya
Cooperation with Egypt and other North African countries on migration
Cooperation between Frontex and border surveillance authorities in Morocco
International Training Centre at the Egyptian Police Academy
Role of Thierry Breton, Commissioner with responsibility for industry, in establishing the European Defence Fund
Procurement of lachrymatory agents and batons by Frontex
New evidence of push‑backs at the Croatian border – will the Commission now finally start to react?
Follow-up questions regarding the answer to written question E-005132/2020 on ‘weapons and equipment for the permanent corps of Frontex’.
Preparing a strong common EU voice at the NPT Review Conference in light of the entry into force of the Treaty Prohibiting Nuclear Weapons
Frontex deployment in Gibraltar
Maritime Rescue Coordination Centre in Libya
EMSA drone services for EU Member States in 2020 and 2021
Frontex expenses for hospitality in expensive restaurants
Use of artificial intelligence for Frontex risk analysis
Cost of the new Frontex Headquarters in Warsaw
Forwarding information from Frontex risk analysis to armed forces in the EU
Frontex workshops for coastguards from the MENA region
Expanding the mandate of Operation IRINI
Cooperation between Operation IRINI and the coastguard in Libya
EMSA’s drone data centre
Fully-automatic collision avoidance function for military EU drones
New EU civil-military cooperation projects
Equipping the Libyan coastguard with a new surveillance system
Manned real-time monitoring on behalf of Frontex
Overview of weapons confiscated under EUNAVFOR MED IRINI
Proceeds from confiscated weapons for the Peace Facility
Clearing house for exchanges of civil and military information in cooperation activities with third countries
Frontex involvement in Common Security and Defence Policy missions
Supporting the Libyan authorities in their efforts to combat terrorism, organised crime and cybercrime
Training activities by EU Training Mission in Mali
Return of 800 refugees to Libya
Equipment and training for the security forces of Mali
Underwater drones for the National Guard in Tunisia
Biometric registration systems in the Western Balkan states
Long-range drones for Frontex
Measures in the context of the EU maritime safety strategy
Strategic dialogue on military responses to cyber threats
Surveillance sensor technology of Frontex drones in the Central Mediterranean
Drone swarm trials in the Mediterranean and the Baltic
Military equipment for the Libyan Ministry of Defence
High-level political dialogue with justice and home affairs ministries of North African countries
CEPOL cooperation with Algeria and other North African states
Libya’s new maritime strategy
Multipurpose aerial surveillance at Frontex
Use of the ‘space data highway’ by Frontex and the EMSA
EUROSUR border surveillance in the pre-frontier area
Gategroup
Non-disclosure by Frontex of the precise coordinates of vessels in distress at sea
‘Mini-concepts’ of EUBAM Libya on preventing migration from Libya
Incidents involving Frontex drones
Surveillance equipment on Frontex aircraft
Withdrawal of call for tenders for the supply of firearms to Frontex
Criticism of EUBAM in Libya
Employment of embassy personnel and local staff from Afghanistan by Europol
GKN workers dismissal in Campi Bisenzio (Italy) and the revision of the European Works Council Directive
EU citizens detained in Turkey
EU funding under the Instrument for Pre-accession Assistance (IPA) for border surveillance and control in Turkey
EU-Egypt Migration Dialogue
Project-based collaboration led by Greece and Italy
EMPACT measure relating to migration from Belarus
Safety of anti-asbestos respirator masks
Operational partnerships and joint investigation teams with non-EU countries
Frontex and Europol cooperation with the on-line, financial and transport services sectors
Extending cooperation in the ATLAS network
Criticism of EUBAM in Libya
Method of real-time transmission of Frontex aerial reconnaissance data
EU border – Dialect recognition software developed by Atos
Following up on E-004447/2021 on the employment of embassy personnel and local staff from Afghanistan by Europol
Relaunch of the EU-US Migration Platform
Operational coordination mechanism for the external dimension of migration (MOCADEM)
Training and support for Ukraine’s armed forces to counter cyberattacks
Operating resources of Operation Themis
Cyber exercises invoking the mutual defence clause under Article 42(7) TEU
Excessive use of physical force by the Libyan Coast Guard
Negotiations on Frontex status agreements with Senegal and Mauritania
European Peace Facility operations
Provision of three patrol boats to the Libyan coastguard
Container-based coordination centre in Libya
Request from Libya for logistical and technical assistance
Frontex activities in the Levante and Northern Africa
US Customs and Border Protection gaining access to EU biometric databases
Operations by Frontex vessels in Senegal’s territorial waters
Working arrangements between Frontex and EUBAM Libya and between Frontex and EUCAP Sahel Niger
Possible costs of implementing the Prüm II Regulation
Communication between emergency services across the EU
New EMSA-Europol service
Renewal and expansion of EMSA drone services
Use of satellites with ships radar for maritime surveillance
Division of tasks for Frontex drone flights
Hourly cost of Frontex aerial surveillance
Detection and notification of maritime emergencies
Frontex-Satellite services for EU Member States
Cooperation agreement between EMSA and EUNAVFOR MED
Helicopters for Frontex
Frontex air surveillance hours of the ‘pre-frontier area’ in the central Mediterranean Sea
Number of crewed and uncrewed surveillance flights at the EU’s external borders
Enlargement of the Africa-Frontex Intelligence Community
Satellite-based EUROSUR surveillance in the pre-frontier area (2021)
Procurement of quadcopters for Frontex operations
Frontex operations in the Republic of Moldova
Use of the container-based Maritime Rescue Coordination Centre in Libya
Registration of Frontex flights with the Libyan Civil Aviation Authority
Review of Frontex air surveillance
EU allocations for the Egyptian Coast Guard
Contact with companies specialised in detecting and identifying ship radars via satellite
Frontex’s use of spy satellites
Setting up a working group on ‘EU cyber intelligence services’
Stratospheric platforms for Frontex
Support for authorities in Libya to conduct maritime operations
New technologies for the surveillance of the Mediterranean by Libya
IT systems for Libyan customs and border control agencies
Support for a counter-terrorism analytical unit in Libya
Third-country tenderers participating in EU public procurement procedures
Distress signals sent out by Frontex aircraft
Border management for the Western Balkans under the IPA III project
Measures by EUCAP Sahel Niger to prevent irregular migration
EU Support for the Southeast European Law Enforcement Center
IRINI and Frontex cooperating closely
IRINI and Frontex cooperating closely
Emergency support from the ‘Standing Corps’ for the entry into operation of the Entry/Exit System
ISF-backed SCOPE project aimed at preventing migration from Türkiye and the Western Balkans
Police and customs cooperation centres
Financing bilateral migration controls in south-eastern Europe
Initiatives by Mediterranean coastal states on rescue at sea
Modifying IMO guidelines in response to search-and-rescue activities in the Mediterranean
Frontex checkpoints in Gibraltar
Turkish airstrikes and bombings in northern and eastern Syria, and destruction of civilian infrastructure
Revising public procurement legislation to stop the publicly financed race to the bottom on working conditions
Capacity building for Nigerien border management
Support for and use of Airbus’s ‘Zephyr’
Frontex agreements with Senegal and Mauritania
Operation IRINI measures to combat oil and fuel smuggling
EPF – contributions and payments
Obstructions to operations in the Libyan maritime rescue area
Loss of technical equipment for a maritime search and rescue coordination centre in Libya
Coordination Group for interception operations with Libya
Pilot projects on border monitoring
Contact Group on Search and Rescue discussing guidelines for sea rescue vessels
Working arrangements to involve third countries in EUROSUR
Frontex reconnaissance in connection with the maritime emergency off the Italian province of Crotone
ISF-backed SCOPE project aimed at preventing migration from Türkiye and the Western Balkans
The situation of Turkish and Syrian children orphaned by the earthquake
Whereabouts of the armoured vehicles and weapons seized by IRINI
Deployment of cyber support teams
Intelligence service activities of the Civilian Planning and Conduct Capability directorate
EDF projects with autonomous functionality
Complaint against DG DEFIS regarding the selection of EDF projects
European Defence Fund 2021 calls for proposals and results
Aircraft and drones chartered by Frontex in the Mediterranean
Bans on demonstrations to express solidarity with the Palestinian people
Cooperation between the European Union Agency for Asylum (EUAA) and Egypt
Monitoring respect for human rights in Libya
Setting up operational contact points for search-and-rescue operations
EU HYDEF air and missile defence programme
Seizing and decommissioning of weapons under Operation IRINI
European Defence Fund: Convoy Operations with Manned-unManneD Systems (COMMANDS)
European initiative for collaborative air combat standardisation
European Defence Fund - screening of companies
European Defence Fund – ethical checks
Pilot project on border surveillance and control in Romania
Funding of maritime border monitoring assets for Egypt
European Defence Fund: Convoy Operations with Manned-unManneD Systems (COMMANDS), in particular artificial intelligence (AI) functions
Frontex’s use of SatCen satellite data
Multipurpose Aerial Surveillance operations in 2022 and 2023
Offers to the Greek Coast Guard to deploy drones
Transmission to Ukraine of SatCen satellite data for military reconnaissance
Crash of a second long-range drone operated on Frontex’s behalf
Operational cooperation with Senegal following the termination of Operation Hera
The UK’s participation in Eurosur and support for Frontex
SatCen framework agreement with Germany, France, Italy, Luxembourg and Spain
Results of monitoring respect for human rights in Libya
Commission efforts to improve the situation of the unpaid truck drivers in Gräfenhausen
Deployment of a mobile surveillance system (MSS) by Frontex
Frontex drone crash
Humanitarian aid operations in accordance with European standards
The Seahorse project on monitoring migration from North Africa
Seahorse Mediterranean network participants
Statistics regarding the Frontex Standing Corps
Amendments (837)
Amendment 1 #
2023/2866(RSP)
Citation 4 a (new)
– having regard to the resolution of the European Parliament of 14 January 2014 on effective labour inspections as a strategy to improve working conditions in Europe,
Amendment 6 #
2023/2866(RSP)
Recital A
A. whereas, in 2021, there were about 10 million EU citizens of working age living in another Member State3 ; whereas the number of non-EUthird country nationals living and working in the EU has increased in recent years; whereas, in 2022, 9.93 million non- EU citizens were employed in the EU labour market, corresponding to 5.1 % of the total working age population4 ; whereas third country nationals do not fall yet under the scope of the European Labour Authority even the situations and problems are similar to EU citizens; _________________ 3 European Commission, ‘Annual Report on Intra-EU Labour Mobility 2022’, Directorate-General for Employment, Social Affairs and Inclusion, 2022. 4 European Commission, ‘Statistics on migration to Europe’, May 2023.
Amendment 12 #
2023/2866(RSP)
Recital C
C. whereas labour mobility creates economic growth and benefits for the whole EU andoften situations in which workers suffer from exploitative work relations and bad working conditions, lacking information about labour rights and applicable collective agreements and often because of missing language skills in the whole EU; whereas carrying out services in the EU offers opportunities for workers and undertakings into misuse the single market for social dumping; whereas ensuring failabour mobility and fair based on the principle of equal pay for equal work and not based on wage-competition remainsis still a challenge as a result of the 27 different labour market regimes within national regulations and practices and low santions; whereas EU legislation must beis often not duly implemented and enforced in all Member States; because of the lacking national and cross-border labour inspections;
Amendment 21 #
2023/2866(RSP)
Recital D
D. whereas the European Pillar of Social Rights, proclaimed in Gothenburg in 2017, sets out 20 principles and establishes a social rulebook towards a strong, social Europe that is fair and inclusive; whereas equal rights and opportunities and access to the labour market, fair working conditions and social protection and inclusion are cornerstones of the EU anchored in the Treaties;
Amendment 22 #
2023/2866(RSP)
Recital E
E. whereas national enforcement authorities, such as labour and social security inspectorates, and social partners involved in labour and social security inspections, struggle to effectively enforce national and EU law, especially in cross- border situations; whereas effective enforcement requires structured cooperation and information exchanges between Member States and all relevant stakeholders; Member States need to provide their inspectorates with the necessary means to carry out their tasks at national level and in particular because the cooperation with European Labour Authority (ELA) creates new tasks on top which requires new resources and capacities which could affect in particular smaller Member States;
Amendment 27 #
2023/2866(RSP)
Recital F
F. whereas the European Labour Authority (ELA) was established with the aim of facilitating fair mobility and effective enforcement of labour rights: whereas cross-border cooperation and the exchange of information between Member States, supporting fair and well- functioning labour markets and welfare systems, and ensuring fair competition in the single markethould be facilitated by ELA as well as enforcement of labour law and carrying out joint and concerted labour inspection, supporting just and well- functioning labour markets and welfare systems, and ensuring the protection of workers in the single market which allows competition on good products but not on wages and working conditions;
Amendment 30 #
2023/2866(RSP)
Recital F a (new)
Amendment 33 #
2023/2866(RSP)
Recital G
G. whereas, based on its founding regulation, ELA carries out several tasks: facilitating access to information for individuals and employSocial Partners on labour mobility, supporting Member States in promoting cross-border job matching and coordinating the European Employment Services (EURES), facilitating cooperation and the exchange of information between Member States, coordinating and supporting concerted and joint inspections, carrying out analyses and risk assessments on issues related to cross-border labour mobility, supporting Member States with capacity building in the field of labour mobility and tackling undeclared work, and mediating disputes between Member States on the application of relevant EU law;
Amendment 35 #
2023/2866(RSP)
Recital H
H. whereas ELA has not yet reached its full operational potential; whereas ELA’s activities are restricted due to the voluntary nature of the cooperation and participation of Member States and the limited rights to request and process data of the affected workers and other means like tachographs; whereas the legal framework of the authority prevents it from carrying out investigations and inquries on its own initiative or dealing with labour migration from non-EUthird country countries;
Amendment 42 #
2023/2866(RSP)
Recital H a (new)
H a. whereas the purpose of the revision clause of the founding regulation is to modify the mandate and not only to do an ex-post analysis of the work since 2019;
Amendment 44 #
2023/2866(RSP)
Recital H b (new)
Amendment 45 #
2023/2866(RSP)
Recital I
I. whereas the European Banking Authority was given the mandate of carrying out investigations on its own initiative; whereas some European agencies, such as Europol, have access to the database of the Internal Market Information (IMI) System and are allowed to process personal data; whereas the European Labour Authority is lacking similar rights;
Amendment 47 #
2023/2866(RSP)
Recital J
J. whereas social partners may bringcould inform ELA about cross-border cases towith the attention of ELApurpose of initiate cross-border inspections; whereas the timely, systematic and structural involvement of EU, sectoral and national social partners is indispensable in improving the effectiveness of ELA;
Amendment 49 #
2023/2866(RSP)
Recital J a (new)
J a. Whereas ELA could be informed about cross-border law breaches not only after the exhaustion of national remedies;
Amendment 50 #
2023/2866(RSP)
Recital J b (new)
J b. whereas the procedures how to involve the social partners in the procedures is often not clarified;
Amendment 51 #
2023/2866(RSP)
Recital J c (new)
J c. whereas the analyses and surveys are often carried out by external contractors for ELA; whereas this external transfer of important tasks hinders the necessary continuity to build up expertise and it endangers the independence of the European Labour Authority;
Amendment 52 #
2023/2866(RSP)
Recital K
K. whereas by 1 August 2024, and every five years thereafter, the Commission shall assess ELA’s performance in relation to its objectives, mandate and tasks in compliance with Article 40 of Regulation (EU) 2019/1149; whereas the evaluation of ELA should, in particular, assess whether there is a need to modify its mandate and the scope of its activities, including the expansion of its scope to cover sector-specific needs in particular in the most affected sectors such as construction, transport and agriculture; whereas the evaluation should also explore further synergies and opportunities to streamline with other agencies in the area of employment and social policy;
Amendment 55 #
2023/2866(RSP)
Recital K a (new)
K a. whereas the evaluation should further explore in cases of crimes and the involvement of organised crime for example in the construction sector regular cooperation and exchange with Europol, Eurojust and in cases where European subsidies are involved with EPPO;
Amendment 56 #
2023/2866(RSP)
Recital L
L. whereas in its resolution of 11 May 2023 on a roadmap towards a social Europe – two years after the Porto Social Summit, Parliament underlined the importance of a well-functioning and efficient ELA; whereas Parliament has already called on the Commission to make use of the opportunity presented by the forthcoming evaluation to submit a legislative proposal to review the scope of ELA’s founding regulation and allow it to realise its full potential, especially concerning ELA’s inquiry and investigation powers;
Amendment 66 #
2023/2866(RSP)
Paragraph 2
2. Calls for ELA’s mandate to be substantially strengthened in order to allow it to investigate alleged breaches orgurantee to start inquires and to investigate alleged breaches of workers´ rights, lacking enforcement and non- application of EU law and to initiate and conduct own inspections on its own initiative; stresses the need to keep national competent authorities and social partners following national laws and practices informed of any ELA investigation in their jurisdiction and to ensure that national competent authorities and social partners following national law and practices of the Member States provide ELA with any information that it considers necessary for its investigation, without delay;
Amendment 70 #
2023/2866(RSP)
Paragraph 2 a (new)
2 a. Calls for the European Labour Authority (ELA) to become a powerful tool to tackle fraud and breaches of workers rights in mobile work with effective cross-border inspections and to inform about good and bad examples in the sectors and in the field of labour law and to issue risk assessment in particualar on the most affected sectors;
Amendment 71 #
2023/2866(RSP)
Paragraph 2 b (new)
2 b. States that in some Member States labour inspections are carried out by Social Partners. Stresses that the autonomy of the Social Partners needs to be guaranteed at all levels and at all steps of the procedure;
Amendment 72 #
2023/2866(RSP)
Paragraph 2 c (new)
Amendment 73 #
2023/2866(RSP)
Paragraph 2 d (new)
2 d. Calls the Commission and the Member States to take all necessary steps that labour mobility is no longer a business model in the Single Market on fraudulent construction of legal and unlegal instruments on cross-border and mobile work like Posting of Workers, Temporary Agency Work, Intra- Corporate Transfer, Seasonal Work with EU-workers and third-country nationals, letter box companies and subcontracting- chains based on wage competition, precarious working conditions, undeclared work and bogus-self- employment;
Amendment 74 #
2023/2866(RSP)
Paragraph 2 e (new)
2 e. Calls on the Member States to enforce the national and EU labour law effective and treat breaches of workers´ rights seriously, especially in the field of labour mobility and to allow Trade Unions to go before the court on behalf of workers, especially of mobile workers and to ensure that workers receive the withheld wages and remunerations and compensation, ensure that social security contributions are paid since the fraud or withheld have started, establish a system of penalties and criminal law sanctions that employers are deterred to break the law, establish a European list of employers and companies where breaches of mobile labour law is registered;
Amendment 75 #
2023/2866(RSP)
Paragraph 3
3. Recalls that the scope of ELA is limited to the EU acts mentioned in its founding regulation; notes, however, that the authority is often confronted with sector-specific problems and labour mobility issues related to non-EU nationalsthird country nationals to whom the relevant labour legislation for third country workers is applicable; calls, therefore, for its scope to be expanded to include non-EUthird country nationals, to better support Member States in the application of relevant EU law such as Seasonal Workers Directive, Intra- corporate Transfer Directive and Employers´ Sanctions Directive and to explicitly take up sector-specific legislation, for example, in the transportconstruction, transport and agriculture sector;
Amendment 83 #
2023/2866(RSP)
Paragraph 4
4. Highlights the need to ensure adequate follow-up on concerted andrecord breaches of workers' rights and the exact details on unpaid wages and unpaid social securtity contributions and to be involved from the beginning to the end of a procedure of cases which have led to joint inspections supported or facilitated by ELA; calls for effective procedures in order to ensure that detected breaches of national and EU law in the area of labour mobility are properly addressed through administrative or legal procedures in the Member States; underlines that ELA should be able to support affected workers and Member State's authorities to bring detected breaches in front of a court of the concerned Member State; stresses that cases brought to its attention by social partner organisations shall be thoroughly pursued by ELA; highlights that social partners should be able to request joint or concerted inspections by ELA and should receive a comprehensive justification in the event that the authority rejects a request;
Amendment 90 #
2023/2866(RSP)
Paragraph 5
5. Calls for the timely, systematic and structural involvement of EU, sectoral and national social partners to improve the effectiveness of ELA; calls for a clarification of the procedures in this regard; calls on national competent authorities to cooperate more closely with their national social partners due to the fact that they are experts on their sectors and labour rights and have the necessary information in this regard;
Amendment 99 #
2023/2866(RSP)
Paragraph 6 a (new)
6 a. Stresses that ELA needs sufficient resources and capacities with own staff to carry out its tasks in particular inspections in the field to detect breaches of workers´ rights, lacking enforcement and application of law, including workers from third countries;
Amendment 101 #
2023/2866(RSP)
Paragraph 7
7. Notes the increase in workers from non-EUthird countries entering the EU labour market, who often find themselves in precarious working conditions; underlines that ELA should be empowered to address the situation of non-EU national because they are usually even more vulnerable compared with mobile workers within the EU; underlines that ELA shall have the competences to address the situation of third country nationals in the field of labour law and labour migration law like Seasonal workers from third countries, Employers Sanction Directives and that close cooperation with Member States and social partners is needed in this regard; points out that Member States could benefit from ELA’s ability to provide a clear overview of the migration flowmoves of non-EUthird country workers; stresses that ELA should be ablehave the rights to collect and access data related to non-EUthird country nationals and support Member States to better enforce existing labour mobility legislation for the non-EUthird country nationals working in the single marketwithin the EU;
Amendment 110 #
2023/2866(RSP)
Paragraph 8 a (new)
8 a. Calls for clarifying of the procedures on the involvement of the social partners on all levels in cross- border cases, as ELA is not the remedy of last resort on breaches of workers´ rights like laid down in the guidelines of cross- border inspections;
Amendment 115 #
2023/2866(RSP)
Paragraph 9
9. Calls for a clear provisionright allowing ELA to process sensitive and personal data related to investigations and operational analyses; considers it importantalls for the competence that ELA have access to the IMI System and other relevant databases; stresses that ELA also needs to have access to all national data relevant for its work, including findings from inspections or enforcement activities by Member States;
Amendment 116 #
2023/2866(RSP)
Paragraph 9 a (new)
9 a. Calls for the competences to request data related to cross-border inspections of affected workers and means, for example tachographs similar to the Banking Authority;
Amendment 118 #
2023/2866(RSP)
Paragraph 9 b (new)
9 b. Calls for expanding the cooperation in cases of crimes and the involvement of organised crime for example in the construction sector regarding the exchange of information with Europol, Eurojust and in cases where European subsidies are affected with EPPO;
Amendment 119 #
2023/2866(RSP)
Paragraph 10
10. Notes that the high proportion of seconded national experts (SNEs) in ELA brings significant additional challenges to its operations in the medium and long term; recalls that SNEs only have temporary assignments, which may contribute to institutional inconsistency and jeopardise operational continuity when inspectorates are not carry out independent and neutral; calls, therefore, for the conversion of a sufficient number of SNE posts to permanent posts and to provide sufficient resources to reach this objective and to contribute to realise as many as possible cross-border inspections;
Amendment 158 #
2023/2119(INI)
2. Confirmsiders the EU will continue to support Ukraine for as long as it takes toapproach to militarily support Ukraine will not end Russia’s war of aggression and restore Ukraine’s territorial integrity within its internationally recognised borders, enabling it to effectively exercise its sovereignty, protect its civilians and fulfil their wish for EU membershipbut will lead to more suffering in Ukraine, to further destruction and hardship while the war gets prolonged with more and more deaths and injured; calls on EU Member States instead to make all efforts to increase diplomacy and either initiate or support diplomatic efforts to reach as first step an immediate ceasefire and to craete the environment for peace negotiations and the initiativen of the process of sustainable recovery, reconstruction and modernisation of Ukraine;
Amendment 174 #
2023/2119(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StresCriticises the importanceestablishment of the European Peace Facility (EPF) in 2020, which has supportednot facilitated any peace but is fulling the Ukrainian armed forces by financing and delivering weapons, munition, military equipment and training, while providing coordination for all stakeholders through the Clearing House Mechanism hosted by the EU Military Staff; calls for the financial sustainabch only leads to further fuelling the war and arms exports than preventing them; urges, instead of further pursuing military and durability of the EPF to be ensured in order to provide Ukraine and other EU partners around the world with the support they requestpproaches to address the causes of conflicts and wars through diplomatic and peaceful conflict resolution;
Amendment 191 #
2023/2119(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines the EU’s concreCriticises the unprecedented support to Ukraine through the ‘three ammunition tracks’; urges faster delivery of ammunition from Member States’ existing stocks through the EPF; calls for the joint procurement of ammunition for Ukraine to be sped up and stresses the need to ramp up the third track and ensure the effective implementation of thepeed of militarisation and the built-up of a military Union with armoury budgets like the European defence industry reinforcement through common procurement act (EDIRPA), Act in Support of Ammunition Production (ASAP); fEurther stresses that concrete steps should be taken towards Ukraine’s integration in EU defence policies and programmes during the EU membership process, building on the existing agreement with the European Defence Agency (EDA) and as a beneficiary of the European defence industry reinforcement through common procurement act (EDIRPA); calls on the European External Action Service to come forward with a plan for a sustainable and long- term package of security commitments for Ukraineopean Defence Fund (EDF) which are financed from EU budget which violates Article 41.2 TEU and therefore needs to be classified as illegal; opposes the establishment of a military union as well as the continued support of the defence and arms industry; stresses that the transformation of the EU into a military union will be mainly at the expense of social programmes and civil conflict resolution;
Amendment 224 #
2023/2119(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Rejects the Strategic Compass and its presentation as a security strategy, where the security needs of the people in the EU and peace are not a priority; stresses that the compass is rather a working programme to rearm the European Union and its member states; deplores that the European Union has once again missed the opportunity to seriously analyse the fundamental origins of conflicts, insecurity and wars; underlines that the strategic compass could have been the beginning to re- establish a european peace order and to focus on political balance, diplomacy and disarmament instead of escalation, power struggles and war; highlighting in this regards the obvious limits of military crisis management, in particular military missions and operations as the conflicts and developments in Afghanistan, Mali, Somalia, Burkina Faso and lately Niger have shown; calls for the reconsideration and finally for the termination of EU- military training and advisory missions also in view of their disastrous results and effects;
Amendment 14 #
2023/2029(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Neighbourhood, Development and International Cooperation Instrument –Global Europe (‘the Instrument’) entered into force on 14 June 2021 and consolidated a multitude ofmerged previous instruments under a single instrument;
Amendment 41 #
2023/2029(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the need to review the EU’s external and development policies in the light of geopolitical changes; recognises the enhanced importance of strategic partnerships with partner countries and the specific Article 208 TFEU, which states that development aid shall have as its primary objective the reduction and, in the long term, the eradication of poverty; recognises the enhanced importance of global food security and food sovereignty in view of wars, conflicts and climate change via local and sustainable agri- food production; calls for investing in equitable partnerships to increase food access and availability, bolster nutrition, improlve of EU investments, which have to reflect both the interests of the EU and the interests of our partnerfarmers’ livelihoods, create inclusive and gender-sensitive job opportunities, foster local added value chains, promote ownership and equitable fair access and sustainable management of natural (energy) resources;
Amendment 56 #
2023/2029(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the consolidationCriticises the merge of most of the EU’s external action in a single Instrument, gradually streamlining and harmonising the numerous previous instruments; is of the opinion, however, that although this simplification has enhanced flexibility and efficiency, itsince it did not lead to more efficiency, effectiveness nor it increased transparency nor parliamentary control but on the contrary, the merge facilitates the full subordination of external EU- funding, to security, geopolitical and economic interests of the EU; points out that the results of this geopolitical- driven approach can be seen exemplary in the Sahel region; stresses that the rededication and subordination of development and cooperation funds towards the military, security and anti- migration programmes did and will not increase stability nor create peace, but exacerbate conflicts and factually reduces funds for real development tasks and assistance; is of the opinion, that this simplification has not been accompanied by sufficient levels of effective accountability;
Amendment 114 #
2023/2029(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reaffirms the commitment outlined in the Instrument to addressing the root causes of irregularforced migration and forced displacement due to the geopolitical agenda of the EU; is of the opinion that, without prejudice to unforeseen circumstances, the commitment within the Instrument to dedicate an indicative 10 % of the Instrument’s financial envelope to actions supporting the management and governance of migration and forced displacement within the objectives of the Instrument should be respected and that this clause should not be reopeneddurable solutions, the establishment of a civilian EU Search And Rescue mission and the right to seek asylum in Europe should not be reopened; rejects the further enhancing of border management capacities and fighting migration which lead to the criminalisation of migrants and of those assisting them;
Amendment 189 #
2023/2029(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Recalls Parliament’s functions of political control and consultation and stresses the role of the high-level geopolitical dialogue in providing general orientations for the implementation of the Instrument; deplores that no meaningful parliamentary scrutiny, oversight, traceability and control of the Instrument is in place; stresses that the exchange and access to prior information when it comes to the programming and implementation process is not at all satisfactory and prevents parliamentary oversight; emphasises that the programming process must closely involve civil societies and local authorities of the respective countries and be based to a greater extent on decentralised cooperation in its conception, rollout and implementation, in order to establish solid and lasting partnerships, to meet the precise needs of populations and take the social and economic realities of the concerned people into account;
Amendment 97 #
2023/0200(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Ukraine will suffer further destruction and disarray while the war continues. Under the continuation of this scenario the long-term effectiveness and logic of the Facility will be undermined. EU Member States shall make all efforts to increase diplomacy and bring about an end to the war so that our support through the Facility can build lasting results and aid Ukraine with sustainable recovery, reconstruction and modernisation.
Amendment 139 #
2023/0200(COD)
Proposal for a regulation
Recital 34 a (new)
Recital 34 a (new)
(34a) The Facility and the reconstruction of Ukraine will not be used by investment funds to benefit their asset portfolios and balance sheets by appropriating Ukraine's public goods, public assets, lands, key industries and infrastructure and facilitating the wide scale privatisation and financialisation of Ukrainian social enterprises by international capital.
Amendment 180 #
2023/0200(COD)
Proposal for a regulation
Recital 47 a (new)
Recital 47 a (new)
(47a) Given the already considerable debt burden faced by Ukraine, at least 50 percent of the Union support through the Facility should be in the form of grants.
Amendment 183 #
2023/0200(COD)
Proposal for a regulation
Recital 48 a (new)
Recital 48 a (new)
(48a) Recalls that Ukraine's debt burden was critical before the Russian invasion and has only worsened during the course of the war, and that in light of the severity of the economic situation in Ukraine, continuing to pay off pre-war debt and debt accrued during the war will severely limit Ukraine's access to public funds for reconstruction and the provision of public goods and services in the interest of upholding the human rights of the Ukranian population, therefore the EU will call on international borrowing institutions such as the International Monetary Fund, the World Bank, development banks, and international financial institutions to cancel Ukraine's external debt.
Amendment 242 #
2023/0200(COD)
Proposal for a regulation
Recital 92
Recital 92
(92) While it is primarily the responsibility of Ukraine to ensure that the Facility is implemented in compliance with applicable standards, taking into account the principle of proportionality and the specific conditions under which the Facility will operate, the Commission should be able to receive sufficient assurance from Ukraine in that regard. To that end, Ukraine should commit in the Plan to improve its current management and control system and to recovering amounts misused, and the committment should be accompanied by an implementation plan, to include timelines, to be agreed with the Commission. Ukraine should establish a monitoring system feeding into an annual progress report. Ukraine should collect data and information allowing the prevention, detection and correction of irregularities, fraud, corruption and conflicts of interests, in relation to the measures supported by the Facility, and this data should be shared with the Audit Board on a monthly basis. The framework agreement and the financing and loan agreements should provide for the obligations of Ukraine to ensure the collection of, and access by the Audit Board and the Commission to, adequate data on persons and entities receiving funding for the implementation of measures of the Ukraine Plan.
Amendment 319 #
2023/0200(COD)
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. A precondition for the support to Ukraine under the Facility shall be that Ukraine continuereturns to upholding and respecting effective democratic mechanisms, including a multi-party parliamentary system, andreversing the banning of multiple opposition political parties, restoring the multi-party parliamentary system, restores workers collective bargaining rights, reverses bans on opposition media organisations and ceases attacks on press freedom, upholds the rule of law, and to guarantees respect for human rights, including the rights of persons belonging to minorities.
Amendment 462 #
2023/0200(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Ukraine shall publish data on persons and entities receiving amounts of funding exceeding the equivalent of EUR 2500 000 for the implementation of reforms and investments specified in the Ukraine Plan referred to in this Chapter. Ukraine shall update those data twice a year, in June and December.
Amendment 526 #
2023/0200(COD)
Proposal for a regulation
Article 34 – paragraph 7 – subparagraph 2
Article 34 – paragraph 7 – subparagraph 2
In addition, the Audit Board shall adopt recommendations to Ukraine on all cases where in its views competent Ukrainian authorities have not taken the necessary steps to prevent, detect and correct fraud, corruption, conflict of interests and irregularities that have affected or seriously risk affecting the sound financial management of the expenditure financed under the Facility and in all cases where it identifies weaknesses affecting the design and functioning of the control system put in place by Ukrainian authorities. Ukraine shall implement such recommendations, or provide a justification on why it has not done so in a timely fashion. In exceptional cases, a request may be made for an extension of time in which to implement the recommendations, but in all cases this should not exceed six months after the initial recommendation was made.
Amendment 17 #
2023/0155(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Good working conditions for drivers and fair business conditions for road transport undertakings are of paramount importance to create an efficient, safe and socially accountable road transport sector, ensure non- discrimination and attract qualified workers. It is therefore essential that Union social rules on road transport are clear, proportionate, fit for purpose, easy to apply, and easy to enforce and implemented in an effective and consistent manner throughout the Union. On the enforcement of the rules there have been made improvements but there are still steps to be taken for example the recording of working hours especially in situation when different tasks are mixed at the same day like driving a bus and driving a lorry;
Amendment 29 #
2023/0155(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) More flexibility in the scheduling of breaks for drivers engaged in occasional road passenger transport services should not prevent those drivers from taking breaks of the minimum duration necessary to enable them to rest properly. Therefore, it is appropriate to set a minimum duration for each break. Therefore, drivers engaged in occasional road passenger transport services should be allowed to split their obligatory break into two or three separate breaks of at least 15 minutes each, in addition to the other possibility of splitting a breakdistributed freely over the driving periods.
Amendment 34 #
2023/0155(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) To ensure that greater flexibility in the scheduling of rest periods of drivers engaged in occasional road passenger transport services is not abused, it is essential to clearly delimit the scope of such flexibility and also to provide for appropriate checks. Drivers should therefore be able to postpone the start of their daily rest periods for a maximum period of 1 or 2 hours, in cases where the driving period for that day has not exceeded 5 or 7 hours respectively, and should postpone the start only when carrying out journeys of 84 days or longer. Such flexibility should be further limited to only one of eachtwo derogations during the period of the tour. It should be also possible to counter check such circumstances with a printout from the recording equipment or the duty roster, in addition to the tachograph records.
Amendment 38 #
2023/0155(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Since the objectives of this Regulation, namely to ensure fair competition and improve working conditions and road safety through the harmonisation of the rules on breaks and rest periods for drivers engaged in occasional road passenger transport services, cannot be sufficiently achieved by the Member States especially in cross- border situations , but can rather, by reason of the nature of the objectives, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.
Amendment 42 #
2023/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
For a driver engaged in an occasional passenger service the break referred to in the first paragraph may also be replaced by two or three breaks of at least 15 minutes each, distributed over the driving period referred to in the first paragraph, in such a way as to comply with the first paragraph.;
Amendment 46 #
2023/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 561/2006
Article 8 paragraph 2a subparagraph 1
Article 8 paragraph 2a subparagraph 1
2a. Provided that road safety is not thereby jeopardised, a driver engaged in an occasional passenger service accompanied by one journey, with a duration of at least 84 days may derogate from paragraph 2, first subparagraph, in the following ways:
Amendment 56 #
2023/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 2a – subparagraph 1 – point b
Article 8 – paragraph 2a – subparagraph 1 – point b
Amendment 62 #
2023/0155(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 – point a
Article 1 – paragraph 1 – point 3 – point a
Regulation (EC) No 561/2006
Article 8 – paragraph 2a – subparagraph 2
Article 8 – paragraph 2a – subparagraph 2
Amendment 9 #
2022/2205(INI)
Motion for a resolution
Citation 4
Citation 4
– having regard to the negotiating framework for Turkey of 3 October 2005, and the full adherence to Copenhagen criteria which remains a precondition for the successful outcome of any accession process,
Amendment 11 #
2022/2205(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to the declaration issued by the then European Community and its Member States on 21 September 2005, following the declaration made by Turkey upon signature on 29 July 2005 of the Ankara Protocol, including the provision that the recognition of all Member States is a necessary component of the negotiations, and to the need for Turkey to proceed to the normalization of its relations with all Member States and to fully implement the Additional Protocol to the Ankara Agreement towards all Member States, by removing all obstacles to the free movement of goods, including restrictions on means of transport, without prejudice and discrimination,
Amendment 15 #
2022/2205(INI)
Motion for a resolution
Citation 4 b (new)
Citation 4 b (new)
– having regard to the restrictive measures’ framework established by the EU on 11 November 2019, as a result of the illegal drilling activities of Turkey in Eastern Mediterranean, which was renewed on 12 November 2020 and 12 November 2021,
Amendment 88 #
2022/2205(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas, the tensions between the EU and Turkey, in relation to the situation in the Eastern Mediterranean have de-escalated but not ceased;
Amendment 89 #
2022/2205(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas Turkey has been repeatedly asked to refrain from all actions which violate the sovereignty and sovereign rights of all EU member-states in violation of international and EU law;
Amendment 90 #
2022/2205(INI)
Motion for a resolution
Recital F
Recital F
Amendment 153 #
2022/2205(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 174 #
2022/2205(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Considers that, in terms of human rights and the rule of law, the desolate picture painted in its resolution of 7 June 2022 on the 2021 Commission Report on Turkey remains valid, and reiterates the content of that resolution; fully endorses the resolution of the Parliamentary Assembly of the Council of Europe of 12 October 2022, and the related report by its Monitoring Committee, on the honouring of obligations and commitments by Türkiye, as well as the resolutions adopted by the Committee of Ministers of the Council of Europe pending the execution of judgments of the European Court of Human Rights;
Amendment 193 #
2022/2205(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is dismayed by the fact that, far from the negative trend stopping or being reversed, the democratic backsliding in Türkiye has continued in the last year, with new legal reforms and a relentless crackdown on any critical voice, particularly ahead of and during the recent elections; affirms with regret that Türkiye has now become a global showcase for all kinds of authoritarian practices; it is concerned that after the last elections, repression and persecution of political opposition will intensify due to the worsening of the country's economic situation;
Amendment 206 #
2022/2205(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Remains deeply concerned about the lack of independence of the judiciary, the continued breach of the obligation to abide by the landmark rulings of the European Court of Human Rights, the serious restrictions on fundamental freedoms – particularly freedom of expression and of association – and the constant attacks on the fundamental rights of members of the opposition, lawyers, trade unionists, members of minorities, journalists, academics and civil society activists in Türkiye; is particularly worried by the continued crackdown on Kurdish politicians, journalists, lawyers and artists; expresses concern about the deterioration of the rights of women and the constant targeting and harassment of LGBTI+ people, both of whom could see their rights further curtailed by the possible amendments to Türkiye’s constitution; reminds of the situation of political prisoners suffering tortures, especially the situation of Mücella Yapıcı (72 years old), who was imprisoned in the Gezi trial, and notes the increase in deaths;
Amendment 222 #
2022/2205(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Reiterates its strong condemnation of Turkey’s withdrawal, by presidential decree, from the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention);a decision that is particularly alarming against the background of continuing high number of femicides in the country; in deploring this decision it underlines that it constitutes an enormous set back to efforts to promote women’s rights in the country and reiterates its call on Turkey’s Government to reverse this unacceptable decision;
Amendment 225 #
2022/2205(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Concludes that the Turkish Government has no interest in closing the persistent and growing gap between Türkiye and the EU on values and standards, as it has shown, for the past few years, a clear lack of political will to carry out the necessary reforms to address, in particular, the serious concerns about the rule of law and fundamental rights and normalise its relations with EU Member States that continue to negatively affect the country’s EU accession process; notes with concern that there are still no signs of implementing the judgments of the European Court of Human Rights (ECtHR) and consequently releasing political prisoners such as Osman Kavala and Selahattin Demirtas;
Amendment 247 #
2022/2205(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes, after a confrontational period, Türkiye’s recent steps towards normalising relations with several countries, such as Armenia, Egypt, Israel and the Gulf states, but remains concerned by the fact that Türkiye’s foreign policy still clashes in many aspects with EU interests and, far from growing closer to the EU, it has further diverged in the last year, reaching a record low of alignment with just 7 % of common foreign and security policy decision; regrets though that Türkiye is yet to take concrete steps in normalising its relations with all states in the region in adherence with international law and stop illegally intervening in regional crises;
Amendment 260 #
2022/2205(INI)
Motion for a resolution
Paragraph 12 c (new)
Paragraph 12 c (new)
Amendment 261 #
2022/2205(INI)
Motion for a resolution
Paragraph 12 d (new)
Paragraph 12 d (new)
12d. Calls on all EU Member States, in view of Turkey’s militarized foreign policy, to stop all arms exports to Turkey;
Amendment 262 #
2022/2205(INI)
Motion for a resolution
Paragraph 12 e (new)
Paragraph 12 e (new)
12e. Reiterates its call on the Turkish Government to halt its plans for the construction of the Akkuyu nuclear power plant, located in a region prone to severe earthquakes as the recent devastating experience underlines, hence posing a major threat not only to Turkey, but also to the entire Mediterranean region; requests, accordingly, that the Turkish Government join the Espoo Convention, which commits its parties to notifying and consulting each other on major projects under consideration that are likely to have a significant adverse environmental impact across boundaries; asks, to this end, the Turkish Government to involve, or at least consult, the governments of its neighbouring countries in relation to any further developments in the Akkuyu venture;
Amendment 287 #
2022/2205(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Condemns Turkey for continuing to provocatively ignore the unambiguous calls of the international community, including of the EU, to reverse its illegal activities at Varosha and refrain from proceeding with new unilateral actions that create severe tensions on the island; expresses its deep concern in relation to the ongoing “opening” of Varosha by Türkiye as this negatively alters the situation on the ground, undermines mutual trust and negatively impacts on the prospects for the resumption of direct talks on the comprehensive solution of the Cyprus problem; strongly urges Turkey for once more to reverse its illegal and unilateral actions at Varosha and reiterates that these violate past agreements and convergences, as well as all the relevant UNSC resolutions; particularly Resolutions 550 (1984) and 789 (1992) which call upon Türkiye to transfer the area of Varosha to its lawful inhabitants under the temporary administration of the UN; warns against changes impinging upon the status quo at Varosha in violation of the aforementioned UNSC resolutions;
Amendment 299 #
2022/2205(INI)
Motion for a resolution
Paragraph 13 b (new)
Paragraph 13 b (new)
13b. Calls on Turkey to refrain from any unilateral actions which entrench on the ground the permanent division of the island as opposed to its reunification and jeopardise the prospects of substantial negotiations; calls on Turkey to begin withdrawing its troops from Cyprus and to refrain from any actions altering the demographic balance on the island through its policy of illegal settlements; taking note of the significant work of the Committee of Missing Persons (CMP) calls for improved access to military zones by the Turkish army, access to its military archives and information as to the relocation of remains from former to latter burial sites;
Amendment 342 #
2022/2205(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Reiterates its firm conviction that Türkiye is a country of strategic relevance in political, economic and foreign policy terms, a key partner for the stability of the wider region and a vital ally, including within NATO, and reaffirms that the EU is committed to pursuing the best possible relations with Türkiye based on dialogue, respect and mutual trust;
Amendment 376 #
2022/2205(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Insists that democracy, the rule of law and fundamental rights should remain at the heart of good neighbourly relations between the EU and Türkiye and that any framework for those relations should be firmly underpinned byEU and Türkiye relations; reaffirms that respect for the principles of international law and multilateralism remains unconditional;
Amendment 385 #
2022/2205(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Acknowledges and commends the democratic and pro-European aspirations of the majority of Turkish society (particularly among Turkish youth), whom the EU will not forsake; expresses its utmost commitment to sustaining and increasing the support for Türkiye’s independent civil society in whatever circumstances and under whatever framework for relations that the future may bring;
Amendment 63 #
2022/2145(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Strategic Compass sets out EU-level action in many of these areas; whereas the European Defence Fund and the European Peace Facility are EU instruments which have already been deployed and that are designed to improve military capabilities and foster operational cooperation and burden-swill lead to increased human rights abuses, violence and arms proliferation and not to peace and political solutions; stresses that the facility's approach fails to address the root causes of conflicts but will harm civilians and fuel violations of international humanitarian law; whereas the European Defence Fund as well as the short term financial instrument for common defence procurement (EDIPAR) violate Article 41.2 of the EU Treaty which prohibits the funding of actions harving abroadmilitary or defence implications from the Union budget;
Amendment 132 #
2022/2145(INI)
Motion for a resolution
Recital P
Recital P
P. whereas, in line with Article 41.2 of the TEU, the administrative and operating expenditure for the RDC should be charged to the Union budget except for expenditure that is covered by the European Peace Facility, notwithstanding the possibility for participating Member States to make free-of-charge contributions to the RDCarising from actions having military or defence implications must not be charged to the Union budget;
Amendment 150 #
2022/2145(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomeRejects the VP/HR’s proposal, enshrined in the Strategic Compass, to establish an RDC; stresses the importance of the EU having the necessary capabiat this policy concept is based on a purely geopolitiescal and structures to take action rapidlya neo-colonial approach to guard sphere of political and decisively donomic interest, abusing the neighbouring countrises in order to serve and protect the Union’s citizens, interests and values across the worldand regions as EU door keeper for EU's security interests only, and as supplier for raw materials; denounces and deeply deplores the unprecedented speed with which the EU is being militarised; stresses the need for a change of EU's policy towards equal partnerships and non- interventionist approach;
Amendment 237 #
2022/2145(INI)
Motion for a resolution
Paragraph 2 – point g
Paragraph 2 – point g
(g) Similarly, its operating expenditure shouldmust not be funded from the Union budget with the exception of expenditure that is charged to the European Peace Facilityin line with Article 41.2 TEU;
Amendment 297 #
2022/2145(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Calls foron the EU RDC to have the possibility of being deployed andand Member States to massively increase civil protection capacities acting in emergencies, natural disasters such as floods or wildfires, or other significant civil-protection crises inside EU territory, at the proposal of the VP/HR and following the percluding pandemics inside EU territory, demands in this regards to not rely on volunteerism or voluntary work but to establish a permanent contingent authorisation procedureof professional civil protection and disaster relief workers;
Amendment 323 #
2022/2145(INI)
Motion for a resolution
Paragraph 7 – point b
Paragraph 7 – point b
(b) warns that acting by qualified majority after deliberation in the Council would once again increase the influence and power of big member states, such as Germany and France, considerably at the expense of smaller Member States;
Amendment 4 #
2022/2079(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Underlines that the EU’s defence sector is fragmented, which creates strategic vulnerabilities for the Union, Member States and industry; is concerned about the lack of coordination and calls for more strategic cohesion in security and defence policies at Union level; welcomes, in this context, the Commission’s launch of the European Defence Industry Reinforcement through common Procurement Act (EDIRPA) and encourages the Commission and Member States to take this initiative a step further and strive towards a de facto military union supported by a strongly articulated common market for defence equipment, followed by a review of the Treaties for because the EU contains a wide array of separate strategic cultures and competing defence industries and procurement systems specifically adapted to each of them; underlines that some EU Member States define themselves as neutral in some form and that as such the notion of more EU competences on critical technologies for defence, innovation in defence, and security and defence affairs is problematic and would be a highly undemocratic development within the EU;
Amendment 11 #
2022/2079(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Deplores the advance of a militarist agenda in the European Union and the sharp rise in allocation of European public money to militarist projects above social projects in the 2021– 27 Multi-annual Financial Framework wherin funding for law enforcement, border control, military research and development and operations now stands at €43.9bn, 31 times higher than the €1.4bn funding allocation for rights, values and justice; recalls that according to Article 41.2 of the TEU, the operating expenditure arising from actions having military or defence implications must not be charged to the Union budget;
Amendment 21 #
2022/2079(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the relevant EU bodies to consolidate EU cooperative frameworks for developing cutting-edge military capabilities in the transport, health, agriculture, environment and climate action sectors and for EU-level legislation to coordinate Member States’ strategies for critical technologies in these fields and to reduce dependencies;
Amendment 33 #
2022/2079(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on the Commission to encourage Member States, in light of the fact that the greatest threat to life on earth is global warming, to review all defence programmes and policy tools, check if they are still fit for purpose, and summarise findings; suggests that the European Defence Agency can provide light touch support and coordination suggestions, including a strategic assessment of tha logical use of funds and summarise findings;
Amendment 38 #
2022/2079(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls for a more pragmatic and business-oriented approach to military researchpproach to research in the areas of health, transport, agriculture, environment and climate action in order to provide incentives for innovation in military technology, including by reducing or removing barriers to entry into the defence market; related to these fields, further calls for increased support for European companies in emerging technologies to ensure they remain competitive in international markets by relaxing the rules on compliance documentation and by providing tax incentives and stimulating investmentrelevant to these areas;
Amendment 51 #
2022/2079(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Underlines the need to stimulate the development of skills for innovation, research and development (R&D), and fundamental research in critical areas related to emerging technologies; calls on the Commission to encourage Member States to establish and fund defence innovation hub in the areas of health, transport, agriculture, environment and climate action, and fundamental research in critical areas related to emerging technologies in these areas;
Amendment 66 #
2022/2079(INI)
Draft opinion
Paragraph 7
Paragraph 7
Amendment 73 #
2022/2079(INI)
Draft opinion
Paragraph 8
Paragraph 8
Amendment 93 #
2022/2079(INI)
Draft opinion
Paragraph 10
Paragraph 10
Amendment 96 #
2022/2079(INI)
Draft opinion
Paragraph 11
Paragraph 11
Amendment 1 #
2022/2078(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
– having regard to The Convention on the Prohibition of Military or any other Hostile Use of Environmental Modification Techniques (ENMOD Convention) adopted by the General Assembly of the United Nations on 10 December 1976,
Amendment 2 #
2022/2078(INI)
Motion for a resolution
Citation 30 a (new)
Citation 30 a (new)
– having regard to the Group of Governmental Experts on the prevention of an arms race in outer space established in 2017 by resolution A/RES/72/250 of the UN General Assembly,
Amendment 7 #
2022/2078(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the EU has programmes and capabilities thato make it a space powern important player for peaceful civilian space governance;
Amendment 14 #
2022/2078(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas there have been numerous calls at the United Nations for a legally binding international agreement to ensure that space does not become militarised and to prevent an arms race in space;
Amendment 17 #
2022/2078(INI)
Motion for a resolution
Recital C
Recital C
Amendment 24 #
2022/2078(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas if we combine the expected growth of the space sector in the coming years and the fact that rocket production and launches generate emissions across layers of the atmosphere, up to and including the ozone layer, it is evident that environmental pollution risks from rocket launch emissions merit consideration; whereas this issue of the potential impacts of space activities on the environment will require further attention at the international level;
Amendment 27 #
2022/2078(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas additional normative international frameworks are needed to prevent any extension of armed conflict into outer space and to prevent the weaponisation of outer space;
Amendment 42 #
2022/2078(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the findings and high level of ambition in the recommendations proposed in the EU space strategy in the area of security and defence, which lives up to the high expectations of European players in the space sector, and calls for the recommended actions to be taken in a swift and effective mannerRejects the EU space strategy in the area of security and defence;
Amendment 49 #
2022/2078(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that the upsurge existing risks and threats in space is good reason to bolsterfrom space debris requires improving the resilience of space infrastructure, systems and services;
Amendment 60 #
2022/2078(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Stresses the need to develop at a UN level an effective framework for the coordination of space situational awareness and to develop norms and principles for space debris removal;
Amendment 107 #
2022/2078(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Calls on the Union to initiate and support the demilitarisation of Outer Space, for example through the further development and enforcement of the so- called Outer Space Treaty and the PAROS (Prevention of an Arms Race in Outer Space) UN resolution; Calls for the purely civilian use and exploration of Outer Space; insists that the Union should lead the way in strengthening the increasingly contested area of international space law;
Amendment 113 #
2022/2078(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls the UN “Frameworks for a peaceful world – promoting peace, international law and digital coopera-tion”, where Member States agreed that outer space must be explored and utilised only for peaceful pur-poses and for the benefit of all States;
Amendment 160 #
2022/2078(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 169 #
2022/2078(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Calls on Member States to engage with the United Nations Committee on the Peaceful Uses of Outer Space to establish an international mechanism to coordinate the implementation of the proposed regime or governance frameworks on the sustainability of outer space, taking into account the five United Nations treaties on outer space and other instruments for international cooperation in the peaceful uses of outer space; notes that this international coordination mechanism, developed in cooperation with relevant bodies of the United Nations system, should incorporate a platform for broader operational stakeholder inclusion;
Amendment 174 #
2022/2078(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Stresses the importance of developing cooperation with strategic partners; supports the continuation of an enhanced dialogue with the United States, while remaining vigilant to the risk that it may seek to steer or dictate outlooks, standards and rules that the Member States have not helped to shape; calls for deeper cooperation and for alliances to be established with like-minded states (the UK, Canada, Japan) or other EU partners (India); calls for deeper cooperation with the wider international community through forums such the Committee on the Peaceful Uses of Outer Space and its subcommittees and working groups;
Amendment 179 #
2022/2078(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 21 #
2022/2046(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 28 #
2022/2046(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Highlights in light of the war on Ukraine the utmost importance of a paradigm shift in EU foreign policy, as the past years and months including delivery of arms and geo political sanctions have not saved one life in Ukraine nor in other conflicts and war but on contrary have worsened the situation within and outside the EU; calls in this regard for a Union as a strong actor promoting urgently peaceful, diplomatic conflict resolution, advancing cooperation on arms control and nuclear disarmament, focusing on the looming famine catastrophe and poverty reduction, fair trade and balanced economic relations; recalls the disastrous results of the interventionist, geopolitical and military approach as seen in Afghanistan and Mali; objects to further EU militarisation and the continued setting up of a Military Union and the on-going support for the defence and armament industry; stresses that the setting-up of the European Defence Fund violates the provisions laid down in Article 41(2) TEU;
Amendment 31 #
2022/2046(INI)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 36 #
Amendment 45 #
2022/0219(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) Pursuant to Article 41(2) of the Treaty on European Union, expenditure arising from operations having military or defence implications shall not be charged to the Union budget;
Amendment 46 #
2022/0219(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) Considering that he EDF precursors programmes (PADR & EDIDP) have been profiting mostly to the big four military powers (France, Italy, Germany and Spain getting 65% of the funding allocated in 2017-2020) and to 15 major arms companies and research centres (getting 51,3% of the funding); warns that many of these arms dealers are involved in controversial arms exports and/or are subject to serious allegations of corruption;
Amendment 289 #
2022/0219(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point b
Article 9 – paragraph 1 – point b
Amendment 17 #
2022/0212(BUD)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 22 #
2022/0212(BUD)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Highlights in light of the war on Ukraine the utmost importance of a paradigm shift in EU foreign policy, as the past years and the months including delivery of arms and geo political sanctions have not saved one life in Ukraine nor in other conflicts and war but on the contrary have worsened the situation within an outside the EU; calls in this regard for a Union as a strong actor promoting urgently peaceful, diplomatic conflict resolution, advancing cooperation on arms control and nuclear disarmament, focusing on the looming famine catastrophe and poverty reduction, fair trade and balanced economic relations; recalls the disastrous results of the interventionist, geopolitical and military approach as seen in Afghanistan and Mali; objects to further EU militarization and the continued setting up of a Military Union and the on-going support of the defence and armament industry; stresses that the setting-up of the European Defence Fund violates the provisions laid down in Article 41(2) TEU;
Amendment 6 #
2021/2250(INI)
Motion for a resolution
Citation 2
Citation 2
— having regard to the Negotiating Framework for Turkey of 3 October 2005, and the Copenhagen criteria to which remains a precondition for the successful outcome of any accession process,
Amendment 7 #
2021/2250(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
— having regard to the declaration issued by the then European Community and its Member States on 21 September 2005, following the declaration made by Turkey upon signature on 29 July 2005 of the Ankara Protocol, including the provision that the recognition of all Member States is a necessary component of the negotiations, and to the need for Turkey to proceed to the normalization of its relations with all Member States and to fully implement the Additional Protocol to the Ankara Agreement towards all Member States, by removing all obstacles to the free movement of goods, including restrictions on means of transport, without prejudice and discrimination,
Amendment 15 #
2021/2250(INI)
Motion for a resolution
Citation 4 a (new)
Citation 4 a (new)
— having regard to the restrictive measures’ framework established by the EU on 11 November 2019, in result of the illegal drilling activities of Turkey in Eastern Mediterranean, which was renewed on 12 November 2020 and 12 November 2021,
Amendment 21 #
2021/2250(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the fact that respect for the rule of law, democracy, separation of powers, and human rights, including fundamental rights such as freedom of expression and media, freedom of association and peaceful assembly, the rights of minorities including property rights of all non- Muslim religious minorities, religious freedom, the rights of women and children, the fight against racism and discrimination against vulnerable groups such as the Roma, disabled persons, LGBTI is at the core of any attempt to restore our relations,
Amendment 26 #
2021/2250(INI)
Motion for a resolution
Citation 7
Citation 7
— having regard to the relevant resolutions by the Committee of Ministers of the Council of Europe, including the interim resolution of 2 December 2021 on the execution of the judgment of the European Court of Human Rights in Kavala against Turkey, the interim resolution of 2 December 2021 on the execution of the judgment of the European Court of Human Rights in Selahattin Demirtaş v Turkey (No. 2), and the interim resolution of 2 February 2022 on the execution of the judgment of the European Court of Human Rights in Kavala against Turkey, and the interim resolution of 16September 2021 on the execution of the judgment of the European Court of Human Rights in Cyprus v. Turkey
Amendment 31 #
2021/2250(INI)
Motion for a resolution
Citation 8
Citation 8
— having regard to the relevant resolutions of the UN Security Council on Cyprus, including resolution 186(1964) which reaffirms the sovereignty of the Republic of Cyprus, 550(1984) of 11 May 1984 on secessionist actions in Cyprus and resolution 789(1992) of 25 November 1992 urging all concerned in the Cyprus question to commit themselves to the confidence-building measures set out in the resolution, whilst reaffirming the consideration of resolution 550 (1984) that any attempts to settle any part of Varosha by people other than its inhabitants are inadmissible and calls for the transfer of that area to the administration of the United Nations;
Amendment 69 #
2021/2250(INI)
Motion for a resolution
Recital B
Recital B
B. whereas, in the aftermath of recent tensions between the EU and Turkey, particularly in relation to the situation in the Eastern Mediterranean have de- escalated but not ceased, the European Council offered to nurture a more positive dynamic in EU-Turkey relations by expressing readiness to engage with Turkey in a phased, proportionate and reversible manner in a number of areas of common interest;
Amendment 70 #
2021/2250(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas Turkey has been repeatedly asked to refrain from all actions which violate the sovereignty and sovereign rights of all EU Member States, as well as from provocations which impair the prospects for a constructive dialogue and pose additional obstacles in its relations with the EU;
Amendment 80 #
2021/2250(INI)
Motion for a resolution
Recital C
Recital C
C. whereas being a candidate country presumes a willingness to progressively approach in all aspectsdopt the values, interests, standards and policies of the EU; whereas an analysis of the EU’s reports in recent years reveal that Turkey’s distance from the EU’s values and its normative framework is still considerable and is even growing in fundamental areas such as the rule of law and human rights;
Amendment 82 #
2021/2250(INI)
Motion for a resolution
Recital D
Recital D
D. whereas over the past year, EU- Turkey relations have on average remained stable, as enhanced cooperation and dialogue on a number of issues have coexisted with regular conflicts; whereas this report reflects this situation by welcoming positive developments and pointing to further potential in the relationship, while signalling remaining problems, in particular as regards the rule of law and fundamental rights; ongoing provocations against the Republic of Cyprus and the rule of law and fundamental rights; whereas if this report is to assess Turkey’s progress or lack of progress in terms of human rights and rule of law, as the core of the accession process, it is important to describe the concrete mechanisms of erosion of freedoms that, taken together, lead to this general backsliding with regard to European standards; whereas this approach means going beyond a long list of citizens and groups who are suffering as a result of these decisions to identifying the operators and bodies of the public authorities responsible of this worrying situation in their particular area of action; whereas generic criticism must be replaced by targeted criticism;
Amendment 112 #
2021/2250(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its concern about the persistent distance between the EU and Turkey, despite it being a candidate country, in terms of values and standards, and the continuing lack of political will to carry out the necessary reforms to address, in particular, the serious concerns about the rule of law and fundamental rights that continue to negatively affect the accession process; considers that inter alia without clear progress also in this field, Parliament cannot envisage any resumption of accession negotiations with Turkey, which have effectively been at a standstill since 2018; notes that it does not find arguments at this stage to modify its conditional position concerning the formal suspension of the accession negotiations with Turkey;
Amendment 126 #
2021/2250(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes, however, that there has been a slight improvement over the past year in overall EU-Turkey relations, which have on average remained stable, as enhanced cooperation and dialogue on a number of issues have coexisted with regular conflicts; expresses its hope that this pattern of ‘conflictual cooperation’ can be overcome and replaced with a more positive dynamic; it underlines that for this to occur Turkey must engage constructively with the EU, subject to the conditionalities established by previous European Council Conclusions and refrain from any provocations and activities threatening the sovereign rights of EU member-states;
Amendment 146 #
2021/2250(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its firm conviction that Turkey isa democratic and peaceful Turkey endorsing a mutual approach of respect towards the EU and all member states can prove a country of strategicignificant relevance in political, economic and foreign policy terms, a partner that iscan be key for the stability of the wider region, and an ally with which the EU wishesll be able to pursue the best possible relations; welcomes, in this view, the recent statements expressed at the highest level by the Turkish authorities about the recommitment of the Turkish Government to the EU path, but urges the Turkish authorities to put their words into action and demonstrate this commitment with specific facts and decisions;
Amendment 158 #
2021/2250(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses concern over the current economic situation in Turkey, which through soaring inflation and a constantly rising cost of living is pushing a high and increasing number of people into hardship and poverty; notes that while the current situation has been developing over a number of years, it has turned into a currency crisis in recent months, which exacerbates existing pandemic-related impacts in the economy; is concerned by the lack of confidence on purportedly independent bodies such as the central bank and the Turkish Statistical Institute (TÜIK); notes in this regard that the operational independence of both institutions is a key criteria for EU accession; further highlights that the poor performance of Turkey with regard to the respect to the rule of law has also a severe impact on the reputational image of the country and that the lack of legal certainty has the potential to seriously affect the ability of the country to attract foreign investments; Notes that in October 2021 the Financial Action Task Force added Turkey to the list of jurisdictions deemed incapable of tackling money laundering terrorist financing, and proliferation financing; expresses its hope that Turkey can rapidly display the necessary progress on improving the implementation of relevant AML/CFT measures;
Amendment 173 #
2021/2250(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Deplores the continued deterioration of the human rights situation in Turkey, including backsliding on fundamental freedoms, democracy and the rule of law; considers that the current repressive form of rule, whose main pillars are abuse of the legal framework particularly in relation with terrorism and freedom of expression and a lack of independence of the judiciary, is a deliberate, relentless and systematic state policy developed to suppress any critical activities either-directly or through a chilling effect; is appalled by the fact that in order to pursue this policy, the Turkish state authorities are ready to blatantly and persistently disregard their international and domestic legal obligations, such as those derived from Turkey’s membership of the Council of Europe;
Amendment 187 #
2021/2250(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Insists that the crucial area of fundamental rights and freedoms, which is at the core of the accession process, cannot be disconnected and isolated from overall relations with the EU and stresses that for Parliament, it remains the maina severe obstacle to further progress on any positive agenda that could be offered to Turkey;
Amendment 198 #
2021/2250(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Reiterates its strong condemnation of Turkey’s withdrawal, by presidential decree, from the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); a decision that is particularly alarming against the background of continuing high number of femicides in the country and that represents a major set back to efforts to promote women’s rights in the country; reiterates its call on Turkey’s Government to reverse this incomprehensible and unacceptable decision;
Amendment 207 #
2021/2250(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Notes the importance of upholding the freedom of assembly and demonstration in Turkey, which is enshrined in its constitution; is deeply worried by the routine use and continued extension of bans on protests and demonstration by provincial governors, and particularly by the ban by Governor Mehmet Emin Bilmez that has been in place for over five years in Van Province; deplores the targeting of journalists at public protests by Turkish police forces including through the April 2021 directive by Turkey’s Security General Directorate (EGM) signed by its head, former governor Mehmet Aktaş, instructing Turkish police forces to prevent press recordings of protests and demonstrations that was subsequently suspended by the Council of State citing a restriction of fundamental rights; regrets the recurrent use of excessive force to suppress peaceful demonstrations amidst an overall general impunity of law enforcement officials; deplores the ongoing trial against the Cumartesi Anneleri (Saturday Mothers) at the Istanbul 21st Criminal Court of First Instance presided by judge Naim Atan in relation to the violent dispersal of their 700th vigil on 25 August 2018; reiterates its call on the authorities to drop charges against the students of Boğaziçi University prosecuted for exercising their right to peaceful assembly, and highlights the relevance of ensuring academic freedom and the autonomy of universities; is concerned in this regard by the recent decision to remove three elected deans in Boğaziçi University, whose current rector, Naci İnci, was appointed by Presidential decree in August 2021
Amendment 217 #
2021/2250(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Reiterates its serious concern about the disproportionate and arbitrary measures curtailing freedom of expression; welcomes the further decrease in the number of journalists in prison in Turkey; notes however that the practice of investigating and prosecuting people for matters such as insulting the President or allegedly disrespecting Islamic values remains on the rise, driven by broadly- worded and vague anti-terrorism claims; is appalled by the gross abuse of Article 299 of Turkish Penal Code on insulting the President which can carry a jail sentence of between one and four years; finds completely disproportionate that since 2014, the first year of President Erdoğan, more than 160,000 investigations were launched, more than35,500 cases were filed and there were more than 12,800 convictions over insulting the president; calls on Turkey’s authorities to apply the rulings by the European Court on Human Rights and to follow the Venice Commission recommendations in order to bring Turkish law on this matter in line with the Convention; is particularly worried by the case of journalist Sedef Kabaş, who after being publicly targeted by senior government officials was arrested during a midnight raid on January 22nd, by the order of Istanbul 10th Criminal Court of Peace judge Furkan Bilgehan Ertem, and is kept in pre-trial detention at the Bakırköy Women's Prison in İstanbul for having allegedly insulted the President on alive broadcast on TELE1 TV on 14 January 2022; finds this case a clear example of the abusive use of Article 299 with an aim of having a chilling effect on any journalist or citizen who could express criticism towards the President or government; expresses concerns about the Presidential circular on "Press and Broadcasting Activities" published on 28January 2022 as it could imply unlawful restrictions to fundamental rights and freedoms;
Amendment 242 #
2021/2250(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Asserts that the continued prosecution, censorship and harassment of journalists and independent media remains an issue of concern; calls the Turkish Radio and Television Supreme Council (RTÜK), chaired by Ebubekir Şahin, to discontinue the excessive imposition of fines and broadcasting bans restricting the legitimate freedom of expression of Turkish journalists and broadcasters; calls the Press Advertising Agency (BIK), headed by Director General Rıdvan Duran, to ensure that bans on public advertising do not serve to supress independent media reporting, as in the case of the daily newspaper Evrensel, whose case represents a negative record in Turkey's press history, as it has not received any official advertising for 900 days and even if the BIK were to grant permission for advertisements immediately now, the daily newspaper will still not receive any advertising for 103 days due to the penalties imposed by the BIK in the meantime; calls on Fahrettin Altun, Director of Communications at the Turkish Presidency, to ensure the timely processing of press card applications and to discontinue the use of criminal complaints and belligerent rhetoric targeting journalists; calls on the Turkish Grand National Assembly to follow-up on the Turkish Constitutional Court’s judgement of January 2022 requesting to reformulate Article 9 of the Internet Law to protect the freedoms of expression and the press; is particularly alarmed by the case of the Turkish Cypriot journalist Ali Kashmir, who was recently prohibited from entering Turkey and faces court charges for having expressed criticism against Ankara;
Amendment 248 #
2021/2250(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
Amendment 252 #
2021/2250(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Takes note of the adoption of the fourth and fifth judicial packages in Turkey during 2021 which contain steps in the right direction although modest and not addressing the main concerns; asserts, however, that the current problems stem not only from problematic legislation, but are often caused by a failure to implement existing adequate provisions; remains concerned about the erosion of the rule of law and judicial independence in Turkey; notes in this regard the appointment of Irfan Fidan to the Turkish Constitutional Court in January 2021 after serving just twenty days on the Court of Cassation and previously acting as Istanbul Chief Public Prosecutor, where Mr Fidan was involved in the controversial cases brought against Osman Kavala, the Gezi Park protestors, and journalists Can Dündar and Erdem Gül, among others; points out the Council of Judges and Prosecutors (HSK), which isled by the Minister of Justice as its president and Mr Mehmet Akif Ekinci as its acting president, as the main element of concern with regard to the lack of judicial independence; reiterates its call for the shortcomings in the structure and process for the selection of the members of this Council to be addressed with a view to ensuring its independence and putting an end to its arbitrary decisions;
Amendment 260 #
2021/2250(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Expresses concern about the high and growing number of applications lodged at the Constitutional Court concerning violations of constitutional rights and the lack of changes implemented when such violations are revealed; notes the recent statements by the President of the Constitutional Court, Zühtü Arslan, recognizing that over 73% of the more than 66.000 applications received in 2021 concerned the right for a fair trial, describing this as a “dire situation''; questions the legality of changes in the procedural rules of the court allowing to defer decisions by a year; notes the adoption of a new human rights action plan by the Turkish authorities in March 2021 as welcome in principle, even though it leaves a number of underlying issues unaddressed; calls on the Turkish government to make the action plan real by inter alia discontinuing the selective interpretation of the Treaty of Lausanne’s provisions on minority rights, including by granting legal personality and education rights to any religious minority whether Muslim, Christian or other; calls on Turkey’s government to step up ongoing efforts related, among others, to the public recognition of the Alevi identity, the legal status of cemevis and their funding, in compliance with relevant ECtHR judgments on compulsory religion and ethics classes and Alevi worship places; urges Turkey’s authorities to increase their efforts to effectively address the dire situation of Roma, in particular with regard to housing and education, as they continue to suffer severe levels of poverty, unemployment, discrimination and exclusion; Calls on the full implementation of ECtHR judgments regarding conscientious objection; notes in this regard the action plan submitted by Turkish authorities to the Committee of Ministers of the Council of Europe and encourages them to develop further measures to ensure, through the necessary legislation, a fair and accessible exercise of the right to conscientious objection to military service;
Amendment 266 #
2021/2250(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Regrets the sustained pressure on civil society and human rights defenders and the continuously shrinking space to operate freely in Turkey; denounces the intimidation, harassment and violence exerted against human rights defenders, lawyers, journalists, academics, doctors who have provided assistance to the victims of torture, and other activists, especially those in the Kurdish community, and the arbitrary closure of civil society organisations, including prominent human rights non- governmental organisations and media; reiterates its call on Turkey’s government to review the Law on Preventing Financing of Proliferation of Weapons of Mass Destruction of December 2020, which grants the Turkish Interior Ministry and the president extensive authority to restrict the activities of non- governmental organisations, business partnerships, independent groups and associations and appears to be aimed at further limiting, restricting and controlling civil society; calls on the EU and its Member States to exert greater pressure on the Turkish Government and to step up their support for human rights defenders and independent civil society in Turkey, including through relevant financial instruments; calls on the Commission to provide, through the Instrument for Pre-Accession Assistance (IPA) III and relevant programmes of the NDICI-Global Europe instrument, sufficient funding for civil society, non- state actors and people-to-people contacts in order to prioritise the pro-democracy efforts; calls on the Commission to explore the funding of local governments concerning projects of mutual interest;
Amendment 280 #
2021/2250(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Continues to urge the Turkish Government to release Osman Kavala after more than four years of detention; reiterates its call on the Turkish authorities to abide by the final judgment of the European Court of Human Rights in this case; believes that he is unlawfully held in prison on unjustified charges, for the purpose of silencing and deterring critical voices in Turkey; reiterates its call on the Turkish authorities to abide by the final judgment of the European Court of Human Rights in this case; deplores the continued efforts to extend Mr Kavala’s imprisonment through a series of complex evasive judicial tactics; points out as one of many irregularities the irrational merging of his case with that of other defendants that saw their acquittals overturned over the course of 2021 which was signed off by the same judge who had requested it, Mahmut Başbuğ from the 30th Heavy Penal Court, through a temporary appointment from one court to the other; condemns the repeated decisions by the Istanbul 30th Heavy Penal Court and the Istanbul 13thHeavy Penal Court, newly responsible after merging of the cases and presided by judge Mesut Özdemir, to prolong the detention of Mr Kavala in violation of his right to freedom and security, most recently on 17 January 2022; takes note of the recurrent decisions by the Committee of Ministers of the Council of Europe urging Mr Kavala’s release, which culminated in the historical launching of infringement proceedings through interim-resolutions in December 2021 and February 2022 over Turkey’s refusal to abide by the ECtHR’s final judgement;
Amendment 290 #
2021/2250(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14 a. Calls upon the Turkish authorities to demonstrate zero tolerance towards all incidents of physical and verbal abuse or threats against journalists, activists, trade unionists, members of political opposition and members of all minorities;
Amendment 295 #
2021/2250(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses deep concern about the deterioration in the human rights situation for LGBTI people, in particular with regard to physical attacks – especially against transgender persons – the protracted bans on Pride marches across the country, restrictions on the freedoms of assembly, association and expression, and censorship in the media; deplores the increasingly homophobic stance of Turkey’s government and the use of hate speech against LGBTI people by high-level officials, that aims at stigmatizing and criminalizing the LGBTI community and can serve as breeding ground for hate crimes; follows with grave concern the ongoing trial against the Ankara Bar Association’s executive board and president, in which the Ankara Chief Public Prosecutor’s Office, led by Chief Public Prosecutor Ahmet Akça, seeks up to two years of prison for allegedly “insulting a public officer” when criticizing the head of the Directorate of Religious Affairs (Diyanet), Ali Erbaş, for the openly homophobic statements he made in 14 April 2020 stating that "Islam curses homosexuality (...) because it brings about disease and rots generations"; urges Turkey’s authorities to put in place the necessary legal measures to end any discrimination based on sexual orientation and gender identity in line with article 21 of the EU Charter of fundamental rights;
Amendment 314 #
2021/2250(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with great concern that the HDP and its party organisations have been specifically and continuously targeted by the Turkish authorities, leading to a situation where over 4 000 HDP members are currently in prison; continues to strongly condemn the continued detention since November 2016 of Selahattin Demirtaş and Figen Yüksekdağ, the former co-chairs of the HDP; is appalled by the Turkish authorities’ continuous disregard for and failure to apply the rulings of the ECtHR that oblige Turkey to immediately release Mr Demirtaş; condemns the indictment in pursuit of the HDP party’s closure and the political banning for nearly 500 HDP politicians, including most of its current leadership, that was filed by the Chief Public Prosecutor of Turkey’s Court of Cassation, Bekir Şahin, and accepted by unanimity by Turkey’s Constitutional Court in June 2021; notes with grave concern that the HDP dissolution case is the culmination of a crackdown on the party that has been going on for several years, and reiterates that banning the party would be a serious political mistake as an irreversible blow to pluralism and democratic principles; further highlights the role of the Ankara 22nd Heavy Penal Court in the so-called ‘Kobane case’ against 108 HDP politicians, and points to the special role of prosecutor Ahmet Altun, and in particular demands clarity over the alleged political interference documented among the file; further questions how the court managed to examine and accept a 3530-page document in a week, without hearing defendants; Is concerned by the ongoing case against CHP Vicechair Gökçe Gökçen, in the framework of an investigation against the whole Executive Board of the party for the publication and distribution of a booklet; is shocked by the fact that, among the three lawsuits filed against her, the Ankara Chief Public Prosecutor’s Office, led by Chief Public Prosecutor Ahmet Akça, charged her with the crime of physically assaulting the president, which comes with a minimum five year prison sentence, related to this brochure’s publication; notes that, while this lawsuit has been dismissed by the Ankara18th High Criminal Court, the other two lawsuits for slander, incitement towards hatred and defamation against the President still continue; remains seriously concerned about the continuous political and judicial harassment of Canan Kaftancıoğlu, Istanbul provincial chair of the CHP, through a growing number of lawsuits against her;
Amendment 325 #
2021/2250(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Condemns the recurrent use of revocation of the parliamentary status of opposition MPs, which seriously damages the Turkish Parliament’s image as a democratic institution; recalls in this regard the recent judgement by the ECtHR of 1 February 2022 that ruled that the lifting in 2016 of the immunities of 40 MPs of the HDP infringed their right of freedom of expression and freedom of assembly; follows with concern the ongoing summaries of proceedings seeking to lift the legislative immunity of HDP Diyarbakır MP Semra Güzel for alleged "membership of a terrorist organization" related to pictures taken 5 years ago; Reiterates its condemnation of the decision made by the Turkish authorities to remove democratically elected mayors from office on the basis of questionable evidence and replace them with unelected trustees, which undermines local democracy; notes the political, legislative and administrative measures taken by the Turkish Government to paralyse municipalities run by the mayors of opposition parties in Istanbul, Ankara and Izmir;
Amendment 331 #
2021/2250(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 345 #
2021/2250(INI)
20. Calls on Turkey to abide by a zero- tolerance policy on torture and to duly investigate persistent and credible reports of torture, ill-treatment and inhumane or degrading treatment in custody, in order to put an end to impunity and hold those responsible to account; welcomes the recent amendment in the regulation on prisons to replace “strip search” by “detailed search” and calls on the General Directorate of Prisons and Detention Houses, headed by Yunus Alkaç, to ensure its full implementation “in respect for human dignity and honour”, as stated in the amended regulation, as there are still credible allegations on the continuation of this practice, including on minors visiting prisons; is deeply worried by the situation in Turkey’s prisons, particularly with regard to ill prisoners; deplores the continuation of the incarceration of former MP Aysel Tuğluk, despite her dire health condition, which has been determined by medical reports that are subsequently dismissed by the state-run Forensic Medicine Institution (ATE), currently headed by Erdinç Öztürk; is concerned by the situation of HDP MP Ömer Faruk Gergerlioğlu who is being currently investigated by the Kandıra Chief Public Prosecutor’s Office on charges of “insulting the state and its organs”, “influencing the expert” and “praising the crime and the criminal” for calling for the release of Aysel Tuğluk; is appalled by the deafening silence of the Ombudsman in the face of the grave situation of fundamental rights in the country described above; calls on Şeref Malkoç, Chief Ombudsman of Turkey, to ensure that his institution becomes a useful tool for Turkey’s citizens and active in strengthening the culture of seeking legal remedies as the institution has set out in its aims; regrets that nor the Ombudsman nor the Human Rights and Equality Institution of Turkey (HREI), as the two main human rights institutions in the country, are operationally, structurally or financially independent; urges Turkey’s authorities to take the appropriate measures in order for these institutions to comply, as relevant, with the Paris Principles and the Commission’s Recommendation on Standards for Equality Bodies; deplores that certain members of the HREI, which is chaired by Muharrem Kiliç, demonstrated a negative attitude towards basic human rights, including gender equality, women's rights, LGBTIQ rights, and expressed support forTurkey’s withdrawal from the Istanbul Convention; invites the Human RightsInquiry Committee, chaired by MP Hakan Çavuşoğlu, at Grand National Assembly ofTurkey, to fully exert its extensive powers to investigate and seek accountability concerning violations of human rights in the country and to propose legislative amendments to ensure the alignment of the national legislation with the international conventions on human rights to which Turkey is party;
Amendment 355 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20 a. Calls on the Turkish authorities to promote positive and effective reforms in the area of freedom of thought, conscience and religion, by enabling religious communities to obtain legal personality;
Amendment 357 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20 b. Calls on the Turkish authorities to fully respect the historical and cultural character of cultural and religious monuments and symbols, especially those that have been classified as UNESCO world heritage sites;
Amendment 360 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 c (new)
Paragraph 20 c (new)
20 c. Notes with great concern that child labour is still widespread in Turkey, that child abuse has increased in Koran schools and in juvenile prisons;
Amendment 361 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 d (new)
Paragraph 20 d (new)
20 d. Recalls that trade union freedom and social dialogue are crucial to the development of a pluralist society and its prosperity; regrets in this context the legislative shortcomings which remain in place in labour and trade union rights and stresses that the right to organise, the right to collective bargaining and the right to strike constitute fundamental rights of workers; is further concerned about the persistence of strong anti-trade union discrimination by employers and the dismissals, harassment and imprisonment to which managers and members of some unions continue to be subjected; calls on the Turkish authorities to align themselves with the ILO core labour standards to which the country has committed itself;
Amendment 363 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 e (new)
Paragraph 20 e (new)
20 e. Stresses that workers are being sacked en masse for organising themselves in trade unions; stresses in this regard the very questionable reasons that are put forward for such dismissals;
Amendment 366 #
2021/2250(INI)
Motion for a resolution
Paragraph 20 f (new)
Paragraph 20 f (new)
20 f. Is concerned that after two years of pandemic there is substantial absence of state support towards people who live in poverty and are the main victims of COVID-19 in Turkey;
Amendment 377 #
2021/2250(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Commends the efforts made byIs concerned about the way in which Turkey to continues to take advantage of the fact that it is hosting the largest refugee population in the world; welcomes, in this regard,by trying in particular to leverage refugees against the EU; reiterates that the continued provision of EU funding for refugees and host communities in Turkey, and expresses its commitment to is incumbent upon the strict adherence of Turkey to relevant international law standards, and takes the view that the deficits of the current refugee deal with Turkey must be immediately addressed in an effort to continue sustain thising EU support in the future; but in an appropriate framework;
Amendment 388 #
2021/2250(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Deplores the fact that Turkey has intensified the instrumentalization of refugees against the Republic of Cyprus and Greece, leaning, inter alia, on the fact that pushbacks by Greek border guards have occurred on several occasions, and calls for an immediate end to this deplorable practice, which harasses refugees and, in the absence of EU solidarity measures, puts additional administrative and financial pressure on the two EU Member States;
Amendment 400 #
2021/2250(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
21 b. Calls on the EU not to remain complacent and rely on the 2016 EU- Turkey statement, which should be terminated, and to pursue a change in its immigration policy based on real solidarity, respect of the core principles of asylum and migration international law vis-à-vis everyone refraining from double standards, particularly now that the anti- immigration front in Europe is dangerously gaining ground;
Amendment 416 #
2021/2250(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Acknowledges that Turkey can pursue its own foreign policy in line with its interests and goals, but expects this policy to be defended through diplomacy and dialogue based on international law and, as a candidate country, to be increasingly aligned with that of the EU; demands from Turkey to terminate all violations of international law as the EU demands from all other states and, as a candidate country, to contribute positively to regional peace and stability instead of illegally intervening in regional crises to pursue hegemonic goals;
Amendment 434 #
2021/2250(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22 a. Calls on all EU Member States, in view of Turkey’s militarized foreign policy, to stop all arms exports to Turkey;
Amendment 442 #
2021/2250(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Welcomes the decrease in tensions in the Eastern Mediterranean during the past year, but remains fully aware that these positive dynamics could be reversed at any moment while the underlying issues remain unresolvedproblems remain unresolved; condemns in this regard the ongoing harassment by Turkish warships of research vessels within the EEZ of EU member-states, Turkey’s violations of Greek national airspace, including overflights of inhabited areas and territorial, as such actions violate both the sovereignty and sovereign rights of EU Member States contrary to international law;
Amendment 452 #
2021/2250(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23 a. Calls on Turkey to refrain from all kinds of related provocations and threats against the sovereignty and sovereign rights of all EU member-states as protected under the international Law of the Sea, UNCLOS and the EU acquis, including the lawful right of the Republic of Cyprus to enter into bilateral agreements concerning its exclusive economic zone (EEZ) and explore and exploit natural resources within its lawfully delimitated EEZ;
Amendment 457 #
2021/2250(INI)
Motion for a resolution
Paragraph 23 b (new)
Paragraph 23 b (new)
23 b. Reiterates its call on the Turkish government to sign and ratify the United Nations Convention on the Law of the Sea (UNCLOS), which is part of the European Union acquis;
Amendment 459 #
2021/2250(INI)
Motion for a resolution
Paragraph 23 c (new)
Paragraph 23 c (new)
23 c. Reiterates its call on the Turkish Government to halt its plans for the construction of the Akkuyu nuclear power plant, located in a region prone to severe earthquakes, hence posing a major threat not only to Turkey, but also to the Mediterranean region; requests, accordingly, that the Turkish Government join the Espoo Convention, which commits its parties to notifying and consulting each other on major projects under consideration that are likely to have a significant adverse environmental impact across boundaries; asks, to this end, the Turkish Government to involve, or at least consult, the governments of its neighbouring countries in relation to any further developments in the Akkuyu venture;
Amendment 464 #
2021/2250(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Deplores the fact that the unresolved conflict in Cyprus is a major obstacle toCyprus problem remains unresolved and reiterates that its solution within the agreed framework, in line with the relevant UNSC resolutions and international law, is necessary for complete EU-Turkey relations; reaffirms its view that the only sustainable solution to the Cyprus issue is that of a fair, comprehensive and viable settlement on the basis of a bi-communal, bi-zonal federation with political equality, as this is defined in the relevant UNSC resolutions, providing for one state with a single sovereignty, a single international legal personality and political equalitya single citizenship, in accordance with international law, the EU acquis and on the basis of respect for the principles on which the Union is founded; deeply regrets that Turkey has abandoned thise agreed basis of the solution and the UN framework;
Amendment 479 #
2021/2250(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Strongly urges the Government of Turkey to abandon its unacceptable position for a two states solution and commit concretely to the UN Secretary General’s call for resumption of meaningful and substantial negotiations; urges to relaunch negotiations on the reunification of Cyprus under the auspices of the UN-Secretary General as soon as possible and from where they left off at Crans Montana in 2017;
Amendment 490 #
2021/2250(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24 b. Condemns Turkey for continuing to ignore the unambiguous calls of the international community, including the EU, to reverse its previous illegal activities at Varosha and avoid any additional unilateral actions that could raise further tensions on the island; regrets that the partial “opening”of Varosha by Turkey negatively alters the situation on the ground, undermined mutual trust and therefore the prospect of the resumption of direct talks on the comprehensive solution of the Cyprus problem; urges again Turkey to reverse this action and underlines that this unilateral action violates past agreements and convergences and all the relevant UNSC resolutions, particularly Resolutions 550(1984) and 789(1992) which call upon Turkey to transfer the area of Varosha to its lawful inhabitants under the temporary administration of the UN; warns against any change of the status quo at Varosha in violation of the aforementioned UNSC resolutions;
Amendment 499 #
2021/2250(INI)
Motion for a resolution
Paragraph 24 c (new)
Paragraph 24 c (new)
24 c. Calls on Turkey to refrain from any unilateral actions which entrench on the ground the permanent division of the island as opposed to its reunification and jeopardise the prospects of substantial negotiations; calls on Turkey to begin withdrawing its troops from Cyprus and to refrain from any actions altering the demographic balance on the island through a policy of illegal settlements; taking note of the significant work of the Committee of Missing Persons (CMP) calls for improved access to military zones by the Turkish army, access to its military archives and information as to the relocation of remains from former to latter burial sites;
Amendment 507 #
2021/2250(INI)
Motion for a resolution
Paragraph 24 d (new)
Paragraph 24 d (new)
24 d. Stresses the need for the EU acquis to be implemented across the entire island following the comprehensive solution of the Cyprus problem; in the meantime the Republic of Cyprus is responsible for stepping up its efforts to facilitate the engagement of Turkish Cypriots with the EU;
Amendment 509 #
2021/2250(INI)
24 e. Expresses deep concern for the open intervention of Turkey into the affairs of the Turkish-Cypriot community; Condemns the Turkish Republic for not allowing the entrance of Turkish-Cypriot peace activists in Turkey by calling them a "threat for national security".
Amendment 518 #
2021/2250(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Insists that democracy, the rule of law and fundamental rights should remain at the heart of EU-Turkey relations under any framework; reaffirms its support for keeping the accession process and its value-based approach as the main framework for EU- Turkey relations, as it is still the most powerful tool to exercise normative pressure and sustain the democratic and pro-European aspirations of Turkish society; nevertheless remains open to the possibility of both sides reviewing, in a realistic manner, the appropriateness of this framework and its ability to function, or, if necessary, exploring other possible models for future relations;
Amendment 542 #
2021/2250(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Notes that the current state of ‘conflictual cooperation’ in EU-Turkey relations is prone to producing unsatisfactory results; calls for a rebalancing of the relationship by building on the solid grounds for cooperation driven by mutual interests, and also by building confidence to address the lack of trust; believes that an orderly dispute settlement mechanism may be beneficial in such an overall framework and calls on the Commission to explore the creation of such a mechanism;
Amendment 554 #
2021/2250(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Notes that the varying priorities of the EU institutions set out in the existing frameworks governing EU-Turkey relations make it very difficult to find an effective way to move forward; deplores the lack of a long-term strategy, a coherent policy and consistent leadership towards Turkey in the EU and among all its institutions;
Amendment 38 #
2021/2232(INI)
Motion for a resolution
Recital C
Recital C
C. whereas in recent years the dynamics in the region have given rise to intense geopolitical competition, mirrored in an increase in military spending and a more aggressive rhetoric, thereby calling into question the rules-based international order; whereas a new centre of global competition has therefore evolved in the Indo-Pacific region; whereas there is no overarching regional security order to mitigate the associated challenges; whereas such dynamics forum of the UN and adherence to the UN Charter can help mitigate the associated challenges; whereas unilateral measures and alliances that do not include every single actor in the region at the table represent serious threats to stability and security in the region and beyond, impacting directly the EU’s strategic interests as a key political and economic partner of the countries in the region; whereas the EU is committed to security, peace and international law;
Amendment 106 #
2021/2232(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the EU to make use of its reputation as a credible and reliable actor amid the growing geopolitical competition between global and regional powers in the Indo-Pacific; recalls that the added value of EU engagement in the Indo-Pacific lies in its comprehensive range of civilian and military assistance measures, including well developed non-military contributions; recalls that the EU has a vast network of diplomatic assets to facilitate dialogue on conflict-resolution, legal solutions and expertise in setting up confidence-building measures;
Amendment 112 #
2021/2232(INI)
Motion for a resolution
Subheading 2
Subheading 2
Strategic sovereignty based on multilateralism and the rules-based international ordUN Charter
Amendment 144 #
2021/2232(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Takes note ofIs deeply concerned at the recent conclusion of the AUKUS trilateral security pact; and its effect on the stability of the region, is of the firm opinion that strong EU-Australia relations are important for the stability of the region and that these should be further advanced and not affected by the conclusion of AUKUS; calls on the Vice- President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy (VP/HR) to examine with the relevant partners possibilities to set up a permanent dialogue with AUKUS and representation at the meetings of the members of QUAD in order to align ourdampen potential aggressive strategies oin the Indo- Pacific and strengthen synergiesensure peace and stability;
Amendment 180 #
2021/2232(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 208 #
2021/2232(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 228 #
2021/2232(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 240 #
2021/2232(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Highlights that maritime security and freedom of navigation, whichespecially in view of plans to deploy capabilities from EU member states, must be ensured in accordance with international law and, in particular, the UNCLOS, are among the key challenges in the Indo- Pacific; calls for the EU to enhance maritime cooperation with countries in the Indo-Pacific by establishing systematic and coordinated frameworks, including joint exercises and port calls that would advance naval diplomacy and contribute to regional maritime security; is deeply concerned that the United States have not ratified the UNCLOS; calls for the EU to make a concerted effort to press all its allies to ratify the UNCLOS;
Amendment 244 #
2021/2232(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the EU and its Members States to step-upreduce their own maritime capacities in the region in a coordinated way, including by exploring ways to ensure a permanent European naval presence in the Indian Ocean; stresses the need to increase the EU’s capacity as an effective maritime security provider; highlights the fact that France is the only Member State with a permanent military presence , and to declare that they are not intending to establish a permanent European naval presence in the Indian Ocean; is deeply concerned about the growing number of exercises in the region, especially Freedom of Navigation Operations, that are increasing the Indian Ocean; welcomes the fact that the Netherlands and Germany have sent frigates to the regdanger of a military escalation; underlines that more such naval missions will be needed in the future; welcomes the joint naval exercises that EUNAFOR Atalanta has thus far undertaken with partner countries, and calls for the EU to consider expanding its geographical scope deeper into the Indian Ocean; invites the EU to establish a maritime area of interest in the Indo-Pacific with a view to extending its Coordinated Maritime Presences concept, building on the Member States’ individual assetdo not contribute to the security in the region, and calls for the EU to consider the indo-pacific as a region where it will exclusively be active within diplomatic and development policies;
Amendment 277 #
2021/2232(INI)
Motion for a resolution
Paragraph 29 – subparagraph 1 (new)
Paragraph 29 – subparagraph 1 (new)
Notes that Chinese territorial claims are rejected and justified by protection of the so-called 'rules-based order'; recalls in this regard that the UK, with US support and EU endorsement, is also clearly violating the so-called 'rules-based order' and international law in the same region with the 'Diego Garcia' military base;
Amendment 296 #
2021/2232(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Highlights that the risk of proliferation of nuclear weapons and the rapid build-up and deployment of new technologically advanced nuclear capabilities in the Indo-Pacific region remain major regional and global security concerns; is deeply concerned about the United States’ Pacific Deterrence Initiative and its plan to establish a network of precision-strike missiles along the first island chain; stresses that such a move would have been prohibited under the INF-Treaty that has been terminated by the United States in 2019;
Amendment 103 #
2021/2183(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. EmphasCriticises the importance of supporting it with a 360-degree threat analysis; stresses that the Strategic Compass must be the EU’s ambitious response to this analysis, which must be subject to regular reviewat neither parliamentarians in national parliaments nor MEPs have access to the basis of the Strategic Compass, the 360-degree threat analysis; therefore democratic control and participation of parliaments is neither possible nor desired;
Amendment 163 #
2021/2183(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deplores the actions of the coup leaders in Mali; is deeply concerned at the lack of essential state services in Mali and in the Sahel in general; expresses its deep concern at the deteriorating security in the region; notes the announcement of the reorganisation of French military action in the Sahel, in conjunction with our international and African partners; welcomes the increasing involvement of Europecriticises the interventionist and geopolitical approach of the EU foreign policy, as the results of this approach can be seen for example in Afghanistan and in Mali; condemns the most serious human rights violations that have been committed by EU-trained Malian troops ansd in the Takuba Task Force; welcomes the adaptation of the new extended mandate of the European Union Training Mission in Mali (EUTM Mali) to the regionalisation process; calls on the Member States to make a significant contribution to EUTM Mali’s advisory activitiesG5 - Sahel joint force; calls for the complete reconsideration and even abolishment of EU- military training and advisory missions also in view of the disastrous results and effects in the past;
Amendment 237 #
2021/2183(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 278 #
2021/2183(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. WBelcomieves the cooperation capacity of European armies in helping citizens in the fight against the pandemic in 2020; calls on the EU and the Member States to set out detailed arrangements for the implementation of Article 44 TEU so as to enable the Union to respond rapidly and effectively to crises; welcomes the positive pooling and coordinating role played by air forces during the COVID-19 pandemic, in particular as regards transfers for medical treatment and deliveries of equipment between Member Stateat the fight against COVID-19 has demonstrated the glaring lack of health workers and civilian disaster response capacities; calls on the EU and the Member States to massively increase civil protection capacities, not only for pandemics but also for climate change-related disasters; demands in this regards to not rely on volunteerism or voluntary work but to establish a permanent contingent of professional civil protection and disaster relief workers;
Amendment 293 #
2021/2183(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 314 #
2021/2183(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. WelcomCriticises the establishment of the European Peace Facility (EPF) in 2020 and calls for it to be made operational swiftly; stresses that the requisite equipment and training must be delivered in the relevant theatres of operation; undertakes to ensure coherence and complementarity between CSDP missions and operations, the Union’s financial instruments (NDICI) and the EPFs immediate termination; recalls that the EPF finances EU military operations as well as arms supplies, which leads to further fuelling conflicts and arms exports than preventing them; urges, instead of further pursuing military approaches to address root causes of conflicts through diplomatic and peaceful conflict resolution;
Amendment 343 #
2021/2183(INI)
Motion for a resolution
Paragraph 23 a (new)
Paragraph 23 a (new)
23a. Notes that the Indo-Pacific is currently developing into the world's most important economic area; therefore calls all the more for diplomatic initiatives to be adopted instead of developing military approaches, as with the EU Indo-Pacific Strategy; stresses that military action will only further escalate the dangerous arms spiral with China; notes that Chinese territorial claims are rejected and justified by protection of the so-called 'rules-based order'; recalls in this regard that the UK, with US support and EU endorsement, is also clearly violating the so-called 'rules- based order' and international law in the same region with the 'Diego Garcia' military base;
Amendment 400 #
2021/2183(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls on the Union to develop a space defence strategy, which is essential for its strategic autonomy in space; encourages the Union to improve its situational awareness and geo- intelligence support; stresses the importance of the Union having its own launchersinitiate and support the demilitarisation of Outer Space, for example through the further development and enforcement of the so- called Outer Space Treaty and the PAROS (Prevention of an Arms Race in Outer Space) UN resolution; Calls for the purely civilian use and exploration of Outer Space; insists that the Union should lead the way in strengthening the increasingly contested area of international space law;
Amendment 434 #
2021/2183(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
Amendment 481 #
2021/2183(INI)
Motion for a resolution
Paragraph 37
Paragraph 37
37. Stresses that the EDF must, which shall promote the build-up of European industrial sectors and European champions for military equipment and arms, with multiannual programming, and take advantage of civilian-defence synergiess such violates Article 41.2 TEU and therefore needs to be classified as illegal; opposes further militarisation of the EU and the further establishment of a military union as well as the continued support of the defence and arms industry;
Amendment 540 #
2021/2183(INI)
Motion for a resolution
Paragraph 40
Paragraph 40
40. Calls for support to be given to strengthening and preserving the conventional arms control architecture in Europe, in a context of gradual erosion marked by Russia’sUS' withdrawal in 2020 and Russia’s in 2021 from the Treaty on Open Skies; calls for disarmament regimes and forums to be supported and strengthened in every aspect: universalisation, support for implementation, political and institutional support, and financial support; calls on the Union to pay particular attention to chemical, biological, radiological and nuclear (CBRN) risk, with particular emphasis on the prohibition regime and conventional obligations under the Chemical Weapons Convention (CWC) and the fight against impunity; welcomes the extension of the New START Treaty and laments the end of the Intermediate Nuclear Forces Treaty (INF); Calls on the EU to actively support the Treaty on the Prohibition of Nuclear Weapons (TPNW) and to work for its implementation and further ratification by EU member states;
Amendment 656 #
2021/2183(INI)
Motion for a resolution
Paragraph 48
Paragraph 48
Amendment 27 #
2021/2064(INI)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
— having regard to the Office of the UN High Commissioner for Human Rights’ (OHCHR) reports Unsafe and Undignified: The forced expulsion of migrants from Libya of 25 November 2021, and Lethal Disregard: Search and rescue and the protection of migrants in the central Mediterranean Sea of 26 May 2021,
Amendment 32 #
2021/2064(INI)
Motion for a resolution
Citation 14 a (new)
Citation 14 a (new)
— having regard to the report of Amnesty International on Libya: ‘No one will look for you’: Forcibly returned from sea to abusive detention in Libya 15 July 2021,
Amendment 33 #
2021/2064(INI)
Motion for a resolution
Citation 14 b (new)
Citation 14 b (new)
— having regard to Council Common Position 2008/944/CFSP,
Amendment 34 #
2021/2064(INI)
Motion for a resolution
Citation 15
Citation 15
— having regard to the International Covenant on Civil and Political Rights of 16 December 1966, and the general comments of the Human Rights Committee (CCPR),
Amendment 44 #
2021/2064(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the situation Libya has further deteriorated in the past 11 years, after a foreign intervention which immersed Libya into a cycle of illegitimate power grabs and convoluted electoral or constitutional processes that enabled Libyan political and economic elites to stay in power, supported by some foreign governments, including some European allies; whereas in this context, since the indefinite postponement of the elections at the end of 2021, deepening the political deadlock and division national fragmentation, further emboldening state-affiliated armed groups, and threatening the countryo trigger further violence; whereas this postponement disappointed the more than 2.8 million Libyan citizens who had registered to vote; whereas the active role of third countries not only transferring arms into the country but also being unable to foster an agreement between the Libyan parties indicates a lack of interest in building functional political institutions;
Amendment 57 #
2021/2064(INI)
Motion for a resolution
Recital C
Recital C
C. whereas security and stability in Libya are closely correlated with the prospect of a real democratic transition that has the potential to deliver for all people in Libya; whereas putting accountability and human rights at the centre of in any diplomatic engagement on Libya is essential to restoring the rule of law and ensuring political stability and sustainable peace, without which Libyan citizens will continue to suffer; whereas the UN Fact- Finding Mission on Libya’s (FFM) report of 23 March 2022 concluded that systemic impunity was impeding Libya’s transition to peace, democracy and the rule of law;
Amendment 64 #
2021/2064(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. whereas EU Member States have repeatedly violated the UN arms embargo with arms sales directly to different authorities in Libya; whereas the country has also been flooded with EU arms sold to Egypt and the United Arab Emirates, which are directly involved in the conflict in Libya;
Amendment 103 #
2021/2064(INI)
Motion for a resolution
Recital K
Recital K
K. whereas migrants, refugees and asylum seekers oftencontinue to become victims of traffickers and are subjected to violence, arbitrary arrest, detention, extortion, kidnapping for blackmail and exploitation including by armed groups whom the executive authorities have given law enforcement powers; whereas the UN report on the fact finding mission revealed worst abuses and found "reasonable grounds" to believe that crimes against humanity such as murder, torture, illegal detention, rape-women in the camps are forced to be raped in exchange for food- and other "inhumane acts" are being committed in camps in Libya;
Amendment 108 #
2021/2064(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
K a. whereas the Amnesty International report published already on 15 July 2021 denounced the most serious human rights violations in Libya, stating that the European Union was largely to blame for the conditions in the camps, claiming that the conditions are "not an accident, but the deliberate result of a system supported by the EU", which aims to prevent people from fleeing across the Mediterranean "at all costs, and that the EU is undermining the requirement under international law to bring people in distress to a safe harbour; whereas thousands have died in the attempt to cross the Mediterranean to reach Europe; whereas there has been substantive documentation –including by UN bodies--of violations of the principle of non-refoulement by the Libyan authorities, against the people attempting to escape Libya by sea;
Amendment 139 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) ensure a UN-led and Libyan-owned inclusive national reconciliation process is given the strongest support possible in order to deliver longer-term stability and security and lay the foundations for a peaceful and democratic transition that involves all Libyan stakeholders; ensure to refrain from any geostrategic interference for i.a. access to oil reserves or for the externalisation of EU-boarders;
Amendment 147 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point b
Paragraph 1 – point b
(b) continue to cooperate closely with UNSMIL and actively support the renewal of its mandate; stress that, given the current political impasse, the continuation of UN- backed negotiations on a roadmap for free, fair and credible elections remains vital; evaluate the feasibility of the deployment of an EU electoral observation mission to monitor the electoral process; stresses that elections are not an end in itself; is concerned that the EU support for elections "as soon as possible" is not based on a sustainable solution for Libya and the region but have a government to negotiate further border projects with Libya; calls for the support for an inclusive, democratic process to establish an new constitution of and for the Libyan and the support to facilitate free and fair elections;
Amendment 188 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
Amendment 196 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
Amendment 218 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) mobilise adequate EU funds under the Neighbourhood, Development and International Cooperation Instrument to support Libyan democratisation efforts and projects aimed at strengthening the rule of law and, good governance, civil society and human rights’ defenders and access to justice; ensure that these projects are in line with the priorities of the New Agenda for the Mediterranean and the UN 2030 Agenda, and are compliant with OECD- DAC criteria and are not used for border reinforcement with the purpose of pull- backs, refoulement or containment of migratory flows; guarantee that any such EU funds for Libya are conditioned to the respect of human rights and that the European Parliament has adequate power of scrutiny and accountability on the use of EU funds under the NDICI;
Amendment 271 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) create new safe and legal pathways for migration to the EU, including by opening new humanitarian corridors and increasing Member States’ resettlement pledges through the Emergency Transit Mechanisms; stop financing and support the so called Libyan coast guards which only serve to secure pull backs and seal EU- borders for refugees;
Amendment 278 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point n a (new)
Paragraph 1 – point n a (new)
(n a) respond adequately to the reports of the UN FFM on Libya, which concluded that the abuses and inhumane acts committed against migrants in Libya were part of a systematic and widespread attack in furtherance of a State policy, and may therefore constitute crimes against humanity; to this end, press all Libyan authorities to comply with the their obligations under international human rights and humanitarian law;
Amendment 280 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point n b (new)
Paragraph 1 – point n b (new)
(n b) condition future relations with Libyan authorities on respect for human rights and on the implementation of concrete measures protecting the rights of migrants and refugees, such as releasing all detained migrants and ending their systematic arbitrary detention, investigating attacks against them, ensuring their access to essential services, ensuring humanitarian access for all stakeholders to detention centres, or adopting asylum legislation; and ensure that adequate investigations are carried out into severe shortcomings in UNHCR assistance to asylum seekers and refugees in Libya;
Amendment 283 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) actively support the renewal of the UN Independent Fact-Finding Mission on Libya; ensure that it has sufficient resources to fulfil its mandate; encourage Libyan authorities to ensure the Fact Finding Mission has full access to carry out its investigations and technical support;
Amendment 177 #
2021/0414(COD)
Proposal for a directive
Recital 3
Recital 3
(3) Principle No 5 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 201753, provides that, regardless of the type and duration of the employment relationship, workers have the right to fair and equal treatment regarding working conditions, access to social protection and training; that, in accordance with legislation and collective agreements, the necessary flexibility for employers to adapt swiftly to changes in the economic context is to be ensured; and that innovative forms of work that ensure quality working conditions are to be fostered, that entrepreneurship and self-employment are to be encouraged and that occupational mobility is to be facilitated, and advocates preventing employment relationships that lead to precarious working conditions, including by prohibiting the abuse of atypical contracts. The Porto Social Summit of May 2021 welcomed the Action Plan accompanying the Social Pillar as guidance for its implementation. __________________ 53 Interinstitutional Proclamation on the European Pillar of Social Rights (OJ C 428, 13.12.2017, p. 10). 54 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, ‘The European Pillar of Social Rights Action Plan’, COM(2021) 102 final, 4.3.2021.
Amendment 183 #
2021/0414(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Principle 7 of the European Pillar of Social Rights, proclaimed at Gothenburg on 17 November 2017, provides that workers have the right to be informed in writing at the start of employment about their rights and obligations resulting from the employment relationship, including any probationary period, and that they are entitled to be informed of the reasons for their dismissal prior to it happening and given a reasonable notice period and, lastly, that they have the right to access to effective and impartial dispute resolution and, in case of unjustified dismissal, a right to redress, including adequate compensation.
Amendment 187 #
2021/0414(COD)
Proposal for a directive
Recital 4
Recital 4
(4) Digitalisation is changing the world of work, improving productivity and enhancing flexibility, whether desired or not, while also carrying some risks for employment and working conditions, health and safety in the workplace, the protection of the fundamental right to privacy, tax law, and labour law in general. Algorithm-based technologies, including automated and semi-automated monitoring and decision-making systems, have enabled the emergence and growth of digital labour platforms. However, the architecture or the configuration of the business model of digital labour platforms has adverse effects on workers and often gives rise to poor working conditions, the circumvention of labour law, greater casualisation of labour and worker exploitation.
Amendment 195 #
2021/0414(COD)
Proposal for a directive
Recital 5
Recital 5
(5) Platform work is performed by individuals through theusing a digital infrastructure ofthat enables digital labour platforms thato provide a service to their customers. By means of the algorithms, the digital labour platforms may controlsupervise, organise, control and impose penalties for, to a lesser or greater extent – depending on their business model – the performance of the work, its remuneration and the relationship between their customers and the persons performing the work and sometimes the workers themselves. Platform work can be performed exclusively online through electronic tools (‘online platform work’) or in a hybrid way combining an online communication process with a subsequent activity in the physical world (‘on-location platform work’). Many of the existing digital labour platforms are international business actors deploying their activities and business models in several Member States or across borders without, however, complying with the labour and/or tax law rules in each Member State.
Amendment 206 #
2021/0414(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Platform work can provide opportunities for accessing the labour market more easily, gaining additional income through a secondary activity or enjoying some flexibility in the organisation of working time. At the same time, platform working brings challenges, as it candigital platforms do not comply with EU and national legislation and fraudulently oblige their workers to work with self-employed status, circumventing labour law, seeking to blur the boundaries betweenof the employment relationship and self- employed activity, andenabling employers to shirk their responsibilities of employers andtowards workers. Misclassification of the employment status has serious consequences for the persons affected, as it is likely to restricts access to existing labour and social rights. It also leads tohas ramifications for all workers, since platform working in its current form undermines and, in the long term, unravels all social protections and labour law. It also leads to worker exploitation, unfair competition, social dumping and an uneven playing field with respect to businesses that classify their workers correctly, and it has implications for Member States’ industrial relations systems, their tax base and the coverage and sustainability of their social protection systems. While such challenges are broader than platform work, they are particularly acute and pressing in the platform economy.
Amendment 229 #
2021/0414(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Court cases in several Member States have shown the persistence of misclassification of the employment status in certain types of platform work, in particular in sectors where digital labour platforms exert a certain degree of control or oversight over the remuneration and performance of work. While digital labour platforms frequently classify persons working through them as self-employed or ‘independent contractors’, many courts have found that the platforms exercise de facto direction and control over those persons, often integrating them in their main business activities and unilaterally determining the level of remuneration. Those courts have therefore reclassified purportedly self-employed persons as workers employed by the platforms. However, national case law has resulted in diverse outcomes and digital labour platforms have adapted their business model in various ways, thus increasing the lack of legal certainty over the employment status.
Amendment 235 #
2021/0414(COD)
Proposal for a directive
Recital 8
Recital 8
(8) Automated monitoring and decision-making systems powered by algorithms increasingly replace functions that managers usually perform in businesses, such as allocating tasks, setting pay levels and working hours, giving instructions, evaluating the work performed, providing incentives or imposing sanctions. Digital labour platforms use such algorithmic systems as a standard way of organising and managing platform work through their infrastructure. Persons performing platform work subject to such algorithmic management often lack information on how the algorithms work, which personal data are being used and how their behaviour affects decisions taken by automated systems. Workers’ representatives and labour inspectorates do not have access to this information either. Moreover, persons performing platform work and workers whose organisation of work or working conditions are subject to automated or semi-automated monitoring and decision-making systems often do not know the reasons for decisions taken or supported by automated systems and lack the possibility to discuss those decisions with a contact person or to contest them. Persons performing platform work and their representatives are also deprived of the opportunity to discuss, negotiate and review the algorithmic systems that nonetheless directly impinge on their working conditions, whereas working conditions normally a matter for negotiation between the employers and representative trade unions within the company.
Amendment 252 #
2021/0414(COD)
Proposal for a directive
Recital 10
Recital 10
(10) A body of legal instruments provides for minimum standards in working conditions and labour rights across the Union. This includes in particular Directive (EU) 2019/1152 of the European Parliament and of the Council on transparent and predictable working conditions55, Directive 2003/88/EC of the European Parliament and of the Council on working time56, Directive 2008/104/EC of the European Parliament and of the Council on temporary agency work57 , the Court of Justice of the EU ruling (Judgment of the Court of 21 February 2018 in case C-518/15 – Ville de Nivelles v Rudy Matzak ECLI:EU:C:2018:82; confirmed and elaborated upon in the judgments of 9 March 2021 in case C- 580/19 – RJ v Stadt Offenbach am Main, ECLI:EU:C:2021:183; and 9 March 2021 in case C-344/19 – D.J. v Radiotelevizija Slovenija, ECLI:EU:C:2021:182, which found that ‘waiting time’ significantly curtails opportunities to carry out other activities and must be regarded as working time, and other specific instruments on aspects such as health and safety at work, pregnant workers, work-life balance, fixed-term work, part-time work, posting of workers, information and consultation of workers, among others. While those instruments provide a level of protection to workers, they do not apply to the genuine self- employed. Other legal instruments to be considered are the Collective Redundancies Directive (98/59/EC) and the Transfer of Undertakings Directive (2001/23/EC). __________________ 55 Directive (EU) 2019/1152 of the European Parliament and of the Council of 20 June 2019 on transparent and predictable working conditions in the European Union (OJ L 186, 11.7.2019, p. 105). 56 Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time (OJ L 299, 18.11.2003, p. 9). 57 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work (OJ L 327, 5.12.2008, p. 9).
Amendment 265 #
2021/0414(COD)
Proposal for a directive
Recital 13
Recital 13
(13) While existing or proposed Union legal acts provide for certain general safeguards, challenges in platform work require some further specific measures. In order to adequately frame the development of platform work in a sustainable manner, it is necessary for the Union to set new minimum standards in working conditions to address the challenges arising from platform work and to protect workers’ fundamental rights. Persons performing platform work in the Union should be provided with a number of minimum rights aiming at ensuringare deemed to be employees and should enjoy the rights deriving from this status, as well as fair working conditions with a view to respecting the correct determination of their employment status, at promotensuring transparency, fairness and accountability in algorithmic management, particularly in respect of health and safety, and at improving transparency in platform work, including in cross-border situations. This should be done with a view to improvguaranteeing legal certainty, creating a level playing field between digital labour platforms and offline providers of services and supporting the sustainable growth of digital labour platforms in the Union.
Amendment 271 #
2021/0414(COD)
Proposal for a directive
Recital 15
Recital 15
Amendment 275 #
2021/0414(COD)
Proposal for a directive
Recital 16
Recital 16
(16) This Directive shouldall apply to persons performing platform work in the Union who have, or who based on an assessment of facts may be deemed to have, an employment contract or employment relationship as defined by the law, collective agreements or practice in force in the Member States, with consideration to the case-law of the Court of Justice of the European Union. This should include situations where the employment status of the person performing platform work is not clear, so as to allow correct determination of that statusare subject to automated or semi-automated monitoring and decision- making systems and are therefore salaried workers, unless a successful rebuttal of the legal presumption of a salaried employment relationship proves that they are genuinely self-employed. The provisions on algorithmic management which are related to the processing of personal data should also apply to genuine self-employed and other persons performing platform work in the Union who do not have an employment relationship.
Amendment 282 #
2021/0414(COD)
Proposal for a directive
Recital 17
Recital 17
(17) This Directive should apply to all digital labour platforms, irrespective of their place of establishment and irrespective of the law otherwise applicable, provided that the platform work organised throughvia that digital labour platform is performed in the Union. A targeted set of mandatory rules should be established at Union level to ensure minimum rights on working conditions in platform work.
Amendment 288 #
2021/0414(COD)
Proposal for a directive
Recital 18
Recital 18
(18) Digital labour platforms differ from other online platforms in that they organise work performed by individuals at the request, one-off or repeated, of the recipient of a service provided by the platform. Organising work performed by individuals should imply at a minimum a significant role in matching the demand for the service with the supply of labour by an individual who has a contractual relationship with the digital labour platform and who is available to perform a specific task, and can include other activities such as processing payments. Online platforms which do not organise the work performed by individuals but merely provide the means by which service providers can reach the end-user, for instance by advertising offers or requests for services or aggregating and displaying available service providers in a specific area, without any further involvement, should not be considered a digital labour platform. The definition of digital labour platforms should not include providers of a service whose primary purpose is to exploit or share assets, such as short-term rental of accommodation. It, which should be limited to providers of a service for which the organisation of work performed by the individual, such as transport of persons or goods or cleaning, constitutes a necessary and essential and not merely a minor and purely ancillary componentcovered by another directive to prevent, inter alia, property speculation.
Amendment 295 #
2021/0414(COD)
Proposal for a directive
Recital 18 a (new)
Recital 18 a (new)
(18a) The frequent misclassification of persons performing platform work, together with the lack of a common workplace where platform workers can get to know and communicate with each other and organise themselves, including for the purpose of defending their interests against the employer, make the phenomenon of company trade unions or workers’ representatives that are established or controlled by the employer itself in the interests of the employer rather than those of the workers, particularly serious in platform work. Such company trade unions or workers’ representatives are contrary to Article 2 of International Labour Organization (ILO) Convention No 98 and to Directive 2002/14/EC of the European Parliament and of the Council1a and the Member States should ensure that direct or indirect financial or constituent links with the employer are forbidden. When establishing or implementing practical arrangements for information, consultation, negotiation and social dialogue, employers and the workers’ representatives should work in a spirit of cooperation and with due regard for their reciprocal rights and undertake collective work to improve working conditions and workers' rights. Digital labour platforms shall ensure, together with trade unions, that elections for workers’ representatives comply with fundamental rights and freedoms and are in line with applicable national law and practices. They shall ensure that these elections aim to represent workers and make their voice heard within the labour platform and that these elections are not used as a pretext for actually defending the interests of the platforms, notably by helping them circumvent labour law. These elections should enable workers to freely choose the issues to be discussed in negotiation meetings, their status for instance.
Amendment 303 #
2021/0414(COD)
Proposal for a directive
Recital 19
Recital 19
(19) A worker is either a salaried worker or a self-employed worker. The creation of a third status, allowing the digital platform to benefit from the advantages of the status of employer, without assuming the responsibilities that accompany it, is in no way justified and should not be a possibility that arises from this directive. Indeed, working via a digital platform using an algorithm that organises and distributes work, sets rates or sanctions workers is not an innovation in the field of work but merely reproduces the framework and role of the employer in the digital realm. Thus, digital work platforms must apply labour law and the collective agreements in the applicable sectors in the same way as all the companies concerned. To combat false self-employment in platform work and to facilitate the correct determination of the employment status, Member States should have appropriate procedures in placeintroduce a general legal presumption of a rebuttable employment relationship and a reversal of the burden of proof to prevent and address misclassification of the employment status of persons performing platform work. The aim of those procedures should be to ensure salaried employment status applies and to ascertain the existencnature of anthe employment relationship as defined by national law, collective agreements or practice with consideration to the case-law of the Court of Justice, and, where such in the event the platform or an employee makes a rebuttal. Where a self-employed employment relationship exists, to ensure full compliance with Union law applicable to workers as well as national labour law, collective agreements and social protection rules. Where self- employment or anself-employed workers or workers with intermediate employment status – as defined at national level – is the correct employment status,must be ensured and the rights and obligations pursuant to that status should apply.
Amendment 306 #
2021/0414(COD)
Proposal for a directive
Recital 19 a (new)
Recital 19 a (new)
(19a) The establishment of a general legal presumption of a salaried employment relationship is intended to ensure that workers performing work via a platform are properly classified as employees. With a view to affording the correct status to platform workers and enforcing labour law as soon as possible, Member States must apply the legal presumption as soon as this Directive enters into force as set out in Article 5, so that all workers enjoy from the correct status and the associated rights, at the latest on the first day of the entry into force of the legislative provisions.
Amendment 309 #
2021/0414(COD)
Proposal for a directive
Recital 20
Recital 20
(20) In its case law, the Court of Justice has established criteria for determining the status of a worker62. The interpretation by the Court of Justice of those criteria should be taken into account in the implementation of this Directive. The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. False self- employment occurs when a person is declared to be self- employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations and gives rise to a situation of unfair competition in respect of law-abiding companies. A company using bogus self-employed workers must be punished. __________________ 62 Judgments of the Court of Justice of 3 July 1986, Deborah Lawrie-Blum v Land Baden-Württemberg, C-66/85, ECLI:EU:C:1986:284; 14 October 2010, Union Syndicale Solidaires Isère v Premier ministre and Others, C-428/09, ECLI:EU:C:2010:612; 4 December 2014, FNV Kunsten Informatie en Media v Staat der Nederlanden, C-413/13, ECLI:EU:C:2014:2411; 9 July 2015, Ender Balkaya v Kiesel Abbruch- und Recycling Technik GmbH, C-229/14, ECLI:EU:C:2015:455; 17 November 2016, Betriebsrat der Ruhrlandklinik gGmbH v Ruhrlandklinik gGmbH, C-216/15, ECLI:EU:C:2016:883; 16 July 2020, UX v Governo della Repubblica italiana, C- 658/18, ECLI:EU:C:2020:572; and order of the Court of Justice of 22 April 2020, B v Yodel Delivery Network Ltd, C-692/19, ECLI:EU:C:2020:288.
Amendment 314 #
2021/0414(COD)
Proposal for a directive
Recital 22
Recital 22
(22) Where the existence of an employment relationship is established based on facts, the party acting as employer should be clearly identified and that party should fulfil all the obligations relating to employment law and criminal liability resulting from its role as employer.
Amendment 315 #
2021/0414(COD)
Proposal for a directive
Recital 22 a (new)
Recital 22 a (new)
(22a) Numerous human and labour rights abuses have been observed in the value chains of platforms. These abuses occur, for example, when platforms use bogus self-employed workers, abusive subcontracting schemes, wage portage, allow account leasing or take advantage of situations of undeclared labour, including work carried out by minors or undocumented workers. Given these serious and proven risks, platforms must be recognised as a high-impact sector as defined in the proposal for a directive on corporate sustainability due diligence (COM/2022/71). The imposition of the requirement for European due diligence on certain platforms must ultimately go hand-in-hand with the adoption of sector- specific rules on due diligence for platforms so as to extend the scope and content of due diligence to cover to the specific nature of the sector and to guarantee compliance with labour law, uphold fundamental rights and ensure the health and safety at work of platform workers.
Amendment 320 #
2021/0414(COD)
Proposal for a directive
Recital 23
Recital 23
(23) Ensuring correct determination of the employment status should not prevent the improvement of working conditions of genuine self-employed persons performing platform work. Where a digital labour platform decides – on a purely voluntary basis or in agreement with the persons concerned – to pay for social protection, accident insurance or other forms of insurance, training measures or similar benefits to self-employed persons working through that platform, those benefits as such should not be regarded as determining elements indicating the existence of an employment relationship.
Amendment 332 #
2021/0414(COD)
Proposal for a directive
Recital 24
Recital 24
(24) When digital labour platforms control certain elements of the performance of work, they act like employers in an employment relationship. Direction and control, or legal s since this is a sign that the activity performed by the worker is fully integrated into the platform's business. Subordination, i constitutes an essential element of the definition of an employment relationship in the Member States and in the case-law of the Court of Justice. Therefore contractual relationships in which digital labour platforms exert a certain level of control over certain elements of the performance of work should be deemed, by virtue of a legal presumption, to be anfall under the scope of a salaried employment relationship between the platform and the person performing platform work through it. As a result, that person should be classified as a worker having all the rights andis as a worker who should enjoy all the rights and be subject to all the obligations in accordance with that status, as laid down in national and Union law, and collective agreements and practice. The legal presumption should apply in all relevant administrative and legal proceedings andof salaried employment should benefit the person performing platform work. Authorities in charge of verifying the compliance with or enforcing relevant legislation, such as labour inspectorates, social protection bodies or tax authorities, should also be able to rely on that presumption. Member States should put in place a national framework to reduce litigation and increase legal certaintyproactively apply that presumption.
Amendment 345 #
2021/0414(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Criteria infor the existence of subordicnating that a digital labour platform controls the performance of work should be included in the Directive in order to make the legal presumption operational and facilitate the enforcement of workers’ rights. Those criteria should be inspired by Union and national case law and take into account national concepts of the employment relationship. The criteria should include concreteon, which is a defining aspect of the employment relationship and distinguishes the employment contract from other contracts, should be included in the Directive. Those elements are inspired by Union and national case law as well as by the ILO’s Employment Relationship Recommendation, 2006 (No 198) and take into account national concepts of the employment relationship. These concrete elements indicate that the digital work platform supervises or exercises control over the performance of the work, further elements showing that the digital labourwork platform, for instance, determines in practice and not merely recommends the working conditions or the remuneration, or both, or provides the worker with periodic remuneration; gives instructions on how the work is to be performed or prevents the person performing platform work from developing business contacts with potential clients. In order for it to be effective in practice, two criteria should be always fulfilled to trigger the application of the presumption,. At the same time, the criteria should not cover situations where; supervises the performance of work or verifies the quality of the work, including by electronic means, that leads to the final result; tracks or monitors the persons performing platform work are genuine self-employed. Genuine self- employed persons are themselves responsible vis-à-vis their customers for how they perform their work and the quality of their outputs. The freedom; enforces the performance through penalties, including restricting access to work, or uses customer rating systems as a tool of control and basis for penalties; relies on measures of performance and (mis)conduct as a basis for determining remuneration levels, working conditions and penalties; determines access to jobs through internal rankings; restricts the person’s freedom, including through penalties, to organise work, in particular the discretion to choose working hours or periods of absence, to accept or to refuse tasks, or to use subcontractors or substitutes or to work f; controls and or gany third party is characteristic of genuine self-employment. Therefore, de facto restricting such discretions by a number of conditions or through a system of sanctions, should also be considered as an element of controlling the performance of work. Closely supervising the performance of work or thoroughly verifying the quality of the results of that work, including through electronic means, which does not merely consist in using reviews or ratings by the recipients of the service, should also be considered as an element of controllingises the business activity linked to the platform work performed by individuals or detains the responsibility for related investment and management; provides the worker performing platform work with tools, digital means, materials or machinery that are necessary for the performance of the work. At the same time, digital labour platforms should be able to design their technical interfaces in a way to ensure good consumer experience. Measures or rules which are required by law or which are necessary to safeguard the health and safety of the recipients of the service should not be understood as; provides the worker with any kind of support for social protection, accident insurance, pension scheme or other forms of insurance, training measures or similar benefits. That list is not exhaustive and any other relevant concrete element can indicate that digital labour platform supervises or exert some controlling over the performance of work.
Amendment 351 #
2021/0414(COD)
Proposal for a directive
Recital 26
Recital 26
(26) Effective implementation of the legal presumption through appropriate measures, such as bringing proceedings to rebut the presumption of salaried employment, disseminating information to the public, developing guidance and strengthening controls and field inspections is essential to ensure legal certainty and transparency for all parties involved. These measures should take into account the specific situation of start-ups to support the entrepreneurial potential and the conditions for the sustainable growth of digital labour platforms in the Union.
Amendment 361 #
2021/0414(COD)
Proposal for a directive
Recital 27
Recital 27
Amendment 373 #
2021/0414(COD)
Proposal for a directive
Recital 28
Recital 28
(28) The relationship between a person performing platform work and a digital labour platform may not meet the requirements of an employment relationship in accordance with the definition laid down in the law, collective agreements or practice in force of the respective Member State with consideration to the case-law of the Court of Justice, even though the digital labour platform controls the performance of work on a given aspect. Member States should ensure the possibility to rebut the legal presumption in legal or administrative proceedings or both by proving by means of the facts of the case, on the basis of the aforementioned definition, that the relationship in question is not an employment relationship. The shift in the burden of proof to digital labour platforms is justified by the fact that they have a complete overview of all factual elements determining the relationship, in particular the algorithms through which they manage their operations. Platform workers may also contribute to the process by providing supporting information in their possession. Legal proceedings and administrative proceedings initiated by the digital labour platforms in order to rebut the legal presumption should not have a suspensive effect on the application of the legal presumption. A successful rebuttal of the presumption in administrative proceedings should not preclude the application of the presumption in subsequent judicial proceedings. When the person performing platform work who is the subject of the presumption seeks to rebut the legal presumption, the digital labour platform should be required to assist that person, notably by providing all relevant information held by the platform in respect of that person. Member States should provide the necessary guidance for procedures to rebut the legal presumption.
Amendment 378 #
2021/0414(COD)
Proposal for a directive
Recital 29
Recital 29
(29) While Regulation (EU) 2016/679 establishes the general framework for the protection of natural persons with regard to the processing of personal data, it is necessary to lay down rulesapply the framework to addressing the concerns that are specific in the processing of personal data in the context of platform work. This Directive also provides for more specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679. In this context, terms relating to the protection of personal data in this Directive should be understood in light of the definitions set out in Regulation (EU) 2016/679.
Amendment 380 #
2021/0414(COD)
Proposal for a directive
Recital 30
Recital 30
(30) In addition to rights and obligations provided in this Directive, rights and obligations provided in Regulation (EU) 2016/679 continue to apply when personal data are processed. Articles 13, 14 and 15 of Regulation (EU) 2016/679 require data controllers to ensure transparency towards data subjects on the collection and processing of personal data. Moreover, Article 22(1) of Regulation (EU) 2016/679 provides for the data subjects’ right not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning him or her or similarly significantly affects him or her, subject to the exceptions provided for in paragraph 2 of that article. Those obligations apply also to digital labour platforms. Platform workers' representatives must, where necessary, have access to workers' personal data in accordance with Regulation (EU) 2016/679.
Amendment 384 #
2021/0414(COD)
Proposal for a directive
Recital 32
Recital 32
(32) Digital labour platforms should be subject to transparency obligations in relation to automated monitoring and decision-making systems that are used to monitor, supervise or evaluate the work performance through electronic means, or to monitor workers outside the performance of their work; and automated decision-making systems which are used to take or support decisions that significantly affect working conditions, including access of persons performing platform work to work assignments, their earnings, their occupational safety and health, their working time, their promotion and their contractual status, including the restriction, suspension or termination of their account. In addition to what is provided in Regulation (EU) 2016/679, information concerning such systems should also be provided where decisions are not solely based on automated processing, provided that they are supported by automated systems. It should also be specified which kind of information should be provided to persons performing platform work regarding such automated systems, as well as in which form and when it should be provided. The obligation of the controller under Articles 13, 14 and 15 of Regulation (EU) 2016/679 to provide the data subject with certain information in relation to the processing of personal data concerning the data subject as well as with access to such data should continue to apply in the context of platform work. Information on automated monitoring and decision-making systems should also be provided to representatives of persons performing platform work and to national labour authorities at their request, in order to enable them to exercise their functions.
Amendment 390 #
2021/0414(COD)
Proposal for a directive
Recital 32 a (new)
Recital 32 a (new)
Amendment 392 #
2021/0414(COD)
Proposal for a directive
Recital 32 b (new)
Recital 32 b (new)
(32b) Digital platform work, as defined in Article 2, is the most visible form of a wider and increasingly frequent trend towards the organisation of work in a manner subject to the use of automated or semi-automated algorithms which remain largely invisible to workers and their representatives and over which they often have little control, leading to a growing precarisation of work, as evidenced by the ever-increasing number of atypical workers. This Directive should therefore apply to all workers working via an automated or semi-automated system.
Amendment 396 #
2021/0414(COD)
Proposal for a directive
Recital 33
Recital 33
(33) Digital labour platforms and any other undertaking should not be required to disclose the detailed functioning of their automated or semi-automated monitoring and decision-making systems, includingas well as algorithms, or and other detailed data that contains commercial secrets or is protected by intellectual property rights. However, the result of those considerations should not be a refusal to provide all the information required by this Directiveinfluence the way work is organised and working conditions.
Amendment 400 #
2021/0414(COD)
Proposal for a directive
Recital 34
Recital 34
(34) Articles 5 and 6 of Regulation (EU) 2016/679 require that personal data are processed in a lawful, fair and transparent manner. Digital labour platforms should therefore not be allowed to process any personal data concerning persons performing platform work that are not intrinsically connected to and strictly necessary for the performance of the contract between those persons and the digital labour platform. Article 6(5) of this Directive provides for more specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679. However, for the majority of data processed at work, the legal basis cannot and should not be employee consent, owing to the unbalanced nature of the employer-employee relationship, trade unions should play an important role in data governance to ensure that the rights laid down in Regulation (EU) 2016/679 are fully guaranteed in the employment relationship. Moreover, workers and workers’ representatives should have the right to access all data gathered, as well as to obtain the rectification or erasure of the data, to restrict the processing and to be notified about any rectification or erasure of personal data or restriction of processing carried out in accordance with Article 16, Article 17(1) and Article 18 of Regulation (EU) 2016/679.
Amendment 403 #
2021/0414(COD)
Proposal for a directive
Recital 35
Recital 35
(35) Digital labour platforms and an increasing number of other undertakings make extensive use of automated monitoring and decision-making systems in managing their human resources. Monitoring by electronic means can be intrusive and discriminatory and contrary to labour law, and decisions taken or supported by such systems directly affect the persons performing platform work, who might not have a direct contact with a human manager or supervisor. Digital labour platforms should therefore regularly monitoroversee and evaluate the impact of individual decisions taken or supported by automated monitoring and decision- making systems on working conditions. Digital labour platforms should ensure sufficient human resources for this purpose. The persons charged by the digital labour platform with the function of monitoroverseeing should have the necessary competence, training and authority to exercise that function and should be protected from dismissal, disciplinary measures or other adverse treatment for overriding automated decisions or suggestions for decisions. In addition to obligations under Article 22 of Regulation (EU) 2016/679, Article 7(1) and (3) of this Directive provides for distinct obligations of digital labour platforms in relation to human monitoring of the impact of individual decisions taken or supported by automated systems, which apply as specific rules in the context of platform work, including to ensure the protection of the rights and freedoms in respect of the processing of employees' personal data within the meaning of Article 88 of Regulation (EU) 2016/679.
Amendment 407 #
2021/0414(COD)
Proposal for a directive
Recital 37
Recital 37
(37) In that context, persons performing platform work should have the right to obtain an explanation from the digital labour platform for a decision, the lack of decision or a set of decisions taken or supported by automated systems that significantly affect their working conditions. For that purpose the digital labour platform should provide the possibility for them to discuss and clarify the facts, circumstances and reasons for such decisions with a human contact person at the digital labour platform. In addition, digital labour platforms should provide the person performing platform work with a written statement of reasons for any decision to restrict, suspend or terminate that person’s account, to refuse the remuneration for work performed by that person, or affecting his or her contractual status, as such decisions are likely to have significant negative effects on persons performing platform work, in particular their potential earnings. Where the explanation or reasons obtained are not satisfactory or where persons performing platform work consider they have been discriminated against or have had their rights infringed, they should also have the right to request the digital labour platform to review the decision and to obtain a substantiated reply within a reasonable period of time. Persons may receive support, assistance and advice from workers’ representatives if they wish, and can also assert their rights before a judicial or administrative authority. Where such decisions infringe those persons’ rights, such as labour rights or the right to non- discrimination, the digital labour platform should rectify such decisions without delay or, where that is not possible, provide adequatbe prosecuted and punished just like any other company, and the worker should be compensationed.
Amendment 414 #
2021/0414(COD)
Proposal for a directive
Recital 39
Recital 39
(39) Directive 2002/14/EC of the European Parliament and of the Council64 establishes a general framework for informing and consulting employees in the Union. The introduction of or substantial changes in the use of automated monitoring and decision-making systems by digital labour platforms have direct impacts on the work organisation and individual working conditions of platform workers. Additional measures are necessary to ensure that digital labour platforms inform and consult, consult and take into account the requests and remarks of platform workers or their representatives before such decisions are taken, at the appropriate level and, given the technical complexity of algorithmic management systems, with the assistance of an expert chosen by the platform workers or their representatives in a concerted manner where needed. __________________ 64 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework for informing and consulting employees in the European Community (OJ L 80, 23.3.2002, p. 29).
Amendment 416 #
2021/0414(COD)
Proposal for a directive
Recital 39 a (new)
Recital 39 a (new)
Amendment 419 #
2021/0414(COD)
Proposal for a directive
Recital 40
Recital 40
(40) Persons who do not have an employment relationship constitute a significant part of the persons performing platform work. The impact of automated monitoring and decision-making systems used by digital labour platforms on their working conditions and their earning opportunities is similar to that on platform workers. Therefore, the rights in Articles 6, 7 and 8 of this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management, namely those regarding transparency on automated monitoring and decision-making systems, restrictions to process or collect personal data, human monitoring and review of significant decisions, should also apply to persons in the Union performing platform work who do not have an employment contract or employment relationship. The rights pertaining to health and safety at work and information and consultation of platform workers or their representatives, which are specific to workers in view of Union law, should not apply to them. Regulation (EU) 2019/1150 provides safeguards regarding fairness and transparency for self-employed persons performing platform work, provided that they are considered business users within the meaning of that Regulation. Where such safeguards conflict with elements of specific rights and obligations laid down in this Directive, the specific provisions of Regulation (EU) 2019/1150 should prevail in respect of business users.
Amendment 425 #
2021/0414(COD)
Proposal for a directive
Recital 42
Recital 42
(42) Information on the number of persons performing platform work through digital labour platforms on a regular basis, their contractual or employment status and the general terms and conditions applicable to those contractual relationships is essential to support labour inspectorates, social protection bodies and other relevant authorities in correctly determining the employment status of persons performing platform work and in ensuring compliance with legal obligations as well as representatives of persons performing platform work in the exercise of their representative functions and should therefore be made accessible to them. Those authorities and representatives should also have the right to ask digital labour platforms for additional clarifications and details, such as basic data on working conditions regarding working time and remuneration. Digital work platforms should be listed in the applicable public business register, which should include relevant information on all digital work platforms operating in the country. This information should include, inter alia, the company’s number of workers, status and turnover.
Amendment 441 #
2021/0414(COD)
Proposal for a directive
Recital 45
Recital 45
(45) Platform work is characterised by the lack of a common workplace where workers can get to know each other and communicate with each other and with their representatives, also in view of defending their interests towards the employer. It is therefore necessary to create private and protected digital communication channels, in line with the digital labour platforms’ work organisation, where persons performing platform work can exchange with each other and be contacted by their representatives. Digital labour platforms should create such communication channels within their digital infrastructure or through similarly effective means, while respecting the protection of personal data and refraining from accessing, limiting or monitoring those communications.
Amendment 456 #
2021/0414(COD)
Proposal for a directive
Recital 51
Recital 51
(51) In implementing this Directive Member States should avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of micro, small and medium-sized enterprises. Member States shouldmay assess the impact of their transposition measures on start-ups and on small and medium-sized enterprises in order to ensure that they are not disproportionately affected, giving specific attention to micro-enterprises and to the administrative burden. Member States should also publish the results of such assessments.
Amendment 465 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
1. The purpose of this Directive is to improve the working conditions of persons performing platform work by ensuring correct determination of their employment status with a view to guaranteeing their rights, by promoting transparency, fairness and accountability in algorithmic management in platform work and by improving transparency in platform work, including in cross-border situations, while supporting the conditions for the sustainable growth of digital labour platforms in the Union.
Amendment 473 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 2 – subparagraph 1
Article 1 – paragraph 2 – subparagraph 1
In accordance with Article 10, rights laid down in this Directive pertaining to the protection of natural persons in relation to the processing of personal data in the context of algorithmic management also apply to every person performing platform work in the Union who does not have an employment contract oregardless of their employment relationshipstatus.
Amendment 478 #
2021/0414(COD)
Proposal for a directive
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Directive applies to digital labour platforms organising platform work performed in the Union, irrespective of their place of establishment and irrespective of the law otherwise applicableof the company or the customer. The digital work platform must comply with the applicable legislation in the country in which the service is provided.
Amendment 481 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – introductory part
Article 2 – paragraph 1 – point 1 – introductory part
(1) ‘digital labour platform’ means any natural or legal person providing a commercial service which meets all of the following requirements:s via a workforce which it organises by automated or semi- automated means and algorithms, with a view to the performance of the service it offers. Digital labour platforms exercise, by means of automated or semi-automated systems, the prerogatives of an employer and must therefore assume their responsibilities and comply with the obligations incumbent upon employers under national law.
Amendment 487 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point a
Article 2 – paragraph 1 – point 1 – point a
Amendment 490 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point b
Article 2 – paragraph 1 – point 1 – point b
Amendment 491 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Amendment 498 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
(2) ‘platform work’ means any work organisenabled through a digital labour platform and performed in the Union by an individual on the basis of a contractual relationship between the digital labour platform and the individual, irrespective of whether a contractual relationship exists between the individual and the recipient of the service;
Amendment 512 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5
Article 2 – paragraph 1 – point 5
(5) ‘“workers’ representatives’” means: (a) trade union representatives, namely, representatives designated or elected by trade unions or by members of such unions in accordance with national legislation and practice; (b) elected representatives, namely, representatives who are freely elected by the workers’ of the organisations or representatives provided for by national law or practices, or both; , not under the domination or control of the employer in accordance with provisions of national laws or collective agreements and whose functions do not include activities which are the exclusive prerogative or trade unions; (c) where (under national law and in practice) both trade union representatives and elected representatives are present in the same organisation, the appropriate measures shall be taken to ensure that the existence of elected representatives is not used to undermine the position of trade unions or their representatives and to ensure the exclusive prerogatives of trade unions are preserved, in particular the right to collective bargaining and to conclude a collective agreement and to have (digital) access to the workers; (d) workers’ right to choose to organise in a trade union and to collective bargaining must be upheld;
Amendment 526 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Article 2 – paragraph 1 – point 6 a (new)
(6a) ‘self-employed person working via a platform’ means any person providing services via the digital work platform in a manner that, on the basis of an assessment of the facts, meets all of the following criteria: (a) the person performs the work without supervision and without instruction from another party, both on the basis of the contract governing the work and in view of the facts; (b) the worker performs activities which are not part of the activities normally carried out by the employer’s company; (c) the person performing the work is normally engaged in a trade, profession or self-employed activity of the same nature as the work performed.
Amendment 527 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 b (new)
Article 2 – paragraph 1 – point 6 b (new)
(6b) ‘automated monitoring and decision-making systems’ means any system, software or process that makes use of computations to aid or replace management decisions or rules that impact the organisation of work or the opportunities, access, freedoms, rights and/or safety of workers.
Amendment 528 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 6 c (new)
Article 2 – paragraph 1 – point 6 c (new)
(6c) ‘undocumented third-country worker’ means a third-country national who performs work in the territory of a Member State and who does not fulfil or who no longer fulfils the conditions for legal presence or residence in that Member State.
Amendment 535 #
2021/0414(COD)
Proposal for a directive
Article 2 – paragraph 2
Article 2 – paragraph 2
2. The definition of digital labour platforms laid down in paragraph 1, point (1), shall not include providers of a service whose primary purpose is to exploit or share assets. It shall be limited to providers of a service for which the organisation of work performed by the individual constitutes not merely a minor and purely ancillary component.
Amendment 546 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Member States shall have appropriate procedures in place to verify and ensure the correct determination of the employment status of persons performing platform work, with a view to ascertaining the existence of an independent employment relationship as defined by the law, collective agreements or practice in force in the Member States with consideration to the case-law of the Court of Justice, and ensuring that they enjoy the rights deriving from Union law applicable to workers.
Amendment 550 #
2021/0414(COD)
Proposal for a directive
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The determination of the existence of an employment relationship shall be guided primarily by the facts relating to the actual performance of work, taking into account the use of algorithms in the organisation of platform work, irrespective of how the relationship is classified in any contractual arrangement that may have been agreed between the parties involved and the will of the parties. WThere the existence party assuming the obligations of anthe employment relationship is established based on facts, ter shall be clearly identified in accordance with national legal systems. Member States may not adopt regression clauses liable to exempt digital work platforms from their responsibility as employers. The party assuming the employer’s obligations of the employer shall be clearly identified in accordance with national legal systemsmust therefore comply with its legal obligations under national law in respect of labour requirements (including sectoral obligations established by collective agreements), income tax, social security funding, health and safety responsibilities, due diligence and corporate social responsibility.
Amendment 575 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. The contractual relationship between a digital labour platform that controls, within the meaning of paragraph 2, the performance of work, and a person performing platform work through that platform shall be legally presumed to be an salaried employment relationship. To that effect, Member States shall establish a framework of measures, in accordance with their national legal and judicial systems. classifying workers performing work via a digital platform as employees with stable contracts1a, in accordance with their national legal and judicial systems. __________________ 1a https://www.ilo.org/public/french/bureau/ stat/class/icse.htm
Amendment 587 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
The legal presumption shall apply in all relevant administrative and legal proceedings. Competent authorities verifying compliance with or enforcing relevant legisfrom the entry into force of this Directive. Competent authorities and bodies registering administrative procedures, verifying compliance with or enforcing relevant legislation must be able to rely on that presumption. To that end, the procedure for platforms already operating within the Member States shall be as follows: (a) Member States shall provide and maintain a list of digital platforms operating on their territory; (b) The platform shall be informed that workers performing work on a digital platform are deemed to be salaried workers from the entry into force of this Directive. The transposition period will enable administrative and legal measures to be put in place to ensure compliance with this presumption or rebuttal of it before the authorities of the Member State in which the platform operates; (c) If a rebuttal of the legal presumption via a reversal of the burden of proof as provided for in Article 5 has not taken place or has not been upheld by the authorities responsible for enforcing the legislation, then the worker performing work via a digital platform must hold a stable employment contract at the latest on the day on which these legislative provisions enter into force in accordance with Article 21, without precluding digital platforms or Member States from implementing the legal presumption in advance. If a new platform is established: (a) Member States shall update the list of digital platforms operating on their territory; (b) The presumption of a salaried employment relationship shall be able to rely on that presumption. apply; (c) The platform may attempt to rebut the legal presumption via a reversal of the burden of proof, as provided for in Article 5. If the authorities responsible for enforcing the legislation uphold the rebuttal, then the platform’s workers must be self-employed. The platform may operate in the territory of the Member State in question, provided that it complies with the decision of these authorities; (d) Both the platform and the workers may lodge an appeal against the decision if they see fit.
Amendment 596 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 613 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point a
Article 4 – paragraph 2 – point a
Amendment 622 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point b
Article 4 – paragraph 2 – point b
Amendment 637 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
Amendment 642 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point d
Article 4 – paragraph 2 – point d
Amendment 652 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 2 – point e
Article 4 – paragraph 2 – point e
Amendment 666 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – introductory part
Article 4 – paragraph 3 – introductory part
3. Member States shall take supporting measures to ensure the effective implementation of the legal presumption referred to in paragraph 1 while taking into account the impact on start-ups, avoiding capturing the genuine self-employed and supporting the sustainable growth of digital labour platforms. In particular they shall:
Amendment 679 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b
Article 4 – paragraph 3 – point b
(b) develop guidance for digital labour platforms (including start-ups), persons performing platform work and social partners to understand and implement the legal presumption and how it works, including on the procedures for rebutting it by means of a reversal of the burden of proof in accordance with Article 5;
Amendment 686 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point b a (new)
Article 4 – paragraph 3 – point b a (new)
(ba) develop guidance and establish procedures for competent administrative authorities and institutions to proactively apply the legal presumption and refer cases to and share data and information with other relevant authorities in order to apply the legal presumption in the processing and registration of contractual relations and social security-related data;
Amendment 690 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point c
Article 4 – paragraph 3 – point c
(c) develop guidance forelines for competent national enforcement authorities to proactively targetidentify, target, pursue and pursuenish non-compliant digital labour platforms;
Amendment 700 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d
Article 4 – paragraph 3 – point d
(d) strengthen the controls and field inspections conducted by labour inspectorates or the bodies responsible for the enforcement of labour law, while. To that end, Member States must ensuringe that such controls and inspections are proportionate and non- discriminatorlabour inspectors have the necessary means to carry out controls and inspections properly.
Amendment 709 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 3 – point d a (new)
Article 4 – paragraph 3 – point d a (new)
(da) ensure that each platform worker is registered with the labour inspectorate.
Amendment 720 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 4
Article 4 – paragraph 4
4. With regard to contractuThe legal prelationships entered into before and still ongoing on the date set out in Article 21(1), the legal presumption referred to in paragraph 1 shall only apply to the period starting from that datesumption of a salaried employment relationship referred to in paragraph 1 shall apply immediately to the future effects of ongoing contracts.
Amendment 724 #
2021/0414(COD)
Proposal for a directive
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. The legal presumption of salaried employment referred to in paragraph 1 shall, as a procedural rule, apply immediately to ongoing proceedings.
Amendment 734 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 1
Article 5 – paragraph 1
Member States shall ensure the possibility for any of the parties to rebut the legal presumption of a salaried employment relationship referred to in Article 4 in legal or administrative proceedings or both.
Amendment 743 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 2
Article 5 – paragraph 2
Where the digital labour platform argues that the contractuchallenges the legal prelationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justice, the burden of proof shall be on the digital labour platform. Suchsumption of a salaried employment relationship before a judge, it shall fall to the platform to substantiate its objection. Until the exhaustion of remedies, proceedings shall not have suspensivd the effect on the applications of the legal presumption.
Amendment 754 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3
Article 5 – paragraph 3
Where the person performing the platform work argues that the contractual relationship in question is not an employment relationship as defined by the law, collective agreements or practice in force in the Member State in question, with consideration to the case-law of the Court of Justicechallenges the presumption of salaried employment, the digital labour platform shall be required to assist the proper resolution of the proceedings, notably by providing all relevant information held by it.
Amendment 760 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 a (new)
Article 5 – paragraph 3 a (new)
The Member States must designate the administrative or judicial authorities responsible for deciding on the request for a rebuttal filed by one of the parties. Their decision shall reflect the reality of the relationship between the worker and the digital labour platform. The labour inspectorate or other law enforcement authorities should be charged with examining the rebuttal filed by the party.
Amendment 763 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 b (new)
Article 5 – paragraph 3 b (new)
A rebuttal of the presumption of an employment relationship may be assumed where all the following conditions are met: (a) the person performs the work without supervision and without instruction from another party, both on the basis of the contract governing the work and in view of the facts; (b) the worker performs activities which are not part of the activities normally carried out by the employer; (c) the person performing the work is normally engaged in a trade, profession or self-employed activity of the same nature as the work performed.
Amendment 764 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 c (new)
Article 5 – paragraph 3 c (new)
Where digital labour platforms voluntarily decide to pay for social protection, accident insurance or any other kind of insurance, training courses or any similar benefits for the self- employed persons working through them, such decisions shall be deemed indicative of an employment relationship.
Amendment 766 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 d (new)
Article 5 – paragraph 3 d (new)
Amendment 767 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 e (new)
Article 5 – paragraph 3 e (new)
In Member States where an administrative procedure is in place for rebutting the presumption of a salaried employment relationship, workers must not be prevented from challenging the rebuttal decision or appealing before a court.
Amendment 768 #
2021/0414(COD)
Proposal for a directive
Article 5 – paragraph 3 f (new)
Article 5 – paragraph 3 f (new)
In the event of a rebuttal of the presumption of a salaried employment relationship, the worker shall not be required to repay the amounts or entitlements received as a result of that presumption.
Amendment 771 #
2021/0414(COD)
Proposal for a directive
Chapter II a (new)
Chapter II a (new)
Chapter IIa PROMOTING THE RIGHT TO COLLECTIVE BARGAINING Article 5a Persons performing platform work shall enjoy the full right to join a trade union, to collective organisation and to collective bargaining. Digital labour platforms must adhere to pay rates and other working conditions established by law or in collective agreements for the sector and/or the geographical area concerned and, where applicable, to the statutory minimum wage, as well as uphold Union, national and international labour and social law. This Directive shall be without prejudice to the full respect of the autonomy of social partners, as well as their right to negotiate and conclude collective agreements. Member States shall: (a) encourage the creation of social partners and strengthening of their capacity to engage in collective bargaining to establish the working conditions of persons performing platform work; (b) prohibit and take measures to prevent any acts that violate the right of persons performing platform work to join a trade union or which prevent them from doing so, or which discriminate against workers and trade union representatives who participate or wish to participate in collective bargaining; (c) see to it that employers, in view of the size and capacity of the company concerned, provide trade union representatives with the right information and infrastructure to perform their collective bargaining duties; (d) make sure that trade unions have the right to access the workplace and workers, including digitally, to meet and contact workers individually or collectively, with the aim of organising workers, negotiating wages on their behalf and representing them.
Amendment 772 #
2021/0414(COD)
Proposal for a directive
Article 6 – title
Article 6 – title
Transparency on and use of automated and semi-automated monitoring and decision- making systems
Amendment 773 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph -1 (new)
Article 6 – paragraph -1 (new)
-1. The rights referred to in Chapter III shall apply to persons working through a digital platform whose work is organised by automated or semi- automated means and algorithms.
Amendment 774 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. Without prejudice to the obligations and rights of digital labour platforms and platform workers under Directive (EU) 2019/1152, Member States shall require digitalthat algorithms are consistent with labour platforms to inform platform workers of: w, since these algorithms, whether they are automated or semi-automated, serve as rules of procedure and organise the work. Platform workers, via their representatives, must have the power of co-decision over algorithmic systems and have a say in and be able to review the systems that impact their working conditions at annual negotiations, in particular via:
Amendment 786 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 – point b
Article 6 – paragraph 1 – point b
(b) automated decision-making systems which are used to take or support decisions that significantly affect those platform workers’ working conditions, in particular their recruitment, their access to work assignments, their earnings, their occupational safety and health, their working time, their promotion, their ranking and their contractual status, including the restriction, suspension or termination of their account.
Amendment 788 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 b (new)
Article 6 – paragraph 1 b (new)
1b. The labour inspectorate and/or occupational health and safety authorities must also have access to information on the algorithm, in particular the points listed in paragraph 2.
Amendment 789 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 c (new)
Article 6 – paragraph 1 c (new)
1c. Any predictive system, software or process that makes use of computations to aid or replace decisions or management decisions that affect the opportunities, access, freedoms, rights and/or safety of workers or that might have a bearing on a decision concerning work relations or the working conditions of platform workers must be monitored to remove any bias. Trade union representatives must be informed of and consulted on the parameters and the way they operate, how they were set up, and the way in which human oversight is assured.
Amendment 790 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 1 d (new)
Article 6 – paragraph 1 d (new)
1d. Member States shall also require that digital labour platforms inform trade unions of, and consult them on, the use of the monitoring and decision-making systems mentioned in points a) and b), and that the matter is subject to collective bargaining. In accordance with Regulation (EU) 2016/679, a ‘data controller’ (the employer) must seek the views of data subjects or their representatives, where appropriate, when carrying out an assessment of the impact of access to or the processing of personal data.
Amendment 797 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b – point iii a (new)
Article 6 – paragraph 2 – point b – point iii a (new)
(iiia) the functioning and mode of operation of elements that affect the employment relationship, in particular recruitment, access to work assignments, earnings, health and safety, working time, promotion, ranking and the restriction, suspension or termination of accounts;
Amendment 798 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 2 – point b – point iv
Article 6 – paragraph 2 – point b – point iv
(iv) the grounds for decisions to restrict, suspend or terminate the platform worker’s account, to refuse the remuneration for work performed by the platform worker, on the platform worker’s contractual status or any decision with similar effects. Such decisions should nevertheless be in line with the measures under which employers state the grounds for disciplinary action and dismissals, and the reasoning behind the decisions should be subject to collective bargaining.
Amendment 802 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Digital labour platforms shall provide the information referred to in paragraph 2workers and their trade union with the information referred to in paragraph 2, in advance and in time for a thorough examination thereof, in the form of a document which may be in electronic format. They shall provide that information at the latest on the first working day, as well as in the event of substantial changes and at any time upon the platform workers’ request. The information shall be presented in a concise, transparent, intelligible and easily accessible form, using clear and plain language. Digital labour platforms shall be accountable to the workers and their representatives for any changes to the working conditions. Elements of the algorithm relating to management of the work which cannot be explained to the workers and their trade unions should be banned.
Amendment 811 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – introductory part
Article 6 – paragraph 5 – introductory part
5. Digital labour platforms shall not processmust comply with Regulation (EU) 2016/679. Under this regulation, indiscriminate monitoring of employees is illegal and therefore digital labour platforms shall have no access to, neither shall they collect and/or process, any personal data concerning platform workers that are not intrinsically connected to and strictly necessary for the performance of the contract between the platform worker and the digital labour platform. Algorithmic management must not, in any circumstances, facilitate discriminatory practices against workers. In particular they shall not:
Amendment 816 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point a
Article 6 – paragraph 5 – point a
(a) access, collect and/or process any personal data on the emotional or psychological state of the platform worker;
Amendment 817 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point b
Article 6 – paragraph 5 – point b
(b) access, collect and/or process any personal data relating to the health of the platform worker, except in cases referred to in Article 9(2), points (b) to (j) of Regulation (EU) 2016/679;
Amendment 820 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point c
Article 6 – paragraph 5 – point c
(c) access, collect and/or process any personal data in relation to private conversations, including exchanges with platform workers’ representatives; including conversations between workers and between trade unions and workers with a view to organising trade union activity, including collective action;
Amendment 824 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point d
Article 6 – paragraph 5 – point d
(d) collectneither access, nor collect and/or process any personal data while the platform worker is not offering or performing platform work.
Amendment 827 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point d a (new)
Article 6 – paragraph 5 – point d a (new)
(da) access, collect and/or process data collected by automated and semi- automated systems with a view to suspending or terminating the employment relationship between the digital labour platform and the worker.
Amendment 830 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 – point d b (new)
Article 6 – paragraph 5 – point d b (new)
(db) certain monitoring tools, such as biometric checks or constant video surveillance to monitor performance, should be banned.
Amendment 838 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 a (new)
Article 6 – paragraph 5 a (new)
5a. The platforms must give workers and their representatives access to their data arising from Regulation (EU) 2016/679 so they can verify compliance with the latter.
Amendment 839 #
2021/0414(COD)
Proposal for a directive
Article 6 – paragraph 5 b (new)
Article 6 – paragraph 5 b (new)
5b. If using automated or semi- automated decision-making systems, and without prejudice to the possible right of workers and their representatives to access the technical details of how they operate, the company shall, proactively and every time that a system affecting the workers is featured, provide the workers and their representatives with an algorithmic prospectus containing at least the following information: the system developer and operator (and their legal roles as data controller/data processor), a description of the type of system (recommendation, risk assessment, supervised/unsupervised system), a description of the system’s aims, details of training data used, details of variables used, information on the performance of the mandatory impact study and/or independent external audit (and access to the findings thereof), an analysis of the percentage of false positives and false negatives foreseen or detected by the developer, and information on the remedies available to those affected.
Amendment 843 #
2021/0414(COD)
Proposal for a directive
Article 7 – title
Article 7 – title
Human monitoring of automated or semi- automated systems
Amendment 846 #
2021/0414(COD)
Proposal for a directive
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall ensure that digital labour platforms regularly monitor and evaluate the impact of individual decisions taken or supported by automated monitoring and decision-making systems, as referred to in Article 6(12), on working conditions. Member States shall safeguard workers’ right of co-decision, via their representatives, in algorithmic systems, and ensure human intervention in or human oversight of all decisions impacting working conditions (for example, workflow, working time, pay and promotion), particularly when it comes to key decisions, like those concerning disciplinary action, dismissals and profiling models.
Amendment 858 #
2021/0414(COD)
Proposal for a directive
Article 7 – paragraph 2 – subparagraph 1
Article 7 – paragraph 2 – subparagraph 1
They shall not use automated monitoring and decision-making systems in any manner that violates labour law, puts undue pressure on platform workers or otherwise puts at risk the physical and mental health of platform workers.
Amendment 869 #
2021/0414(COD)
Proposal for a directive
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. Algorithm-based predictive actions shall be deemed high-risk processes and therefore assessed as part of each company’s occupational risk prevention plan.
Amendment 870 #
Amendment 871 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – introductory part
Article 8 – paragraph 1 – introductory part
1. Member States shall ensure that platform workers have the right to obtain an explanation from the digital labour platform for any decision taken or supported by an automated decision- making system that significantly affects the platform worker’s working conditions, as referred to in Article 6(1), point (b). In particular, Member States shall ensure that digital labour platforms provide platform workers with access to a contact person designated by the digital labour platform to discuss and to clarify the facts, circumstances and reasons having led to the decision. Digital labour platforms shall ensure that such contact persons have the necessary competence, training and authority to exercise that function.
Amendment 878 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Digital labour platforms shall provide the platform worker with a written statement of the reasons for any decision taken or supported by an automated decision- making system to restrict, suspend or terminate the platform worker’s account, any decision to refuse the remuneration for work performed by the platform worker, any decision on the platform worker’s contractual status or any decision with similar effects. The explanation and human review of disciplinary action and dismissals provided for in this article shall not preclude the digital labour platforms from complying with labour law and the applicable collective agreements governing the statement of grounds for such disciplinary action.
Amendment 886 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 2 – introductory part
Article 8 – paragraph 2 – introductory part
2. Where platform workers are not satisfied with the explanation or the written statement of reasons obtained or consider that the decision referred to in paragraph 1 infringes their rights, theyorkers and their trade unions shall have the right to request the digital labour platform to review that decision. The digital labour platform shall respond to such request by providing the platform worker with a substantiated reply without undue delay and in any event within one week of receipt of the request. This explanation should nevertheless be complementary to the application of the existing obligation for employers to state the grounds for disciplinary action and dismissals.
Amendment 888 #
2021/0414(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
Amendment 901 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Without prejudice to the rights and obligations under Directive 2002/14/EC and 2009/38/EC, Member States shall ensure information and consultation of platform workers’ representatives or, where there are no such representatives, of the platform workers concerned by digital labour platforms, on decisions likely to lead to the introduction of or substantial changes in the use of automated monitoring and decision-making systems referred to in Article 6(1), in accordance with this Article. The right of workers to be informed and consulted, of access to information for representatives and the relevant authorities, and of access to evidence must be granted irrespective of whether the algorithm is run by the digital labour platform or a sub-contractor that sells its management services to the platform.
Amendment 909 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. The labour inspectorate must have access to the whole content of the algorithm so that it can check the algorithmic management criteria.
Amendment 914 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The platform workers’ representatives or the platform workers concerned may be assisted by an expert of their choice, in so far as this is necessary for them to examine the matter that is the subject of information and consultation and formulate an opinion. Where a digital labour platform has more than 500 platform workers in a Member State, the expenses for the expert shall be borne by the digital labour platform, provided that they are proportionate.
Amendment 921 #
2021/0414(COD)
Proposal for a directive
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3a. The approval of the trade union and/or the labour inspectorate should be a prerequisite for the introduction of any automated or semi-automated monitoring or decision-making system permitted under Article 6.
Amendment 923 #
2021/0414(COD)
Proposal for a directive
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Article 6, Article 7(1) and (3), Article 8 and Article 815 and OSH provisions on transparency and human oversight shall also apply to persons performing platform work who do not have an employment contract or employment relationship.
Amendment 925 #
2021/0414(COD)
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Article 10a Data portability Persons working through a digital platform shall be granted the right to data portability, including in relation to reputational data, and the right to not transport that data should that be their wish, as well as the right to rectification, to erasure and to be forgotten. Digital labour platforms shall make their reputational systems interoperable to enable these data transfers.
Amendment 928 #
2021/0414(COD)
Proposal for a directive
Article 11 – paragraph 1
Article 11 – paragraph 1
Without prejudice to Regulations (EC) No 883/200469 and 987/200970 of the European Parliament and of the Council, Member States shall require digital labour platforms which are employers to declare work performed by platform workers to the competent labour and social protection authorities of the Member State in which the work is performed and to share relevant data with those authorities, in accordance with the rules and procedures laid down in the law of the Member States concerned, and to meet their tax and social protection obligations under national law. __________________ 69 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (OJ L 166, 30.4.2004, p. 1). 70 Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).
Amendment 937 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph -1 (new)
Article 12 – paragraph -1 (new)
-1. Platform workers should enjoy the right to be informed and consulted in accordance with the above-mentioned Directive 2002/14/EC establishing a general framework for informing and consulting employees. Self-employed persons working through a digital labour platform should also be granted the right to be informed, in particular as regards algorithmic transparency.
Amendment 939 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – introductory part
Article 12 – paragraph 1 – introductory part
1. Where labour, social protection and other relevant authorities exercise their functions in ensuring compliance with legal obligations applicable to the employment status of persons performing platform work and where the representatives of persons performing platform work exercise their representative functions, Member States shall ensure that digital labour platforms make the following information available to them, regardless of the country in which the platform is established:
Amendment 947 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 1 – point b
Article 12 – paragraph 1 – point b
(b) the general terms and conditions applicable to those contractual relationships, provided that those terms and conditions are unilaterally determined by the digital labour platform and apply to a large number of contractual relationships.
Amendment 952 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The information shall be provided for each Member State in which persons are performing platform work through the digital labour platform concerned. The information shall be updated at least every six months, and, as regards paragraph 1, point (b), each time the terms and conditions are modified after informing and consulting the trade unions and workers.
Amendment 957 #
2021/0414(COD)
Proposal for a directive
Article 12 – paragraph 3
Article 12 – paragraph 3
3. Labour, social protection and other relevant authorities and workers’ representatives of persons performing platform work shall have the right to ask digital labour platforms for additional clarifications and details regarding any of the data provided. The digital labour platforms shall respond to such request within a reasonable period of time by providing a substantiated reply.
Amendment 961 #
2021/0414(COD)
Proposal for a directive
Article 12 a (new)
Article 12 a (new)
Article 12a Due diligence for platforms 1. In order to combat human and labour rights violations by sub- contractors and along platforms’ value chains, Member States shall subject them to due diligence. 2. Platforms are required to take all necessary and proportionate measures to prevent human and labour rights violations along their value chains, to detect them and to respond accordingly as and when they occur. 3. Member States shall determine the conditions in which platforms shall be held criminally, civilly or administratively liable for violations of those rights along their value chains, as well as the remedies available to victims.
Amendment 962 #
2021/0414(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
Without prejudice to Articles 79 and 82 of Regulation (EU) 2016/679, or to existing labour legislation concerning the termination of employment contracts or any other labour law, Member States shall ensure that persons performing platform work, including those whose employment or other contractual relationship has ended, have access to quick, free, fair, effective and impartial litigation or dispute resolution and a right to redress, including adequate compensation, in the case of infringements of their rights arising from this Directive. The autonomy of the social partners in decisions relating to dispute resolution and the right to appeal must also be upheld.
Amendment 970 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Without prejudice to Article 80 of Regulation (EU) 2016/679, Member States shall ensure that representatives of persons performing platform work or other legal entities which have, in accordance with the criteria laid down by national law or practice, a legitimate interest in defending the rights of persons performing platform work,and in accordance with Directive 2002/14/EC, Member States shall ensure that workers’ representatives may engage in any judicial or administrative procedure to enforce any of the rights or obligations arising from this Directive. They may act on behalf or in support of a person performing platform work in the case of an infringement of any right or obligation arising from this Directive, with that person’s approval.
Amendment 977 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 2
Article 14 – paragraph 2
2. Representatives of persons performing platform work shall also have the right to act on behalf or in support of several persons performing platform work, with those persons’ approval.
Amendment 980 #
2021/0414(COD)
Proposal for a directive
Article 14 – paragraph 2 a (new)
Article 14 – paragraph 2 a (new)
2a. Persons performing platform work should be entitled to take industrial action.
Amendment 986 #
2021/0414(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
Member States shall take the necessary measures to ensure that digital labour platforms create the possibility for persons performing platform work to contact and communicate with each other, and to be contacted by representatives of persons performing platform work, through the digital labour platforms’ digital infrastructure or similarly effective means, in a visible and operational manner, while complying with the obligations under Regulation (EU) 2016/679. Member States shall require digital labour platforms to refrain from accessing or monitoring those contacts and communications.
Amendment 990 #
2021/0414(COD)
Proposal for a directive
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that in proceedings concerning a claim regarding correct determination of the employment status of persons performing platform work, national courts or competent authorities are able to order the digital labour platform to disclose any relevant evidence which lies in their control, regardless of the country in which the digital labour platform is established and irrespective of the fact that platforms outsource some aspects of algorithmic management to contractors in another country.
Amendment 994 #
2021/0414(COD)
Proposal for a directive
Article 17 – paragraph 1
Article 17 – paragraph 1
Member States shall introduce the measures necessary to protect persons performing platform work, including those who are their representatives, from any adverse treatment by the digital labour platform and from any adverse consequences resulting from a complaint lodged with the digital labour platform or resulting from any proceedings initiated with the aim of enforcing compliance with the rights provided for in this Directive. These measures should include the creation of accessible and effective complaint mechanisms. Undocumented third-country nationals should have access to justice without fear of reprisal or risk of deportation. This requires the establishment of a division between work to enforce labour legislation and the courts and migration control mechanisms.
Amendment 996 #
2021/0414(COD)
Proposal for a directive
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall take the necessary measures to prohibit the dismissal or its equivalent (including long- term suspensions, which may cause harm without equating to a dismissal) and all preparations for dismissal or its equivalent of persons performing platform work, on the grounds that they have exercised the rights provided for in this Directive.
Amendment 997 #
2021/0414(COD)
Proposal for a directive
Article 18 – paragraph 1 a (new)
Article 18 – paragraph 1 a (new)
1a. Digital labour platforms must comply with the measures applicable to employers as regards stating the grounds for disciplinary action and dismissal.
Amendment 998 #
2021/0414(COD)
Proposal for a directive
Article 18 – paragraph 3 a (new)
Article 18 – paragraph 3 a (new)
3a. This article on protection from dismissal shall also apply to genuinely self-employed persons, on the basis of the protection against wrongful termination of contracts afforded to self-employed commercial agents under Union law.
Amendment 1002 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
1a. The authorities referred to in paragraph 1 and the national labour and social protection authorities shall, where relevant, cooperate in the application of this Directive, within the remit of their respective competences, in particular where questions arise concerning the impact of automated monitoring and decision-making systems on working conditions.
Amendment 1003 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The authorities referred to in paragraph 1 and national labour and social protection authorities shall, where relevant, cooperate in the enforcement of this Directive, within the remit of their respective competences, in particular where questions on the impact of automated monitoring and decision-making systems on working conditions or on rights of persons performing platform work arise. For that purpose, those authorities shall exchange relevant information with each other, including information obtained in the context of inspections or investigations, either upon request or at their own initiative. This cooperation should also include cross-border cooperation in the form of assistance, support and the exchange of information between authorities to achieve effective cross- border application. The labour inspectorate or the other law enforcement authorities should be fully equipped and sufficiently resourced to carry out the relevant investigations filed by the digital labour platform.
Amendment 1008 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2a. Platform workers should have the right to complain against digital labour platforms, including in cross-border disputes, to which the Rome I and Brussels I Regulation should apply.
Amendment 1009 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 3
Article 19 – paragraph 3
3. Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to provisions of this Directive other than those referred to in paragraph 1 or of the relevant provisions already in force concerning the rights which are within the scope of this Directive. The penalties provided for shall be effective, proportionate and dissuasive. The penalties provided for should be subject to review throughout the application of the directive, to ensure they remain an effective deterrent. Digital labour platforms that break the law should, among other penalties, be denied access to public money and public procurement.
Amendment 1010 #
2021/0414(COD)
Proposal for a directive
Article 19 – paragraph 3 a (new)
Article 19 – paragraph 3 a (new)
3a. For the purposes of applying the law, and without prejudice to the rights to information under Article 11 and Article 12.2, digital labour platforms should be entered in the appropriate public business register, along with information on all digital labour platforms operating in the country. This information should include, inter alia, the company’s headcount, status and turnover.
Amendment 1016 #
2021/0414(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. This Directive shall not affect the Member States’ prerogative to apply or to introduce laws, regulations or administrative provisions which are more favourable to platform workers, or to encourage or permit the application of collective agreements which are more favourable to platform workers, in line with the objectives of this Directive. As regards persons performing platform work who are not in an employment relationship, this paragraph shall only apply insofar as such national rules are compatible with the rules on the functioning of the internal market.
Amendment 45 #
2021/0227(BUD)
Draft opinion
Paragraph 7
Paragraph 7
7. Highlights the importance of building a strong common security and defence policy) and enhancing cooperation in defence and security matters through the European Defence Fund, a key contributor to the Una paradigm shift in EU foreign policy, with the Union as a strong civilian actor promoting peaceful conflict resolution, advancing cooperation on arms control and nuclear disarmament, strengthening poverty reduction, fair trade and balanced economic relations; recalls the disastrous results of the interventionist, geopolitical and military approach as seen in Afghanistan and Mali; objects to further EU militarization and the continued setting up of a Military Union and the on- going support of the defence and armament industry; stresses that the setting-up of the European Defence Fund violates the provision’s strategic autonomylaid down in Article 41(2) TEU;
Amendment 86 #
2021/0206(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union and its Member States are Parties to the Paris Agreement, which was signed in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) (‘the Paris Agreement’)28 and entered into force in November 2016. According to that Agreement and in line with the latest scientific advice, they are bound to limit the increase in the global average temperature well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5°C above pre- industrial levels. _________________ 28 Paris Agreement (OJ L 282, 19.10.2016, p. 4).
Amendment 87 #
2021/0206(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The Commission Communication The European Green Deal29 sets out a new growth strategy that aims to transform the Union into a sustainn equitable, fairer and more prosperous society, with a modern, resource-efficient and competitivsustainable economy, where there are no net emissions of greenhouse gases in 2050 at the latest, and where economic growth is decoupled from resource use. The Commission proposes also to restore, protect, conserve and enhance the Union's natural capital, and protect the health and well-being of citizens from environment-related risks and impacts. Finally, the Commission considers that this transition should be just and inclusive, leaving no one behind. _________________ 29 COM(2019)640 final.
Amendment 91 #
2021/0206(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Regulation (EU) 2021/1119 of the European Parliament and of the Council30 enshrines into law the target of economy- wide climate neutrality by 2050 at the latest. That Regulation establishes a binding commitment on the part of the Union to reduce emissions. By 2030, the Union should reduce its greenhouse gas emission, after deduction of removals of greenhouse gas emissions, by at least 55% compared to the level in 1990. All sectors of the economy should contribute to achieving that target. _________________ 30 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 92 #
2021/0206(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) Buildings in the EU are responsible for 36% of greenhouse gas emissions. Transports are responsible for 27% of greenhouse gas emissions, from which 72% amount to road transport. In parallel, mobility and heating/cooling represent the biggest lines in European household budgets, being close to one third of their annual expenditure. Decarbonising buildings and transports is particularly challenging because households are locked into existing infrastructures, which are costly to change and, therefore, have little options to choose a sustainable alternative. Given this scope, the Commission’s proposal to extend the EU’s carbon trading scheme to buildings and transports would hit households hard, in particular the vulnerable ones. Indeed, energy bills will increase, making low and middle-income households poorer, pushing households at risk of poverty or social exclusion into energy poverty and fatally hitting vulnerable households. Changing transport systems and heating/cooling systems for homes is not only crucial from a climate and environmental perspective but also very important in terms of social justice. Therefore, the ecological transition cannot be achieved by market mechanisms and the price signals that follow from them.
Amendment 98 #
2021/0206(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Those amendments have differing economic and social impacts on the different sectors of the economy, on the citizens, and the Member States. In particular, the inclusion of greenhouse gas emissions from buildings and road transport into the scope of Directive 2003/87/EC of the European Parliament and the Council31 should provide an additional economic incentive to invest into the reduction of fossil fuel consumption and thereby accelerate the reduction of greenhouse gas emissions. Combined with other measures, this should, in the medium to long term, reduce the costs for buildings and road transport, and provide new opportunities for job creation and investment. _________________ 31 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a system for greenhouse gas emission allowance trading within the Union (OJ L 275, 25.10.2003, p. 32) and they could lead to higher prices for fossil fuels while the decarbonisation of the economy is underway.
Amendment 115 #
2021/0206(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) However,In this regard, adequate resources are needed to finance those investments in decarbonisation in line with the pathway to climate neutrality. In addition, before they have taken place, the cost supported by households and transport users for heating, cooling and cooking, as well as for road transport, is likely to increase as fuel suppliers subject to the obligations under th. No price increase shall be passed on to vulnerable consumers, to vulnerable households, vulnerable emission trading for buildings and road transport pass on costs on carbon to the consumercro-enterprises and vulnerable transport users. The ecological transition should have a neutral economic and social impact on them and have the objective of reducing climate inequalities.
Amendment 126 #
2021/0206(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increase in the price for fossil fuels maywill disproportionally affect vulnerable households, vulnerable micro- enterprises and vulnerable transport users who spend a larger part of their incomes on energy and transport, who, in certain regions, do not have access to alternative, affordable mobility and transport solutionsaggravating the pre- existing inequalities. Vulnerable households and vulnerable enterprises mostly do not have access to alternative, affordable mobility and transport solutions including in remote, insular areas and carbon intensive regions with high unemployment rates, and who may lack the financial capacity to invest into the reduction of, and ultimately cut, reliance on fossil fuel consumption.
Amendment 141 #
2021/0206(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Therefore, a part of the revenues generated by the inclusion of building and road transport into the scope of Directive 2003/87/EC should be used to address the social impacts arising from that inclusione higher energy prices due to the reliance of fossil fuels, for the transition to be just and inclusive, leaving no one behind.
Amendment 149 #
2021/0206(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) This is even more relevant in view of the existing levels of energy poverty. Energy poverty is a situation in which households are unable to access essential energy services such as cooling, as temperatures rise, and heatingthe fundamental right to affordable and adequate housing, or afford essential energy services that are preconditions for a decent standard of living and he