872 Amendments of Nicolaus FEST
Amendment 9 #
2023/0008(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) European statistics on population and housing are required for the design, implementation and evaluation of Union policies, in particular those addressing the migrant crisis, demographic change, the green and digital transformations, the promotion of energy efficiency, economic, social and territorial cohesion, and achieving the Sustainable Development Goals of the United Nations (UN) 2030 Agendathe preservation of the cultural identity of the European peoples. The Union's policies may not overstep the competences conferred upon it.
Amendment 10 #
2023/0008(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In 2017, the European Statistical System Committee (ESSC) endorsed the Budapest Memorandum, which stated the need for annual statistics on the size and on certain social, economic and demographic characteristics of the population and improved statistics on migration. For the observance of the principles of equality and non-discrimination of its citizens in all activities and the individual citizens’ rights as enshrined in the Charter of Fundamental Rights of the European Union23and Articles 10 and 19 TFEU, the Union needs reliable and comparable statistics. Regulation (EU) 2019/1700 provides a framework for data collections from samples that allow to collect data on equality and non-discrimination in so far as this is feasible on samples and to analyse some aspects of equality and discrimination by producing socio- economic indicators and information on experience of discrimination. In addition, the Fundamental Rights Agency (FRA) and the European Institute for Gender Equality (EIGE) carry out specific studies and dedicated surveys that can further extend the availability of equality statistics at EU level. Future cooperation and coordination between Member States, Eurostat and these agencies should be enhanced to meet growing user demands for reliable and comprehensive data on equality and diversity in the Union. _________________ 23 OJ C 202, 7.6.2016, p. 389.
Amendment 13 #
2023/0008(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To achieve the targets of the European Green Deal, the development and evaluation of effective policies require enhanced statistics relating to the energy use and efficiency of housing, detailed geographical data on the distribution of the population as well as deeper studies of the relationship between population and housing. With the COVID-19 pandemic the need for reliable, high frequency and timely statistics on deaths in the Union was manifested. While data needs were met with a voluntary data collection from Member States to the Commission (Eurostat), the Union needs an adequate mechanism for mandatory collection of such data within the European Statistical System (ESS) with the necessary frequency, timeliness and detail.
Amendment 23 #
2023/0008(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 13
Article 2 – paragraph 1 – point 13
(13) ‘family’ means a group of two or more persons who live in the same household and who are related through parenthood or through marital, registered or consensual union partnership;
Amendment 23 #
2022/2898(RSP)
Recital A
A. whereas the Union is founded on the common values enshrined in Article 25(3) TEU of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities – values that are common to the EU Member States and to which candidate countries must adhere in order to join the Union as part of the Copenhagen criteria, which cannot be disregarded or reinterpreted after accession; whereas democracy, the rule of law and fundamental rights are mutually reinforcing values which, when undermined, may states that ‘under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed a systemic threat to the Unction cand the rights and freedoms of its citizens; whereas respect for the rule of law is binding on the Union as a whole and its Member States at all levels of governance, including subnational entitiesnot be sufficiently achieved by the Member States’;
Amendment 31 #
2022/2898(RSP)
Recital B a (new)
Ba. whereas there is no commonly accepted legal definition of the concept of the ‘rule of law’ at EU level and the Commission seeks to attribute a subjective set of values and principles to it;
Amendment 32 #
2022/2898(RSP)
Recital C
C. whereas the principle of sincere cooperation in Article 4(3) TEU places an obligation on the Union and the Member States to assist each other in carrying out obligations which arise from the Treaties in full mutual respect, and on Member States to take any appropriate measure, general or in particular, to ensure the fulfilment of the obligations arising from the Treaties or resulting from the acts of the institutions of the Unioneach Member State has its own national identity and the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between Member States;
Amendment 42 #
2022/2898(RSP)
Recital F
F. whereas it is necessary to strengthen and streamline existing mechanisms and to develop a single comprehensive EU mechanism to protect democracy, the rule of law and fundamental rights effectively and to ensure that Article 2 TEU values are upheld throughout the Union as well as by candidate countries, albeit with different monitoring regimes, so that Member States are prevented from developing domestic law that runs counter to the protection of Article 2 TEU; whereas the Commission and the Council have continued to dismiss the need for an interinstitutional agreement on an EU mechanism on democracy, the rule of law and fundamental rightsthere is no general competence in the EU Treaties that allows the institutions of the EU to enforce its interpretation of the rule of law throughout the Union;
Amendment 49 #
2022/2898(RSP)
Paragraph 1
1. Welcomes the Commission’s third annual rule of law report arecalls that the Member States part of the Commission’s rule ofe and remain, under public international law, toolbox; considers that while the report represents a step towards a coherent mechanism to preserve Union values, the toolbox remains too flexible and too broad an approach to the rule of lawhe masters of the Treaties; calls for a reform of the EU towards a Europe that upholds the sovereignty and identity of our European nations and peoples;
Amendment 66 #
2022/2898(RSP)
Paragraph 3
Amendment 70 #
2022/2898(RSP)
Paragraph 5
Amendment 76 #
2022/2898(RSP)
Paragraph 6
6. Welcomes the addition of country- specific recommendaCalls on the EU institutions, as a follow up to the reiterated calls from Parliament to this end; recalls that the annual reports serve as a basis for informed discusnd the Member States to abandon their economically and politically disastrous centralising visions on the rule of law situation in Member States; acknowledges that these country- specific recommendations help to target specific issues with a view to achieving real improvements in Member States; deplores, however, the fact that the recommendations are not binding; calls on the Commission to develop the annual rule of law cycle further by assessing the implementation of the country-specific recommendations in the next annual report, with specific benchmarks and a clear timeline for implementationf an ‘ever closer union’, and instead calls for a form of European cooperation that respects the limitations of the EU as laid down by the existing Treaties and is in accordance with the principles of national sovereignty, democracy, transparency, strict subsidiarity and accountability;
Amendment 85 #
2022/2898(RSP)
Paragraph 8
8. Urges the Commission to initiate the relevant procedures without hesitation or delay, especially when governments show no willingness to comply with the country-specific Stresses that each Member State has its own national identity and constitutional traditions, which are in line with European values and must always be treated with respect, objectivity and with regard to the principle of equality; underlines that the rule of law is a fundamental value for all Member States; expresses concern that the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere commendationoperation between Member States;
Amendment 88 #
2022/2898(RSP)
Paragraph 9
9. Commends the efforts by the Commission to engage better with national stakeholders; recognises civil society as an essential actor for the rule of law, with an important role to play in the follow-up to the annual report and its implementation; calls on the Commission to pursue the consistent involvement of civil society alls for an investigation into violations of fundamental rights by non- governmental organisations, including those facilitating the follow-up to the report at national level, in cooperation withsmuggling of illegal migrants into the FRAEU;
Amendment 102 #
2022/2898(RSP)
Paragraph 12
Amendment 112 #
2022/2898(RSP)
Paragraph 13
13. Strongly regrets the inabilityCalls ofn the Council to make meaningful progress in the ongoing Article 7(1) TEU procedures; urges the Council to address all new developments affecting the rule of law, democracy and fundamental rights; reiterates its call on the Council to address recommendations in the framework of this procedure, underlining that any further delaying of such action would amount to a breach of the rule of law principle by the Councimmission to stop using the Rule of Law Conditionality Regulation to put political pressure on some Member States to change policies approved in democratic elections that fall witself; insists that Parliament’s role and competences be respectedhin their competence;
Amendment 117 #
2022/2898(RSP)
Paragraph 14
14. Strongly condemns Member States’ authorities that refuse to engage in the Commission’s annual Rule of Law Dialoguethe pressure put on Member States that wish to defend their constitutional identities;
Amendment 125 #
2022/2898(RSP)
Paragraph 16
16. Recalls its position regarding the involvement of a panel of independent experts to advise the three inSupports the ongoing investitugations, in close cooperation with the FRA; repeats its call on the Commission to invite the FRA to provide methodological advice and conduct comparative research to add detail in key areas ofto allegations of wrongdoing by the mannual report, given the intrinsic links between fundamental rights and the rule of lawagement of the EU Agency for Asylum;
Amendment 130 #
2022/2898(RSP)
Paragraph 17
17. Reiteratecalls that the annual rule of law cycle should serve as input for the activation of other instruments to respond to threats or breaches of the rule of law at national level, such as Article 7 TEUUnion acted outside its powers in adopting the Rule of Law Conditionality Regulation, going beyond the competences conferred upon it in the Treaties by the Member States; stresses, furthermore, that the Regulation infringes the principle of legal certainty; rejects, therefore, the Rule of Law Conditionality Regulation; infringement procedures or instruments under EU financial legislation; reiterates its call on the Commission to create a direct link between the annual rule of law reports, among other sources, and the Rule of Law Conditionality Mechanism its entirety; considers, too, that it is essentially a political tool for bypassing the principle of unanimity laid down in Article 7 of the EU Treaty and it thus infringes EU law;
Amendment 34 #
2022/2005(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the TEU; whereas the right to equal treatment and non-discrimination is aand the right to freedom of expression are fundamental rights enshrined in the Charter and must be fully respected;
Amendment 41 #
2022/2005(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU Action Plan is the first EU policy instrument to recognise the alleged structural dimension of racism, which has historical roots dating back to colonialism and slavery;
Amendment 48 #
2022/2005(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the FRA, racial discrimination and harassment remain normalised throughout the EU10; whereas racism and extreme right-wing, extreme left-wing, extreme right-wing, antisemitic and Islamist sentiments and ideology continue to pose serious challenges in our Union, but are by no means prevalent; whereas, in spite of these problems, the European Union is one of the most popular migration destinations for minority groups allegedly subject to structural discrimination; _________________ 10 https://fra.europa.eu/en/news/2019/rising- inequalities-and-harassment-fundamental- rights-protection-falters
Amendment 51 #
2022/2005(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the FRA, racial discrimination and harassment remain normalised throughout the EU10; whereas racism and extreme righleft-wing sentiments and ideology and the associated belief that every white person is inherently racist continue to pose serious challenges in our Union; _________________ 10 https://fra.europa.eu/en/news/2019/rising- inequalities-and-harassment-fundamental- rights-protection-falters
Amendment 62 #
2022/2005(INI)
Motion for a resolution
Recital D
Recital D
D. whereas structural and institutionalised racism is also mirrored in socioeconomic inequality and poverty, and whereas these factors interact and reinforce each otheroriginate from the Marxist school of thought, and whereas these terms hamper the fight against individual expressions of discrimination;
Amendment 65 #
2022/2005(INI)
Motion for a resolution
Recital D
Recital D
D. whereas structural and institutionalised racism iscan also be mirrored in socioeconomic inequality and poverty, and whereas these factors can interact and reinforce each other;
Amendment 82 #
2022/2005(INI)
Motion for a resolution
Recital E
Recital E
E. whereas there are barriers to access justice forevery victims of racial discrimination; whereas equality bodies in the Member States lack the human and financial resources and/or political will and independence to bridge this gap has access to justice;
Amendment 87 #
2022/2005(INI)
Motion for a resolution
Recital E
Recital E
E. whereas there are barriers to access justice for victims of racial discrimination; whereas equality bodies in the Member States lack the human and financial resources and/or political will and independence to bridge this gapare politically motivated and only tackle certain forms of discrimination; whereas anti-white racism is forgotten and/or ignored;
Amendment 106 #
2022/2005(INI)
Motion for a resolution
Recital F
Recital F
Amendment 111 #
2022/2005(INI)
Motion for a resolution
Recital G
Recital G
Amendment 115 #
2022/2005(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the Racial Equality Directive has been insufficientlyshould be implemented by the Member States within their own national context;
Amendment 124 #
2022/2005(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the EU institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changescan affect any group within society, irrespective of ethnic or cultural background;
Amendment 125 #
2022/2005(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the EU institutions need to take concrete steps to ensure sustainable changes towards a fully inclusive and respectful workplace; whereas discrimination is often multidimensional and only an intersectional approach can pave the way to sustainable changesstop constantly constructing new victim groups and, building on those, new victim industries, especially as the EU is one of the most tolerant places in the world, as reflected, amongst other things, in the mass migration to Europe of minority groups allegedly facing structural discrimination;
Amendment 143 #
2022/2005(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises the urgent need for the Union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and inby all areas in the EU; insists that the Union and its institutions must lead by example in the fight against structural and institutional racism and anti-discriminationpersons or groups in the EU;
Amendment 146 #
2022/2005(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Emphasises the urgent needpossibility for the Union to develop a robust and comprehensive agenda for effectively combating racism and discrimination on all grounds and in all areas in the EU; insists that; calls on the Union and its institutions musto lead by example in the fight against structural and institutional racism and anti-discrimination;
Amendment 170 #
2022/2005(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 180 #
2022/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 183 #
2022/2005(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to ensure the full implementation of the Racial Equality Directive; condemns the fact that racial, ethnic, linguistic and religious minorities face structural racism, discrimination, hate crime and hate speech, a lack of access to justice, and sustained socioeconomic inequalities in areas such as housing, healthcare, employment and education, which need to be acknowledged as major barriers to full enjoyment of fundamental rights and key barriers to inclusion and equalitydiscrimination; condemns all forms of ethnic discrimination, including anti-white discrimination;
Amendment 195 #
2022/2005(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RegretNotes that 14 years after the adoption of the Framework Decision on Racism and Xenophobia, several Member States have not yet fully and correctfully transposed its provisions into national law; calls on the Member States to put measures in place that encourage victims and witnesses to come forward and report hate crime, and strengthen the ability of national law enforcement systems to correctly identify and record it;
Amendment 196 #
2022/2005(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RegretNotes that 14 years after the adoption of the Framework Decision on Racism and Xenophobia, several Member States have not yet fully and correctly transposed its provisions into national law; calls on the Member States to put measures in place that encourage victims and witnesses to come forward and report hate crime, and strengthen the ability of national law enforcement systems to correctly identify and record it;
Amendment 214 #
2022/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Demands that the Member States end racial Recognises that all personal characteristics may be relevant for ethnic profiling in all forms, encompassing artificial intelligence (AI) tools and including in criminal law enforcement, counter-terrorism measures and immigration controls, and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authoritiee police and intelligence services in criminal law enforcement, counter-terrorism measures and immigration controls;
Amendment 216 #
2022/2005(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. DemandConsiders that the Member States endshould be allowed to rely on racial or ethnic profiling in allvarious forms, encompassing artificial intelligence (AI) tools and including in criminal law enforcement, counter-terrorism measures and immigration controls, and to officially recognise and combat practices of unlawful discrimination and violence through anti-racism and anti-bias training for the authorities;
Amendment 226 #
2022/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 229 #
2022/2005(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls on the Member States to monitor racial bias, including in AI datasets, in criminal justice, education systems and social services, and to take proactive steps to ensure equal justice ; points out that it is not only min order to improve relations between authorities and minority communities; calls, furthermore, for the creation of independent complaint mechanisms for all administrative, judiciary and executive branches of the state, in particular law enforcementities who are victims of racial bias;
Amendment 237 #
2022/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 238 #
2022/2005(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 247 #
2022/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 253 #
2022/2005(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Emphasises the need to ensure meaningful participation of all groups affecteat all groups are affected by discrimination and that ethnic background should bye intersectional discriminrrelevant for the purposes of participationg in policymaking at EU, national and local levels, especially racialised groups;
Amendment 261 #
2022/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Stresses the importance of collecting comparable and robust disaggregated equality data to document discrimination and to tackle inequadata relating to ethnic background as critical policy information, to allow the debate to be conducted and politcy holisticallycoordinated dispassionately in a factual manner, based on voluntary participation, self-identification and informed consent, while protecting anonymity and confidentiality, respecting the key principles of EU data protection legislation and fundamental rights and complying with national legislation; calls on the Commission to continue developing a common methodology on this with Member States in order to ensure the comparability, accuracy and reliability of the data collected; supports the FRA’s work on analysing this data and welcomes further developments in this field, in line with its new mandate;
Amendment 263 #
2022/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 264 #
2022/2005(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 276 #
2022/2005(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the importance of representation and diversity as a tool for the development of inclusive societies; recalls that the media have a responsibility to reflect societies in all their diversity, and regrets the current lack of diversity at all levelsrecalls that diversity diktats imposed on the media by the European Union are incompatible with the principles of a free media landscape; calls on the European Union, in the interests of media freedom and media pluralism, to refrain from interfering in the work of the media and from subjecting them to any kind of constraints as regards diversity; notes that the world was much more colourful when it did not have to be diverse;
Amendment 280 #
2022/2005(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Underlines the importance of representation and diversity as a tool for the development of inclusive societies; recalls that the media have a responsibility to reflect societies in all their diversity, and regrets the current lack of diversity at all levelsat competence should always take precedence over diversity characteristics at all levels; regrets the use of positive discrimination; stresses that discrimination based on any skin colour or background whatsoever contravenes the Charter of Fundamental Rights of the European Union;
Amendment 284 #
2022/2005(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 289 #
2022/2005(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Commission not to adopt concreteany legislative measures to strengthen the role and independence of equality bodies in Member States, as equality should be rejected in favour of equal rights;
Amendment 299 #
2022/2005(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for structural and institutionalised racism, discrimination and the underrepresentation of minoritiesStresses that, with regard to the selection of personnel within the structures of the European institutions, to be addressed and for the adoption of a workforce diversity and inclusion strategyhe principle of meritocratic appointment should apply and that this can lead to the overrepresentation or underrepresentation of certain social groups, without this being attributable to structural and institutionalised racism or discrimination;
Amendment 301 #
2022/2005(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls for structural and institutionalised racism, discrimination and the underrepresentation of minorities within the structures of the European institutions to be addressed and for the adoption of a workforce diversity and inclusion strategyReminds the Commission of the words of Martin Luther King; stresses that the nature of a person’s character should always take precedence over the colour of their skin; stresses that these words should serve as a guide for any policy intended to combat racism and discrimination;
Amendment 306 #
2022/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 311 #
2022/2005(INI)
15. WelcomesIs concerned about the Commission’s appointment of the first anti-racism coordinator in 2021 and the continuous re-appointment since 2015 of the coordinator on combating antisemitism and fostering Jewish life; but deplores that the position of anti-Muslim hatred coordinator has been left vacant since July 2021; stresses that the coordinator should treat all forms of discrimination seriously and in an apolitical manner;
Amendment 326 #
2022/2005(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 334 #
2022/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 335 #
2022/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 62 #
2022/0117(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Human rights defenders also play an important role in European democracies, especially in upholding fundamental rights, democratic values, social inclusion, environmental protection and the rule of law. They should be able to participate actively in public life and make their voice heard on policy matters and in decision-making processes without fear of intimidation. Human rights defenders refer to individuals or organisations engaged in defending fundamental rights and a variety of other rights, such as environmental and climate rights, women’s rights, LGBTIQ rights, the rights of the people with a minority racial or ethnic background, labour rights or religious freedoms. Other participants in public debate, such as academics and researchers, also deserve adequate protection.
Amendment 245 #
2022/0066(COD)
Proposal for a directive
Recital 5
Recital 5
(5) The measures under this Directive have been designed to address the specific needs of women and girls, given that they are disproportionately affected by the forms of violence covered under this Directive, namely violence against women and domestic violence. This Directive, however, acknowledges that other persons may also fall victim to these forms of violence and should benefit from the measures provided for therein. Therefore, the term ‘victim’ should refer to all persons, regardless of their sex or gender.
Amendment 252 #
2022/0066(COD)
Proposal for a directive
Recital 7
Recital 7
Amendment 284 #
2022/0066(COD)
Proposal for a directive
Recital 11
Recital 11
Amendment 341 #
2022/0066(COD)
Proposal for a directive
Recital 16
Recital 16
(16) In order to address the irreparable and lifelong damage female genital mutilation has on victims, this offence should be specifically and adequately addressed in the criminal laws. Female genital mutilation is an exploitative practice that pertains to the sexual organs of a girl or a woman and that is performed for the purpose of preserving and asserting domination over women and girls and exerting social control over girls and women’s sexuality. It is sometimes performed in the context of child forced marriage or domestic violence. Female genital mutilation may occur as a traditional practice which some communities perform on their female memberMuslim- dominated communities in particular perform on their female members and which is on the increase in Europe as a result of immigration from Muslim- dominated areas. It should cover practices undertaken for non-medical reasons. The term “excising” should refer to the partial or total removal of the clitoris and the labia majora. “Infibulating” should cover the closure of the labia majora by partially sewing together the outer lips of the vulva in order to narrow the vaginal opening. The term “performing any other mutilation” should refer to all other physical alterations of the female genitals.
Amendment 392 #
2022/0066(COD)
Proposal for a directive
Recital 22
Recital 22
(22) The increase in internet and social media usage has led to a sharp rise in public incitement to violence and hatred, including based on sex or gender, over the past years. The easy, fast and broad sharing of hate speech through the digital word is reinforced by the online disinhibition effect, as the presumed anonymity on the internet and sense of impunity reduce people’s inhibition to engage in such speech. Women are often the target of sexist and misogynous hate online, which can escalate into hate crime offline. This needs to be intercepted at an early stage. The language used in this type of incitement does not always directly refer to the sex or gender of the targeted person(s), but the biased motivation can be inferred from the overall content or context of the incitement.
Amendment 730 #
2022/0066(COD)
Proposal for a directive
Article 4 – paragraph 1 – point c
Article 4 – paragraph 1 – point c
(c) “victim” means any person, regardless of sex or gender, unless specified otherwise, who has suffered harm, which was directly caused by acts of violence covered under this Directive, including child witnesses of such violence;
Amendment 8 #
Amendment 9 #
Amendment 11 #
2022/0031(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Regulation (EU) 2021/953 of the European Parliament and of the Council1 lays down a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) for the purpose of facilitating the holders’ exercise of their right to free movement during the COVID- 19 pandemic, even though there have been operational issues with the digital certificate that have reduced its effectiveness, particularly involving fraudulent use of secret cryptographic keys. It is also to contribute to facilitating the gradual lifting of restrictions to free movement put in place by the Member States, in accordance with Union law, to limit the spread of SARS- CoV-2, in a coordinated manner. _________________ 1 Regulation (EU) 2021/953 of the European Parliament and of the Council of 14 June 2021 on a framework for the issuance, verification and acceptance of interoperable COVID-19 vaccination, test and recovery certificates (EU Digital COVID Certificate) to facilitate free movement during the COVID-19 pandemic, OJ L 211, 15.6.2021, p. 1.
Amendment 16 #
2022/0031(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) According to Regulation (EU) 2021/953, test certificates are to be issued based on two types of tests for SARS-CoV- 2 infection, namely molecular nucleic acid amplification tests (‘NAAT’), including those using reverse transcription polymerase chain reaction (‘RT-PCR’), and rapid antigen tests, which rely on detection of viral proteins (antigens) using a lateral flow immunoassay that gives results in less than 30 minutes, provided they are carried out by health professionals or by skilled testing personnel. However, Regulation (EU) 2021/953 does not cover antigenic assays, such as enzyme-linked immunosorbent assays or automated immunoassays, which test for antigens in a laboratory setting. As of July 2021, the technical working group on COVID-19 diagnostic tests2, responsible for preparing updates to the common list of COVID-19 rapid antigen tests3 agreed by the Health Security Committee established by Article 17 of Decision No 1082/2013/EU of the European Parliament and of the Council4, also reviews proposals put forward by Member States and manufacturers for COVID-19 laboratory- based antigenic assays. Those proposals are assessed against the same criteria as those used for rapid antigen tests, and the Health Security Committee has established a list of the laboratory-based antigenic assays that meet those criteria. As a result, and in an effort to enlarge the scope of the different types of diagnostic tests that may be used as the basis for the issuance of an EU Digital COVID Certificate, the definition for rapid antigen tests should be adapted to include laboratory-based antigenic assays. Tests confirming the presence of COVID-19 antibodies should also enable a Digital COVID Certificate to be obtained for a renewable period of 90 days in order to facilitate free movement, as is the case in Switzerland, a member of the Schengen Area. It should thus be possible for Member States to issue test certificates on the basis of the antigen tests included in the EU common list agreed, and regularly updated, by the Health Security Committee as meeting the established quality criteria. _________________ 2 https://ec.europa.eu/health/health- security-and-infectious-diseases/crisis- management/covid-19-diagnostic-tests_en 3 https://ec.europa.eu/health/system/files/202 2-01/covid-19_rat_common-list_en.pdf 4 Decision No 1082/2013/EU of the European Parliament and of the Council of 22 October 2013 on serious cross-border threats to health and repealing Decision No 2119/98/EC (OJ L 293, 5.11.2013, p. 1).
Amendment 17 #
2022/0031(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Notes a blind spot in the application of Regulation (EU) 2021/953 regarding the validity period of the COVID certificate after the booster dose (3rd dose).
Amendment 18 #
2022/0031(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In particular in light of the emergence of new SARS-CoV-2 variants of concern, the continued development and study of COVID-19 vaccines and drug treatments is a crucial aspect in the fight against the COVID-19 pandemic. In this context, it is important to facilitate the participation of volunteers in clinical trials, that is, studies performed to investigate the safety or efficacy of a medicine, such as a COVID-19 vaccine or drug treatment. Clinical research plays a fundamental role in the development of vaccines and treatments, and voluntary participation in clinical trials should therefore be encouraged. Depriving vaccine trial volunteers from access to EU Digital COVID Certificates could constitute a major disincentive to participate, delaying the conclusion of clinical trials and negatively impacting public health more generally. In addition, the integrity of clinical trials, including in terms of data blinding and confidentiality, should be preserved to ensure the validity of their results. It should thus be clarified that Member States may issue EU Digital COVID Certificates to participants in clinical trials that have been approved by Member States’ ethical committees and competent authorities, regardless whether they have received the COVID-19 vaccine candidate or, to avoid undermining the studies, the dose administered to the control group. In addition, it should be clarified that other Member States may accept vaccination certificates for COVID- 19 vaccines undergoing clinical trials in order to waive restrictions to free movement put in place, in accordance with Union law, in response to the COVID-19 pandemic. If a COVID-19 vaccine undergoing clinical trials is subsequently granted a marketing authorisation pursuant to Regulation (EC) No 726/20045, vaccination certificates for that vaccine fall, as of that moment, within the scope of the first subparagraph of Article 5(5) of Regulation (EU) 2021/953. To ensure a coherent approach, the Commission should be empowered to ask the Health Security Committee, the European Centre for Disease Prevention and Control (ECDC) or the European Medicines Agency (EMA) to issue guidance with regards to the acceptance of certificates issued for a COVID-19 vaccine undergoing clinical trials that has not yet received a marketing authorisation, which should take into account the ethical and scientific criteria necessary for carrying out clinical trials. It would, however, be irresponsible if volunteers who have participated in clinical trials, whose certificate is deactivated due to non-authorisation of the trialled vaccine, were forced to be re- vaccinated with an authorised product whose possible short-, medium- or long- term interactions with the trialled vaccine have not been evaluated, particularly given the proximity in time of the vaccine administration. Following the precautionary principle, their certificates should therefore be valid for life. _________________ 5 Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (OJ L 136, 30.4.2004, p. 1).
Amendment 23 #
2022/0031(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) Since the adoption of Regulation (EU) 2021/953, the epidemiological situation with regard to the COVID-19 pandemic has evolved considerably. On the one hand, by 31 January 2022, more than 80% of the adult population in the Union have completed their primary vaccination cycle, and more than 50% have received a booster dose, despite significant differences between Member States6. Increasing vaccine uptake remains a crucial objective in the fight against the pandemic, given the increased protection against hospitalisation and severe disease afforded by vaccination, and thus plays an important role in ensuring that restrictions to the free movement of persons can be lifted. It would be appropriate to review the legitimacy of the COVID Certificate in the light of the number of vaccinated people in the EU and the lower risk presented by the new variants, as restricting the free movement of persons within the Union should remain an exception. _________________ 6 https://vaccinetracker.ecdc.europa.eu/publi c/extensions/COVID-19/vaccine- tracker.html
Amendment 25 #
2022/0031(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) On the other hand, the spread of the SARS-CoV-2 variant of concern ‘Delta’ in the second half of 2021 caused an increase in the number of infections, hospitalisation and deaths, requiring Member States to adopt strict public health measures in an effort to protect healthcare system capacity, which is often under pressure as a result of budget cuts due mainly to austerity policies, promoted by the European Commission in its recommendations to Member States as part of the European Semester. In early 2022, the SARS-CoV-2 variant of concern ‘Omicron’ caused sharp increases in the number of COVID-19 cases, rapidly replacing Delta and reaching an unprecedented intensity of community transmission across the Union. As noted by ECDC in its Rapid Risk Assessment of 27 January 20227, Omicron infections appear less likely to lead to a severe clinical outcome that requires hospitalisation or admission to intensive care units, and notes that some Member States have decided to consider COVID- 19 an endemic disease. Although the reduction in severity is partially due to inherent characteristics of the virus, results from vaccine effectiveness studies have shown that vaccination plays a significant role in preventing severe clinical outcomes from Omicron infection, with effectiveness against severe illness increasing significantly among people having received three vaccine doses. However, the vaccine’s efficacy against infectiousness has proven to be limited. Furthermore, given the very high levels of community transmission, leading to many people being sick at the same time, Member States are likely to undergo a period of substantial pressure on their healthcare systems and on the functioning of the society as a whole, mainly through absence from work and education. Member States should therefore be encouraged to maintain or increase their budgetary provisions such that the number of hospital beds is at least equal to the number prior to the pandemic. In the light of the shortage of healthcare workers, Member States should exempt such workers from the obligation to be vaccinated, since vaccination has been shown not to prevent transmission. _________________ 7 https://www.ecdc.europa.eu/sites/default/fil es/documents/RRA-19th%20update-27- jan-2022.pdf
Amendment 27 #
2022/0031(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) After a peak in Omicron cases, a high proportion of the population is expected to enjoy, at least for a certain period, protection from COVID-19 either due to vaccination or prior infection, or both. However, it is not possible to predict the impact of a possible increase in infections in the second half of 2022. In addition, the possibility of a worsening, or not, of the pandemic situation because of the emergence, or non-emergence, of new SARS-CoV-2 variants of concern cannot be ruled out. As also noted by ECDC, significant uncertainties remain at this stage of the COVID-19 pandemicregarding the evolution of COVID-19.
Amendment 31 #
2022/0031(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) As a result, it cannot be excluded that Member States continue to require Union citizens exercising their right to free movement to present proof of COVID-19 vaccination, test or recovery beyond 30 June 2022, the date when Regulation (EU) 2021/953 is set to expire. It is thus important to avoid that, in the event that certain restrictions to free movement based on public health are still in place after 30 June 2022, Union citizens and their family members are deprived of the possibility to make use of their EU Digital COVID Certificates, which are an effective, secure and privacy-preserving way of proving one’s COVID-19 status. At the same time, given that any restrictions to the free movement of persons within the Union put in place to limit the spread of SARS-CoV- 2, including the requirement to present EU Digital COVID Certificates, should be lifted as soon as the epidemiological situation allows, the extension of the application of Regulation (EU) 2021/953 should be limited to 123 months. In addition, the extension of that Regulation should not be understood as requiring Member States, in particular those thatMember States should lift domestic public health measures, to maintain or impose free movement restrictions. The power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union delegated to the Commission pursuant to Regulation (EU) 2021/953 should be equally extended. It is necessary to ensure that the EU Digital COVID Certificate system can adapt to scientific progress in containing the COVID-19 pandemichat restrict freedoms. It is necessary to ensure that the EU Digital COVID Certificate system is a tool to be used only in exceptional circumstances and is not to be used permanently.
Amendment 47 #
2022/0031(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 2 – point a – point i
Article premier – paragraph 1 – point 2 – point a – point i
Regulation (EU) 2021/953
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) a certificate confirming that the holder has been subject to a NAAT test, or an antigen test listed in the EU common list of COVID-19 antigen tests agreed by the Health Security Committee, or an immunological test showing the presence of antibodies, carried out by health professionals or by skilled testing personnel in the Member State issuing the certificate and indicating the type of test, the date on which it was carried out and the result of the test (test certificate);
Amendment 60 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 – point –a (new)
Article 1 – paragraph 1 – point 5 – point –a (new)
Regulation (EU) 2021/953
Article 7 – paragraph 1
Article 7 – paragraph 1
(-a) In Article 7, paragraph 1 is replaced by the following: "1. Each Member State shall issue, upon request, certificates of recovery referred to in point (c) of Article 3(1) following a positive result of a NAAT test carried out by health professionals or by skilled testing personnel. A Member State may also issue, upon request, certificates of recovery referred to in point (c) of Article 3(1) following a positive result of a rapid antigen test listed in the EU common list of COVID-19 antigen tests agreed by the Health Security Committee carried out by health professionals or by skilled testing personnel. Member States may issue certificates of recovery based on rapid antigen tests carried out by health professionals or by skilled testing personnel on or after 1 October 2021, provided that the rapid antigen test used was included in the EU common list of COVID-19 antigen tests agreed by the Health Security Committee at the time the positive test result was produced. A Member State may also issue certificates of recovery referred to in point (c) of Article 3(1) following a positive result of an antibody test carried out by health professionals or by skilled testing personnel, provided that the antibody test used was included in the EU common list of COVID-19 antibody tests agreed by the Health Security Committee at the time the positive test result was produced. Certificates of recovery shall be issued at the earliest 11 days after the date on which a person was first subject to a NAAT test or rapid antigen test that produced a positive result, or the day after the date on which a person was subject to an antibody test that produced a positive result. The Commission is empowered to adopt delegated acts in accordance with Article 12 to amend the number of days after which a certificate of recovery is to be issued, on the basis of guidance received from the Health Security Committee in accordance with Article 3(11) or on scientific evidence reviewed by ECDC."
Amendment 68 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)
Article 1 – paragraph 1 – point 5 d (new)
Regulation (EU) 2021/953
Article 11 – paragraph 4 a (new)
Article 11 – paragraph 4 a (new)
(5d) In Article 11, the following paragraph is added: “4a. Member States shall not make use of the EU Digital COVID Certificate as a tool to implement domestic restrictions.”;
Amendment 70 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EU) 2021/953
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 76 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 e (new)
Article 1 – paragraph 1 – point 7 e (new)
Regulation (EU) 2021/953
Article 16 – paragraph 3 (new)
Article 16 – paragraph 3 (new)
Amendment 82 #
2022/0031(COD)
Proposal for a regulation
Article premier – paragraph 1 – point 8
Article premier – paragraph 1 – point 8
Regulation (EU) 2021/953
Article 17 – paragraph 2
Article 17 – paragraph 2
It shall apply from 1 July 2021 to 30 June 20232.;
Amendment 1 #
Amendment 5 #
2021/2180(INI)
Motion for a resolution
Citation 13
Citation 13
Amendment 8 #
2021/2180(INI)
Motion for a resolution
Citation 14
Citation 14
Amendment 10 #
2021/2180(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 13 #
2021/2180(INI)
Motion for a resolution
Citation 17
Citation 17
Amendment 15 #
2021/2180(INI)
Motion for a resolution
Citation 18
Citation 18
Amendment 18 #
2021/2180(INI)
Motion for a resolution
Citation 19
Citation 19
Amendment 25 #
2021/2180(INI)
Motion for a resolution
Citation 24
Citation 24
Amendment 29 #
2021/2180(INI)
Motion for a resolution
Citation 25
Citation 25
Amendment 34 #
2021/2180(INI)
Motion for a resolution
Citation 28
Citation 28
Amendment 52 #
2021/2180(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the EU conception of the rule of law is based, within EU law, on Article 2 of the Treaty on European Union (TEU), which lists the rule of law as one of the founding principles of the Union, equally ranked with human dignity, freedom, democracy, equality, and respect for human rights, but not identical to these other founding principles;
Amendment 54 #
2021/2180(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas Article 5 TEU states that the EU may only exercise those powers conferred upon it in the Treaties by the Member States and that any powers not so conferred remain with the Member States;
Amendment 63 #
2021/2180(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the annual rule of law review cycle is a welcome addicommon understanding of the EU conception tof the tools available to preserve the Article 2 TEU values by addressing the situation in all EU Member States in a report based on four pillars with a direct bearing on respect for the rule of law; rule of law has evolved into a concept sui generis, which has not much to do with either the principle of ‘state rule through law’ or the traditional principle of the rule of law as found in Common law;
Amendment 67 #
2021/2180(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the Commission seeks on the one hand to bind the Member States to EU law, as under the ‘state rule through law’, putting the Union hierarchically above the Member States, while on the other hand it seeks to replace the traditional content of the rule of law by constructing an artificial and likewise unhistorical set of values and principles;
Amendment 74 #
2021/2180(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Commission uses the EU conception of the rule of law against Member States that do not subscribe to the set of values and principles it has constructed; whereas the Commission is instrumentalising the rule-of-law conditionality mechanism against Poland, Hungary and other states which insist on the supremacy of their traditional values and own, yet equally legitimate, acceptation of the rule of law; whereas this mechanism is a powerful political coercion tool that poses a potential threat to all Member States;
Amendment 83 #
2021/2180(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is necessary to strengthethe rise in anti-semitism and any loss of woman’s rights in the Union cand streamline existing mechanisms and to develop an effective EU mechanism on democracy, the rule of law and fundamental rights to ensure that Article 2 TEU values are be linked to an increase in the Islamisation of some Member States; notes that this is a catastrophic by-product of mass-immigration by third country nationals who have no intention of embracing or upheold throughout the Unioning European values;
Amendment 88 #
2021/2180(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas the rule-of-law conditionality mechanism is applied unequally as there are a number of Member States which have institutional procedures and state action in place that contradict the traditional understanding of the rule of law; whereas the governing coalitions have the power to appoint Supreme Court judges in Germany; whereas a former deputy chairman of the CDU/CSU parliamentary group in the German Bundestag was elected to the Federal Constitutional Court, over which he is now presiding; whereas home affairs ministers in Germany have the power to order state attorneys to commence and cease criminal proceedings; whereas the German Government removed from his post the former President of the Federal Office for the Protection of the Constitution as he was unwilling to launch a surveillance procedure against Germany’s biggest opposition party; whereas, without delay, his replacement began working towards the launching of such a procedure immediately after taking office; whereas German Courts have already twice deemed such action a violation of the law; whereas the persecution of this opposition party is clearly politically motivated, as shown by the effort to stigmatise it ahead of a series of important regional elections and the Federal elections in the early autumn;
Amendment 97 #
2021/2180(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas it is obvious that the Commission is not addressing violations of the rule of law equally; whereas the delay in the adoption of the Guidelines for the Rule of Law Mechanism demonstrates that the Commission is putting political considerations in the Council above EU law by which the Commission is bound;
Amendment 104 #
2021/2180(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas the Commission is nowadays a politicised Commission; whereas the Treaties designate the Commission as the Guardian of the Treaties; whereas a politicised Commission cannot be trusted to apply the law equally;
Amendment 113 #
2021/2180(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the Commission’s second annual rule of law report; regrets the fact that the Commission did not address in full the recommendations made by Parliament in its resolution of 24 June 2021 on the Commission’s 2020 Rrule of the law in the Member States, most of which are deeply rooted in the Western legal tradition in which the rule of law has thrived; respects the national deviations of the general concept of the rule of law as evidenced by the vastly differing legal traditions in the Member States; recalls that the concept of rule of Llaw Report; considers that these recommendatcannot be construed as the Commission’s remain valid and reiterates themsubjective interpretation and application of the law;
Amendment 118 #
2021/2180(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
Amendment 132 #
2021/2180(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the fact that the funcCommission's search for a lean definitioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extthe rule of law by stating the key principles of legality, legal certainty, prohibition of the arbitrary exercise of executive power, effective judicial protection by independent, are all part of the Commission’s annual report; regrets, however, that not all rule of law issues were covered in sufficient detail in the 2021 report; calls for the inclusion in the annual report of other important elements of the Venice Commission’s 2016 Rule of Law Checklist; believes that civic space deserves a separate subheading in the report; nd impartial courts respecting fundamental rights in full, the separation of powers, permanent subjection of public authorities to established laws and procedures, and equality before the law; regrets however that the Commission defines the scope of the 2021 Rule of Law report in a way that does not follow the criteria of its own lean definition, such as anti-corruption, media pluralism and civic space;
Amendment 158 #
2021/2180(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the fact thatNotes that while all Member States are said to be scrutinised according to the same indicators and methodology; emphasises that presenting deficiencies or breaches of a different nature or intensity risks trivialising the most serious breaches of the rule of law; urges the Commission to differentiate its reporting by distinguishing between systemic breaches of the rule of law and isolated breaches, there is an observable gap between the stated goal and the reality;
Amendment 170 #
2021/2180(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. RegretNotes the fact that the report fails to clearly recognise theany deliberate process of the rule of law backsliding in Poland and Hungary; calls on the Commission to make clear that when the Article 2 TEU values are being deliberately, gravely, permanently and systematically violated over a period of time, Member States could fail to fulfil all the criteria that define a democracy and become authoritarian regimes;
Amendment 181 #
2021/2180(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets the fact that several Member States, in particular Hungary and Poland, had to be mentioned several times by the Commission as points of concern in the synthesis report; recalls that since June 2021 Parliament has also addressed the rule of law situation in Hungary, Poland and Slovenia in its plenary resolutions; further recalls that Parliament’s Committee on Civil Liberties, Justice and Home Affairs’ Democracy, Rule of Law and Fundamental Rights Monitoring Group has also addressed similar issues in Bulgaria, Greece, Malta, Slovakia and Slovenia, but has ignored far greater breaches in Germany;
Amendment 222 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 241 #
2021/2180(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines its concern at the fact that women and people in vulnerable situations, including persons with disabilities, children, religious minorities, particularly at a time of rising antisemitism and anti-Muslim hatred in Europe, Romani people and other persons belonging to ethnic and linguistic minorities, migrants, asylum seekers, refugees, LGBTI+ persons and elderly people, continue to see their rights not being fully respected across the Union; emphasises the obvious link between deteriorating rule of law standards and violations of fundamental rights and minority rightscontinue to see their rights not being fully respected across the Union;
Amendment 266 #
2021/2180(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, national human rights institutions, ombudspersons, equality bodies, professional associations and other stakeholders; considers that civil society organisations should be closely involved in all phases of the review cycle; highlights that thematically structured consultations would make the process more efficient and increase the amount of valuable feedback; stresses that the consultation questionnaire should allow stakeholders to report aspects beyond the scope envisaged by the Commission;
Amendment 275 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Considers that the time limits for consultation with civil society is often too short and should be suitably adapted and flexible in order to allow for complete and comprehensive input; points out that this has made it more difficult for stakeholders to prepare and plan their contributions and awareness-raising activities, in particular if the consultation coincides with winter holidays; calls on the Commission to allow multilingual submissions; notes that consultation can be improved by ensuring follow-up with civil society actors on the input they provide;
Amendment 289 #
2021/2180(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the Commission must take into account relevant information from pertinent sources and recognised institutions; recalls that the findings of relevant international bodies, such as those under the auspices of the UN, the OSCE and the Council of Europe, are of crucial importance; believes that EFRIS is a useful source of information in this regard;
Amendment 294 #
2021/2180(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to invite the EU Agency for Fundamental Rights (FRA) to provideensure it has the best methodological advpractices and conduct comparative research to add detail in key areas of the annual report, bearing in mind that the right to a fair trial, freedom of expression and other fundamental rights have intrinsic links with the rule of law;
Amendment 304 #
2021/2180(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that cooperation with the Council of Europe and other international organisationbetween Member States is of particular relevance for advancing democracy, the rule of law and fundamental rights in the EU; calls on the Commission to analyse systematically data on non-compliance with judgments of the European Court of Human Rights and views of the UN Treaty Bodies concerning individual communications; urges the Commission to uphold its own rules in the area of transparency, anti- corruption and justice;
Amendment 310 #
2021/2180(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 319 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 324 #
2021/2180(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to explore the full potential of developingclosing down of the FRA in accordance with principles relating to the status and functioning of national institutions for the protection and promotion of human rights (the Paris Principles) in order for it to become a fully independent body providing impartial and publicly available positions on country- specific situations in the field of democracy, the rule of law and fundamental rights; underlines that such development should go hand in hand with an increase in availableto save €x million in available taxpayer resources;
Amendment 332 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates that the annual report should serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU,jects the rule-of-law conditionality mechanism; considers Regulation (EU, Euratom)2020/2092 on the Rrule of Llaw Conditionality Regua violation, of the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regarding non-implementationunanimity principle enshrined in Article 7 TEU and therefore a breach of CJEU judgments; calls on the institutiolaw; expects the lawsuits brought against to activate such tools without delayhe Regulation to be successful;
Amendment 346 #
2021/2180(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. RecallNotes that infringement procedures are the core instrument to protect and defend EU law the Commission has evolved into a political player rather thand the common values enshrined in Article 2 TEU; notes with concernGuardian of the Treaties; underlines that the nuMember of infringement procedures launched by the Commission has plummeted since 2004; is surprised byStates are, and should remain, the Masters of the Treaties; considers that the Commission has unhealthily outgrown the role it was assigned by the Treaties; hence notes that the fact that infringement procedures are not triggered systematically as soon as the relevant infringement is documented in the annual report; deplores the Commission’s reluctance to exhaust the possibilities of infringement procedures against Member States as the instrument most tailored to resolve the issues efficiently and without delay; notes that this reluctance resulted in calls on Member States to initiate inter- State cases in accordance with Article 259 TFEU; is concerned that without systematic and tim is due to the politicised and therefore partial Commission; calls on applying the mechanism of the annual rule of law report on the Commission first and to suspend its application on the Member States until this has been done in a proper way; recalls in this context as examples for possible violations of the rule of law at Union level the alleged partiality of the European courts in certain issues, the breach of Union law by setting up the NGEU, as welyl applics the violation of the preventive capacity of infringement procedures declinesohibition of monetary financing according to Article 123 TFEU;
Amendment 359 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance of the Rule of Law Conditionality Regulation where breaches of the principles of the rule of law affect or seriously risk affecting the sound financial management of the Union budget or the protection of the financial interests of the Union; considers that the annual report is the most appropriate place to have a dedicated section and conduct a relevant analysis; urges the Commission to launch the procedure enshrined in Article 6(1) of that regulation at least in the cases of Poland and Hungary; calls on the Commission to explore the full potential of the Common Provisions Regulation and the Financial Regulation to protect the rule law;
Amendment 367 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 296 #
2021/2179(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that the full potential of the social economy sector for addressing socio-economic challenges requires a clear identification of social priorities by public authorities; highlights that social economy projects do generally require a close partnership with public entities, and calls therefore on the Commission and Member States to develop, within the macro- economic governance framework provided at EU level, a social investment strategy where social priorities are clearly identified and which can provide a framework for cooperation between public authorities and social economy organisations;
Amendment 5 #
2021/2170(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the ‘at-risk-of-poverty rate’ is the main indicator used by the EU to measure poverty; whereas, according to the EU’s definition, an individual is deemed at risk of poverty if their net monthly income is below the average for all households;
Amendment 61 #
2021/2170(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Calls for an overarching European anti-poverty strategy, with ambitious targets for reducing poverty and a focus on breaking the intergenerational cycle ofNotes that the EU uses the ‘at- risk-of-poverty rate’ as an indicator to measure progress in reducing poverty; points out that this indicator measures income inequality rather than poverty; calls on the EU to use an alternative indicator instead of the misleading ‘at- risk-of-poverty rate’ so that assistance and help can better be proverty riskided to the truly poor in the EU Member States;
Amendment 81 #
2021/2170(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls on the Commission and the Member States to reduce the burden of women by ensuring affordable and quality care and services for people with disabilities, the elderly and other dependants; calls on the Commission and the Member States to adequately fund public services and social infrastructure, as this would allow more women to participate in the labour market and would also contribute to reducing the risk of women falling into poverty;
Amendment 119 #
2021/2170(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the Commission and the Member States to submit initiatives to promote women’s empowerment through education, vocational training and lifelong learning, as well as access to finance, female entrepreneurship and women’s representation in future-oriented sectors with a view to ensuring access to high- quality employment; calls on the Member States to expand and improve childcare provision so that women are more employable on the job market and increasing numbers of women are employed in more highly paid full-time jobs; calls for greater promotion of STEM subjects, digital education, artificial intelligence and financial literacy in order to ensure that more women enter these sectors and contribute to their development.
Amendment 39 #
2021/2098(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the COVID-19 pandemic has, in particular the overzealous response from governments to the pandemic, have disproportionately affected the mental well-being of those facing financial uncertainty, as well as of vulnerable populations, including ethnic minorities, the LGBTI+ community, the elderly, persons with disabilities and young people;
Amendment 90 #
2021/2098(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Believes that excessive COVID-19 restrictions from the EU and national governments have contributed significantly to the deterioration of mental wellbeing in the workplace; considers, in particular, that vaccination requirements to maintain gainful employment in some Member States is both immoral and unjustified and has undoubtedly exacerbated the mental wellbeing of unvaccinated employees;
Amendment 107 #
2021/2098(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 120 #
2021/2098(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Recalls that the pandemic demonstrated the need for coordinatedweakness of EU-level action to respond to health emergencies, revealing shortcomings in foresight, including in preparedness and response tools;
Amendment 165 #
2021/2098(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Considers that the right to disconnect essentialis one measure to ensuringe the mental well-being of employees; reiterates its calls onthat the Commission to propose legislation requiring line managers to set minimum requirements for remote workingright to disconnect can be and is, regulated by national governments and therefore rejects any interference from the Commission on the competences of a Member State;
Amendment 197 #
2021/2098(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Believes that the measures to encourage improvements in the safety and health of workers are not effective for the assessment and management of psychosocial risks; calls on the Commission to recognise anxiety, depression and burnout as occupational diseases, to establish mechanisms for their prevention and the reintegration into the workplace of those affected and to move from individual-level actions to a work organisation approach16 ; __________________ 16 European Agency for Safety and Health at Work (2021), Telework and health risks in the context of the covidovid-19 pandemic: evidence from the field and policy implications, 2021.Calls on the Member States to tackle anxiety, depression and burnout in the workplace;
Amendment 206 #
2021/2098(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Considers that mental health issues are sometimes misused by employees to justify being granted extended periods of leave, to excuse workplace misbehaviour and to evade dismissal from the workplace; acknowledges that such examples can be costly for businesses and sometimes affect the mental wellbeing of fellow colleagues; considers that caution must be taken to distinguish between genuine mental health issues and those who seek to use it as an excuse;
Amendment 124 #
2021/2062(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that well-designed labour taxation systems are essential to ensuring high standards of worker protection against risks and illness, and the provision of old age pensions; believes that tax systems should focus on taxing high- income, and especially high-wealth, properlabour taxation and social security, capital income and gains, and wealth at the same level as labour income in order to make the systems fairer, to reduce inequalities and to significantly increase the revenue; stresses that this revenue could be used to fund key priorities and help address Member States’ fiscal challenges, and contribute to the long-term sustainability of public finaontributions, particularly in Western Europe, are far too high; recognises that the EU has very limited competences, including by strengthening the coverage, adequacy of health and social protection systems for all, and ensuring their long-term funding the field of taxation;
Amendment 137 #
2021/2062(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights the importance of integrating sustainable well-beingtransparency and accountability in the EU budgetary planning;
Amendment 152 #
2021/2062(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 189 #
2021/2062(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Acknowledges that the Member States are projected to reach their pre-crisis level of quarterly output by the end of 2022; warns that for the recovery to be sustainable, it isconsiders it essential that quality jobs are also created for medium- and low- skilled workers and especially for women, as it has been proved that they are essential for the resilience of our societies and economies;
Amendment 213 #
2021/2062(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that if the EU wants to lead global sustainable recovery, millions of well-paying jobs must be created, including for medium- and low-skilled workers, so that everyone has the opportunity to contribute to the common European project; insists that more investment is needed in research, and innovation, and zero carbon technologies;
Amendment 230 #
2021/2062(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Warns that only country-specific recommendations (CSRs) that contribute to the social objectives established in the RRF Regulation can be taken into account inRecognises that the implementation of national recovery and resilience plans (NRRPs), andre that for NRRPs CSRs have to be interpreted in a way that contributes to the achievement of the Regulation’s social objectives; demands a revision of the CSRs in order to ensure responsibility of the Member States; believes that Member States should first and foremost prioritise ecoherence between them and the general and specific objectives of the RRF Regulationnomic recovery as a strong economy is integral to achieving social progress;
Amendment 239 #
2021/2062(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 6 #
2021/2035(INL)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
– having regard to Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA1a, _________________ 1a OJ L 315, 14.11.2012, p. 57–73
Amendment 24 #
2021/2035(INL)
Motion for a resolution
Citation 13 a (new)
Citation 13 a (new)
– having regard to its resolution of 8 October 2013 on Gendercide: the missing women? 1a _________________ 1aOJ C181, 19.5.2016, p. 21–28
Amendment 26 #
2021/2035(INL)
Motion for a resolution
Citation 14
Citation 14
Amendment 56 #
2021/2035(INL)
Motion for a resolution
Recital B
Recital B
B. whereas, pursuant to the third subparagraph of Article 83(1) of the Treaty on the Functioning of the European Union (TFEU) on the basis of developments in crime, the Council may adopt a decision identifying other areas of crime that meet the criteria specified in that paragraphparticularly serious crime with a cross-border dimension resulting from the nature or impact of such offences or from a special need to combat them on a common basis;
Amendment 72 #
2021/2035(INL)
Motion for a resolution
Recital C
Recital C
C. whereas gender-based violence is violence directed against womea person because they are women and it affects women disproportionately; whereas LGBTI persons are also victims of gender-based violence because of their gender, gender identity, gender expression and sex characteristics; whereas gender-based violence is rooted in gender stereotypes, patriarchal structures and power asymmetries;of their gender; whereas both women and men experience gender-based violence but the majority of victims are women and girls1a; _________________ 1aAccording to the definition provided by the European Institute for Gender Equality
Amendment 88 #
2021/2035(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the European Institute for Gender Equality defines femicide as the killing of women and girls because of their gender, either in the womb or outside the womb due to gender-based sex selection foeticide;
Amendment 90 #
2021/2035(INL)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas putting women at the crossroads between their possible desire to start a family and their career ambitions also constitutes a form of gender-based violence;
Amendment 93 #
2021/2035(INL)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Db. whereas, despite legislation against sex-selective practices, girls are to a disproportionate degree the target of ruthless sexual discrimination, often extended to include unborn, predetermined baby girl foetuses, which are aborted, abandoned or killed, for no other reason than the fact that they are female1a; _________________ 1a OJ C181, 19.5.2016, p. 21–28
Amendment 133 #
2021/2035(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Condemns all forms of violence against all human beings, with particular attention to women and girls and other forms of gender-based violence, such as violence against LGBTI persons, and deplores the fact that women and girls continue to be exposed to psychological, physical, sexual and economic violence, including sexual exploitation, surrogate motherhood and trafficking in human beings, both online and offline;
Amendment 155 #
2021/2035(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Stresses that violence against women and other forms of gender-based violence are the result of the unequal distribution of power, patriarchal structures, and gender stereotypes, that have led to domination over and discrimination against women by men; underlines that this situation is aggravated bycultural, economic and legal factors, as lack of education, hypersexualization of young people, lack of economic autonomy and high women unemployment rates resulting in social and economic inequalities;
Amendment 182 #
2021/2035(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 197 #
2021/2035(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Denounces the fact that the combat against gender-based violence is negatively affected by the attack on women’s rights and gender equality; condemns the actions of anti-gender and anti-women movements in Europe and worldwide that aim to overturn existing laws on women’s rights and LGBTI+ rights;
Amendment 205 #
2021/2035(INL)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights that pro-family, pro- women and pro-life organizations should be protected from political attacks identifying them as anti-gender and anti- women; and that gender-based violence should never be used to threaten fundamental freedoms as the ones of speech and thought;
Amendment 217 #
2021/2035(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Insists on actions to prevent gender- based violence by addressing the underlying causes, including counteracting sexism, gender stereotypes and patriarchal values; underlines the need for gender equality to have a central place in education and the need for; underlines the need for gender equality awareness- raising campaigns;
Amendment 223 #
2021/2035(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that gender-based violence may not be addressed by antagonizing men and women, but rather by promoting their complementarity and the alliance between men and women;
Amendment 251 #
2021/2035(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 259 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Asserts that, when implementing the specific clauses on the prohibition on coercion or compulsion in sexual and reproductive health matters agreed on at the Cairo International Conference on Population and Development, as well as the legally binding international human rights instruments, the acquis communautaire and the Union’s policy competencies in those matters, Union assistance should not be provided to any authority, organisation or programme which promotes, supports or participates in the management of any action which involves such human rights abuses as coercive abortion, forced sterilisation of women or men, or determination of foetal sex resulting in prenatal sex selection or infanticide1a; _________________ 1a OJ C181, 19.5.2016, p. 21–28
Amendment 267 #
2021/2035(INL)
Motion for a resolution
Paragraph 10 b (new)
Paragraph 10 b (new)
10b. Stresses that gender-based sex selection foeticide in the womb represents a serious breach of human rights that the European Union should address in its internal and external policies;
Amendment 323 #
2021/2035(INL)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Stresses that gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determination on a common basis; stresses that gender-based violence is the result of a patriarchal society that has a cross-border dimension; points, in particular, at the growing anti- gender and anti-women movements, which are well organised and have a cross-border nature;
Amendment 342 #
2021/2035(INL)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that the special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need to establish minimum rules concerning the definition of criminal offences and sanctions; Highlights the role of Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (Victims' Rights Directive) in combatting violence against women and girls and other forms of gender-based violence;
Amendment 350 #
2021/2035(INL)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Encourages the development of support mechanisms for women and families that can provide information and support to women about the dangers and damage of sex-selective practices and to provide counselling to support women who may be under pressure to eliminate female foetuses1a; _________________ 1a OJ C181, 19.5.2016, p. 21–28
Amendment 354 #
2021/2035(INL)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 361 #
2021/2035(INL)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 374 #
2021/2035(INL)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 389 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 6
Annex I – Recital 6
Amendment 392 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 8
Annex I – Recital 8
(8) Gender-based violence is a serious crime and a widespread violation of fundamental rights in the Union which needs to be addressed with greater efficiency and determined on a common basiby Member states and by the EU according to its competencies.
Amendment 397 #
2021/2035(INL)
(10) The special need to combat violence against women and girls and other forms of gender-based violence on a common basis also results from the need toshould be addressed by implementing Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (Victims' Rights Directive), which establishes minimum rulestandards concerning the definition of criminal offences and san the rights, support and protection of victims of crime and ensures that persons who have fallen victim to crime are recognised and treated with respect, and that they must also receive proper protections, as well assupport and access to justice. Particular attention should be provided to the key issues of prevention, under-reporting, victim protection, support and reparation, and the prosecution of perpetrators, where the approaches and level of commitment of Member States vary significantly.
Amendment 399 #
2021/2035(INL)
Motion for a resolution
Annex I – Recital 11
Annex I – Recital 11
Amendment 26 #
2021/2025(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the annual rule of law review cycle is a welcome addition to the tools available to preserve the Union’s values, by addressing the situation in all EU Member States based on four pillars, with a direct bearing on respect for the rule of law; whereas it is intended as a yearly cycle to ensure the rule of law and to prevent problems from emerging or deepeninghas been turned into a political tool and serves as a threat targeting Member States that may refuse to fall into line with the Commission's societal projects;
Amendment 33 #
2021/2025(INI)
Motion for a resolution
Recital D
Recital D
Amendment 54 #
2021/2025(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission’'s first annual Rule of Law Report awhich forms part of the wider European rule of law monitoring and enforcement architecture, as it adds an important, potentially preventive tool to the Union’s rule of law toolboxpolitical instrumentalisation of the concept of the rule of law, the intention of which is to standardise lifestyles within the EU by means of the law;
Amendment 71 #
2021/2025(INI)
3. Stresses the potential preventive benefits of the annual Rule of Law Report; considers that a more thorough evaluation is needed to assess whether the report has had a preventive effect; considers that in any event this is clearly not the case as regards the Member States under the Article 7(1) TEU procedure; believes that the 2020 report should have provided more in-depth assessments, stating whether there is a risk of or actual breach of the Union values; considers these assessments necessary to identify follow-up actions and remedial measures and toolsConsiders that the Article 7(1) TEU procedure is the only one that may lawfully be used to manage allegations of breach of the rule of law;
Amendment 111 #
2021/2025(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 119 #
2021/2025(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. DecriNotes the fact that the initiation of preliminary ruling proceedings before the Court of Justice of the EU has been declared unlawful in Member States subject to Article 7 of the TEU; is appalled bytakes into account the growing resistance of some Member States to comply with CJEU rulings on the legitimate grounds of sovereignty or unconstitutionality; believes that these developments pose a systemic threat to the Union; considers, therefore, that forthcoming annual reports should consider challenges to the Union’s legal architecture and principles as serious violaconstitute a protest against a change in direction by the Union which seeks to impose one single view of the rule of law and the EU model of society regardless of the legal, constitutional and cultural traditions inof the assessmentMember States;
Amendment 137 #
2021/2025(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Welcomes the dedication of a specific chapter to anti-corruption efforts in each country report; points out that while the existence of national anticorruption strategies can be considered progress, their effectiveness on the ground must also be assessed; notes that an assessment of the resilience of the anti-corruption framework to tackle corruption-related risks in the area of public procurement remains largely absent from the 2020 report; invites the Commission to place greater emphasis on the misuse of EU funds, particularly in view of the new conditionality mechanism;
Amendment 167 #
2021/2025(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12a. Is concerned by the worsening state of affairs as regards freedom of expression and the acceptance of a wide variety of opinions on certain social networks; considers that their monopoly position makes them essential to modern political life and that the arbitrary censorship of legally-held opinions has a serious impact on citizens' freedom of expression; urges the Commission to propose a penalty system for platforms exercising censorship without a court order;
Amendment 213 #
2021/2025(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 232 #
2021/2025(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls on the Commission to strengthen the regular, inclusive and structured dialogue with governments and national parliaments, NGOs, professional associations and other stakeholders; notes that three Member States refused to make public their submissions for the 2020 report; calls for transparency in the process and for all submissions to be made public;
Amendment 240 #
2021/2025(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 248 #
2021/2025(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 255 #
2021/2025(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
Amendment 268 #
2021/2025(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes that the Council’s hesitance to apply Article 7 of the TEU effectively is enabling continued divergence from the values provided for in Article 2 of the TEU; calls for a reflection at the Conference on the Future of Europe on a revision of the Article 7 TEU procedure in order to realign the majority requirements of paragraphs 1 and 2 with a view to having super-majorities of four or five for bothHighlights the fact that henceforth the Council is alone in being able to act in ongoing Article 7 TEU procedures;
Amendment 275 #
2021/2025(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 283 #
2021/2025(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 300 #
2021/2025(INI)
28a. Reiterates that the people are sovereign in a democracy and that the issue of respect for the rule of law shall not be used to restrict the exercise of power nor to influence the policy stance of democratically elected governments of the Member States when the rule of law is not being seriously and systematically breached, which the Council alone is able to determine through the procedure laid down in Article 7 TEU;
Amendment 26 #
2021/2005(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the voice of workers is a key element of the European Social Model, whose shared legacy ofand democracy at work find expression in social dialogue, workers’ participation, collective bargaining, employee representation on boards, and health and safety representation, and tripartism are the building blocks of a diverse and socially sustainable future;
Amendment 35 #
2021/2005(INI)
Motion for a resolution
Recital C
Recital C
C. whereas democracy at work plays a key role in strengthening human rights in the workplace and society, not least when trade unions and workers’ representatives are actively involved in business due diligence processes; whereas more democracy at work would be an effective way of addressing the inequalities at work and in societystrengthens relations among workers and with employers, boosts employees’ work ethic and job satisfaction, encourages participation at work, makes effective problem-solving possible and leads to a higher level of commitment;
Amendment 53 #
2021/2005(INI)
Motion for a resolution
Recital E
Recital E
E. whereas trade unions and workers’ representatives have played a key role in mitigating the impact of the COVID-19 pandemic in the workplace, from the introduction of measures to protect the health and safety of workers, notably essential workers in highly exposed workplaces, to the implementation of job retention schemes such as short-time work and new forms of work organisation like working from home;
Amendment 60 #
2021/2005(INI)
Motion for a resolution
Recital F
Recital F
F. whereas sustainable corporate governance can only be achieved with employee involvement; whereas the economic model based, in addition to the financial interests onf the short-term ‘shareholder value’ principle has failed to encourage long-term investment and proper respect for human rights and, in particular, for the participation rights of trade unir shareholders, European companies also have to take account of the interests of varionus and workers during past crises20‘stakeholders’; __________________ Rapp, M. S., Wolff, M., Udoieva, I., Hennig, J. C., ‘Mitbestimmung im Aufsichtsrat und ihre Wirkung auf die Unternehmensführung’, Hans-Böckler- Stiftung, No 424, June 2019; Ernst and Young, Study on directors’ duties and sustainable corporate governance, July 2020.
Amendment 77 #
2021/2005(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the active inclusion of workers in companies’ decision-making processes will be essential to ensure the fast, substantial and sustainable policy and strategy changes required by the twin digital and green transitions, which will herald tremeGreen Deal, the EU Climate Law and the EU legislation enacted to achieve their goals will further undermine the competitiveness of European industry; whereas there is currently unease about the implications of the Green Deal in European industry and national and European works councils; whereas the European trade union federation Industri-ALL, which represents 50 million workers, fears that 11 million jobs will be directly affected by the Green Deal in the extractive industry, the automotive industry and other energy- intensive indous changes in the world of worktries, and that as yet the workers involved have no prospects;
Amendment 85 #
2021/2005(INI)
Motion for a resolution
Recital K
Recital K
Amendment 138 #
2021/2005(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Calls on the Commission to deliver on its commitment to put forward without further delayTakes the view that a directive on binding human rights due diligence and responsible business conduct, including workers’ rights such as the right to organise and collectively bargain, health and safety, social protection and working conditions; stresses that this directive should establish mandatory due diligence covering companies’ activities and their business relationships, including supply and subcontracting chains, and should ensure the full involvement of trade unions and workers’ representatives throughout the whole due diligence processrequirements would have a negative impact on companies, their business activities and supply chain relationships and their global competitiveness; takes the view, in particular, that the introduction of binding due diligence requirements would generate increased administrative and procedural burdens, penalise smaller companies with fewer resources, place companies at a competitive disadvantage vis-à-vis their counterparts in third countries and make them liable for damage outside their control;
Amendment 180 #
2021/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 199 #
2021/2005(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Recalls that the European Works Council Directive is part of the EU acquis on information for and consultation of employees; expresses concern over shortcomings in the directive’s design, notably the enforcement of information and consultation rightspoints out that in 2018 the Commission concluded that the provisions laid down by the directive were sufficient and that no further revision was needed;
Amendment 86 #
2021/0241(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to facilitate their criminal activities, money launderers and financers of terrorism are likely to take advantage of the freedom of capital movements within the Union's integrated financial area unless certain coordinating measures are adopted at Union level. Through immutable and constant record of transactions, data transparency and the cross-border character of blockchains, crypto assets are traceable and allow for seamless law enforcement intervention when seeking illicit activities. The Union should take advantage of these benefits to effectively address risks for potential misuse of crypto-assets for purposes related to money laundering and terrorist financing in order to safeguard the European consumer and also allow licensed crypto- asset service providers to operate without restrictive administrative burdens. International cooperation within the framework of FATF and the global implementation of its recommendations aim to prevent money laundering and terrorist financing while transferring funds or crypto-assets .
Amendment 94 #
2021/0241(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In addition, the Commission Action Plan of 7 May 2020 for a comprehensive Union policy on preventing money laundering and terrorism financing41 identified six priority areas for urgent action to improve the Union’s anti-money laundering and countering financing of terrorism regime, including the establishment of a coherent regulatory framework for that regime in the Union to obtain more detailed and harmonised rules, notably to address the implications of technological innovation and developments in international standards and avoid diverging implementation of existing rules. Work at international level suggests a need to expand the scope of sectors or entities covered by the anti-money laundering There should not be any implication in the EU regulatory framework that crypto- asset businesses carry inherently higher AML risks, as mandy countering financing of terrorism rules and to assess how they should apply to virtual assets service providers not covered so farrypto products are based on AML risk-management mechanisms built in the underlying Blockchain technology. The technology immensely improves asset ownership and transfer transparency. __________________ 41 Communication from the Commission on an Action Plan for a comprehensive Union policy on preventing money laundering and terrorist financing (C(2020) 2800 final).
Amendment 111 #
2021/0241(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) In order not to impair the efficiency of payment systems and crypto-asset transfer services , and in order to balance the risk of driving transactions underground as a result of overly strict identification requirements against the potential terrorist threat posed by small transfers of funds or crypto-assets , the obligation to check whether information on the payer or the payee , or, for transfers of crypto-assets, the originator and the beneficiary, is accurate should, in the case of transfers of funds where verification has not yet taken place, be imposed only in respect of individual transfers of funds or crypto-assets that exceed EUR 13000, unless the transfer appears to be linked to other transfers of funds or transfers of crypto-assets which together would exceed EUR 13000, the funds or crypto-assets have been received or paid out in cash or in anonymous electronic money, or where there are reasonable grounds for suspecting money laundering or terrorist financing.
Amendment 116 #
2021/0241(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Crypto-assets exist in a borderless virtual reality and can be transferred to any crypto-asset service provider in any jurisdiction, or even without a jurisdictional registration. Many non- Union jurisdictions have in place rules relating to data protection and enforcement that are of a different nature than those laid down in the Union. When transferring crypto-assets on behalf of a customer to a crypto-asset service provider that is not registered in the Union, the crypto-asset service provider of the originator should, in addition to the customer due diligence measures laid down in Article 13 of Directive (EU) 2015/849, through best endeavour, assess the ability of the crypto-asset service provider of the beneficiary to receive and retain the information required under this Regulation and to protect the confidentiality of the originator's personal data. Where that information cannot be transmitted with the transfer, a record of the information on the originator and the beneficiary should nevertheless be retained and made available to competent authorities upon request.
Amendment 168 #
2021/0241(COD)
Proposal for a regulation
Article 2 – paragraph 5 – point c
Article 2 – paragraph 5 – point c
(c) the amount of the transfer of funds or crypto-assets does not exceed EUR 13000.
Amendment 190 #
2021/0241(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point a
Article 5 – paragraph 2 – point a
(a) for transfers of funds exceeding EUR 13000, whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, the information on the payer or the payee in accordance with Article 4;
Amendment 194 #
2021/0241(COD)
Proposal for a regulation
Article 5 – paragraph 2 – point b – introductory part
Article 5 – paragraph 2 – point b – introductory part
(b) for transfers of funds not exceeding EUR 13000 that do not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 13000, at least:
Amendment 199 #
2021/0241(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 1 – introductory part
Article 6 – paragraph 2 – subparagraph 1 – introductory part
By way of derogation from Article 4(1), and, where applicable, without prejudice to the information required in accordance with Regulation (EU) No 260/2012, where the payment service provider of the payee is established outside the Union, and where crypto-assets are subject to a transfer, in alignment with FATF standards, transfers of funds not exceeding EUR 13000 that do not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 13000, shall be accompanied by at least:
Amendment 202 #
2021/0241(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. In the case of transfers of funds exceeding EUR 13000, whether those transfers are carried out in a single transaction or in several transactions which appear to be linked, before crediting the payee's payment account or making the funds available to the payee, the payment service provider of the payee shall verify the accuracy of the information on the payee referred to in paragraph 2 of this Article on the basis of documents, data or information obtained from a reliable and independent source, without prejudice to the requirements laid down in Articles 83 and 84 of Directive (EU) 2015/2366 .
Amendment 204 #
2021/0241(COD)
Proposal for a regulation
Article 7 – paragraph 4 – introductory part
Article 7 – paragraph 4 – introductory part
4. In the case of transfers of funds not exceeding EUR 13000 that do not appear to be linked to other transfers of funds which, together with the transfer in question, exceed EUR 13000, the payment service provider of the payee need not verify the accuracy of the information on the payee, unless the payment service provider of the payee:
Amendment 232 #
2021/0241(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. By way of derogation from paragraph 1, point (b), and paragraph 2, point (b), in the case of a transfer not made from or to an account, the crypto-asset service provider of the originator shall ensure that the transfer of crypto-assets can be individually identified and record the originator and beneficiary address identifiers on the distributed ledger. The application of innovative technological solutions shall be considered to facilitate such operations.
Amendment 252 #
2021/0241(COD)
Proposal for a regulation
Article 14 – paragraph 7 a (new)
Article 14 – paragraph 7 a (new)
7a. In contrast to transfers of funds between wallets hosted by centralised exchanges, where full responsibility of the centralised crypto asset service provider is in place, un-hosted wallet transfers sent to wallet hosted by centralised exchanges, and vice versa, shall impose limited liability on the receiving wallet.
Amendment 259 #
2021/0241(COD)
Proposal for a regulation
Article 15 – paragraph 2 – subparagraph 1 – introductory part
Article 15 – paragraph 2 – subparagraph 1 – introductory part
By way of derogation from Article 14(1), and in alignment with FATF standards, transfers of crypto-assets not exceeding EUR 13 000 that do not appear to be linked to other transfers of crypto-assets which, together with the transfer in question, exceed EUR 13 000, shall be accompanied by at least the following information:
Amendment 269 #
2021/0241(COD)
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 272 #
2021/0241(COD)
Proposal for a regulation
Article 16 – paragraph 2 a (new)
Article 16 – paragraph 2 a (new)
2a. In contrast to transfers of funds between wallets hosted by centralised exchanges, where full responsibility of the centralised crypto-asset service provider is in place, unhosted wallet transfers sent to wallet hosted by centralised exchanges, and vice versa, should impose limited liability on the receiving wallet.
Amendment 276 #
2021/0241(COD)
Proposal for a regulation
Article 16 – paragraph 3 – introductory part
Article 16 – paragraph 3 – introductory part
3. In the case of transfers of crypto- assets not exceeding EUR 13 000 that do not appear to be linked to other transfers of crypto-asset which, together with the transfer in question, exceed EUR 13 000, the crypto-asset service provider of the beneficiary shall only verify the accuracy of the information on the beneficiary in the following cases:
Amendment 295 #
2021/0241(COD)
Proposal for a regulation
Article 17 – paragraph 2 a (new)
Article 17 – paragraph 2 a (new)
2a. In contrast to transfers of funds between wallets hosted by centralised exchanges, where full responsibility of the centralised crypto asset service provider is in place, unhosted wallet transfers sent to wallet hosted by centralised exchanges, and vice versa, shall impose limited liability on the receiving wallet.
Amendment 143 #
2021/0239(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 236 #
2021/0239(COD)
Proposal for a regulation
Recital 93
Recital 93
(93) TAlthough the anonymity of crypto- assets may exposes them to a risks of misuse for criminal purposes. Anonymous crypto- asset wallets do not allow the traceability of crypto-asset transfers, whilst also making it difficult to identify linked transactions that may raise suspicion or to apply to adequate level of customer due diligence. In order to ensure effective application of AML/CFT requirements to crypto-assets, it is necessary to prohibit the provision and the custody of anonymous crypto-asset, there must be no further regulation or even banning of cryptocurrencies on the part of the European Union under the pretext of fighting crime. Digital innovations such as crypto-technology should be protected because they make it possible for people to diversify their portfolio and protect themselves from risks of ECB-induced euro inflation. By abandoning everyone’s freedom in order to achieve a supposed maximum level of security, the risk is that, ultimately, both freedom and security waillets by crypto- asset service providers be lost.
Amendment 243 #
2021/0239(COD)
Proposal for a regulation
Recital 94
Recital 94
(94) The use of large cash payments is highly vulnerable toNo Union-wide limit on cash payments must be introduced on the pretext of combating money laundering and terrorist financing; this has not been, since that would mean casting suffspiciently mitigated by the requirement for traders in goods to be subject to anti- money laundering rules when making or ron on all citizens and risks gradually abolishing cash and may lead to new forms of cybercrime. Moreover, there are further dangers stemming from cash limits or indeed the prospecetiving cash payments of EUR 10 000 or more. At the same time, differences in approaches among Member States have undermined the level playing field within the internal market to the detriment of businese abolition of cash, i.e. blanket monitoring of citizens by the European Union in a data collecting frenzy, continuing enforcement of negative interest rates and thus the expropriation of savers to the delight of the banks, whoses located in Member States with stricter controls. It is therefore neiquidity problem, which is caused by very low minimum reserve ratios, would suddenly be solved, and bank runs would be impossible, sinces sary to introduce a Union-wide limit to large cash payments of EUR 10 000. Member States should be able to adopt lower thresholds and further stricter provisionsvers would simply no longer be able to withdraw anything from their accounts. Cash is coined liberty, but it risks being lost in an insidious fashion once cash limits are introduced.
Amendment 249 #
2021/0239(COD)
Proposal for a regulation
Recital 95
Recital 95
Amendment 921 #
2021/0239(COD)
Proposal for a regulation
Article 59 – paragraph 1
Article 59 – paragraph 1
Amendment 946 #
2021/0239(COD)
Proposal for a regulation
Article 63 – paragraph 1 – point b
Article 63 – paragraph 1 – point b
Amendment 39 #
Amendment 40 #
2021/0140(CNS)
Proposal for a regulation
Recital 1
Recital 1
(1) The Schengen area without border control at internal borders relies on the effective and efficient application by the Member States of the Schengen acquis. That acquis comprises measures in the area of external borders, compensatory measures for the absence of controls at internal borders and a strong monitoring framework, which together facilitate free movement andntrols at internal borders, which together ensures a high level of security, and justice and protection of fundamental rights, including the protection of personal data.
Amendment 42 #
2021/0140(CNS)
Proposal for a regulation
Recital 4
Recital 4
(4) In order to increase its effectiveness and efficiency, the Schengen evaluation and monitoring mechanism should be enhanced. The revised evaluation and monitoring mechanism should aim at maintaining a high level of mutual trust among Member States by guaranteeing that Member States apply the Schengen acquis effectively following the agreed common standards, fundamental principles and norms, thereby contributing to a well- functioning Schengen areaeffectively border controls.
Amendment 44 #
2021/0140(CNS)
Proposal for a regulation
Recital 5
Recital 5
(5) The evaluation and monitoring mechanism should achieve these goals through objective and impartial evaluations that are able to quickly identify deficiencies in the application of the Schengen acquis that could disrupt the correct functioning of the Schengen area, ensure that these deficiencies are swiftly addressed, and provide the basis for a dialogue on the functioning of the Schengen area as a whole. This requires close cooperation between the Member States and the Commission, a balanced distribution of shared responsibilities and maintaining the peer review nature of the system. It also requires a closer involvement of the European Parliament. Given the extent of the changes, Regulation (EU) No 1053/2013 should be repealed and replaced by a new Regulation.
Amendment 50 #
2021/0140(CNS)
Proposal for a regulation
Recital 8
Recital 8
(8) Evaluation and monitoring activities should be targeted, taking into account the results of previous evaluations and the results of national quality control mechanisms. They should be supported by reinforced cooperation with Union bodies, offices and agencies, their systematic involvement in Schengen evaluations and by improved risk analyses and information sharing. This cooperation and involvement concerns in particular the European Border and Coast Guard Agency (‘Frontex’), the European Union Agency for the Operational Management of Large-Scale IT Systems (eu-LISA), the Union Agency for Law Enforcement Cooperation (Europol), the European Agency for Fundamental Rights and the European Data Protection Supervisor. The cooperation should also become more reciprocal and the agencies should not only be contributors, but also benefit from being involved in the evaluation and monitoring mechanism.
Amendment 53 #
2021/0140(CNS)
Amendment 59 #
2021/0140(CNS)
Proposal for a regulation
Recital 14
Recital 14
Amendment 67 #
2021/0140(CNS)
Proposal for a regulation
Recital 16
Recital 16
(16) Evaluation and monitoring activities should be carried out by teams consisting of Commission representatives and experts designated by Member States. These and Commission representatives and expert. These experts and representatives should have appropriate qualifications, including a solidven theoretical knowledge and practical experience. In order to ensure the participation of sufficient number of experienced experts in a faster and less burdensome way, a pool of experts should be established and maintained by the Commission in close cooperation with the Member States. The pool should be the primary source of experts for evaluation and monitoring activities.
Amendment 69 #
2021/0140(CNS)
Proposal for a regulation
Recital 17
Recital 17
(17) More flexibility should be provided as regards the size of the evaluation and monitoring teams in order to increase the efficiency and to reduce administrative burden. Therefore, the Commission should define and adapt the size of the teams depending on the needs and challenges related to each evaluation and monitoring activity. When setting up the teams, geographical balance and rotation should, to the extent possible, be ensured by the Commission and account should be taken of the capacity of national administrations and the need for a variety of profiles. The principle of shared responsibility, predictability and the commitment taken when nominating experts to the pool implies that the experts invited for specific evaluations and their national authorities should respond positively to invitations; turning the invitations down should be duly justified ononly be for serious professional or personal grounds only.
Amendment 73 #
2021/0140(CNS)
Proposal for a regulation
Recital 20
Recital 20
(20) Evaluation reports should, as a rule, contain recommendations on how to remedy deficiencies identified (including fundamental rights violations) and be adopted in a single act by the Commission by means of implementing acts through the examination procedure in accordance with Article 5 of Regulation (EU) No 182/201136 . The consolidation of the report and recommendations within a single document and subject to a single adoption procedure reinforces the intrinsic connection between the evaluation findings and recommendations. In addition, tare adopted by the Commission and recommendations by the Council. The accelerated publication of the recommendations should enable Member States to address the deficiencies faster and more efficiently. At the same time, the use of the examination procedure should ensure Member State’s engagement in the decision-making process leading to the adoption of the recommendations. _________________ 36 OJ L 55, 28.2.2011, p. 13.
Amendment 75 #
2021/0140(CNS)
Proposal for a regulation
Recital 21
Recital 21
(21) Nevertheless, gGiven the crucial role of the Council in exerting peer-pressure and the need for political discussion, the Council should adopt recommendations in cases of political importance and general interest for the functioning of the Schengen area. Such cases should be considered to arise where an evaluation concludes that there exists a serious deficiency, in cases of thematic evaluations, or in cases where an evaluation take places for the purposes of verifying whether a Member State bound by the Schengen acquis and for which internal border controls have not been lifted fulfils the conditions to apply the Schengen acquis in full or, in the case of a Member State not bound by the Schengen acquis and that has opted in to apply parts of the Schengen acquis, to verify whether the Member State fulfils the conditions to apply the Schengen acquis in partcontinue to be able to adopt recommendations in all cases.
Amendment 81 #
2021/0140(CNS)
Proposal for a regulation
Recital 24
Recital 24
(24) The evaluation and monitoring mechanism should comprise a robust follow-up and monitoring component which should be ensured by the Commission, in close cooperation with the Council and the European Parliament, without creating a disproportionate burden for the actors involved. Evaluations should be followed up by action plans. While drawing up the action plans, the evaluated Member States should fully take into consideration the funding possibilities provided by the Union and make the best use of these resources. To speed up the process, the Commission should provide observations on the adequacy of the action plans for example in the form of a letter. In order to ensure a timely follow up, if the Commission services do not consider the action plan adequate, the Member State concerned should be required to submit a revised action plan within one month from the receipt of the observations. The frequency of the follow- up reporting by the Member State to the Commission and the Council on the implementation of the action plans should, as a rule, be six months.
Amendment 86 #
2021/0140(CNS)
Proposal for a regulation
Recital 26
Recital 26
(26) It is essential and desirable that the European Parliament and the Council regularly hold discussions at political level in order to raise awareness of the importance of the implementation of the Schengen acquis, hold Member States who persistently breach the common rules accountable, and increase pressure on them to remedy the deficiencies identified. The Commission should provide adequate input to facilitate these discussions including through the adoption of a comprehensive annual report covering the evaluations carried out during the previous year and state of implementation of recommendations, which would be part of the ‘State of Schengen’ report. The European Parliament is encouraged to adopt resolutions and the Council should adopt conclusions to increase pressure on Member States making insufficient progress. The ‘Schengen Forum’, as a unique stage to discuss Schengen at high level with representatives of the European Parliament, Member States and the Commission should provide a platform for informal discussions aiming at better implementation of the Schengen acquied, inter alia, at ensuring the existence and effectiveness of internal border controls.
Amendment 88 #
2021/0140(CNS)
Proposal for a regulation
Recital 27
Recital 27
(27) The evaluation and monitoring mechanism established by this Regulation should fulfil a complementary function of monitoring the effectiveness of the practical implementation of Union policies through peer review. The general power of the Commission to oversee the application of Union law under the control of the Court of Justice of the European Union through infringement procedures should not be affectedon internal border controls.
Amendment 91 #
2021/0140(CNS)
Proposal for a regulation
Recital 29
Recital 29
(29) In view of the particular role entrusted to the European Parliament and to the national parliaments under the last sentence of Article 70 of the Treaty on the Functioning of the European Union (TFEU), as underlined in Article 12, point (c), of the Treaty on European Union (TEU) as regards the national parliaments, the Council and the Commission should fully inform the European Parliament and the national Parliaments of the content and results of the evaluations. In addition, should the Commission submit a proposal to amend this Regulation, the Council would, in accordance with Article 19(7), point (h), of its Rules of Procedure39 , consult the European Parliament in order to take into consideration its opinion, to the fullest extent possible, before adopting a final text. _________________ 39 Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325 11.12.2009, p. 35).
Amendment 93 #
2021/0140(CNS)
Proposal for a regulation
Recital 31
Recital 31
Amendment 94 #
2021/0140(CNS)
Proposal for a regulation
Recital 32
Recital 32
Amendment 96 #
2021/0140(CNS)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation establishes an evaluation and monitoring mechanism for the purpose of ensuring that Member States apply the Schengen acquis effectively, thereby contributing to a well-functioning area withouteffectively internal border controls.
Amendment 99 #
2021/0140(CNS)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) verifying the application of the Schengen acquis, i.e. the existence and effectiveness of border controls, in the Member States to which it applies in full as well as in Member States to which, in accordance with the relevant Protocols annexed to the TEU and to the TFEU, the Schengen acquis applies in part;
Amendment 103 #
2021/0140(CNS)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘first time evaluation’ means an evaluation to verify whether a Member State bound by the Schengen acquis and for which internal border controls have not been lifted fulfils the conditions to apply the Schengen acquis in full or, in the case of a Member State not bound by the Schengen acquis and that has opted in to apply parts of the Schengen acquis, to verify whether the Member State fulfils the conditions to apply the Schengen acquis in part;
Amendment 118 #
2021/0140(CNS)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
2. The Commission shall be responsible for the establishment of the annual and multiannual evaluation programmes, the drafting of questionnaires, the setting of schedules of visits, the conducting of visits and the drafting of evaluation reports and recommendations. It shall also ensure the follow-up and monitoring activities.
Amendment 123 #
2021/0140(CNS)
Proposal for a regulation
Article 3 – paragraph 5 – introductory part
Article 3 – paragraph 5 – introductory part
5. The Commission shall be responsible for making the necessary travel arrangements to and from the visited Member State for the Commission representatives and Member State experts in the teams and, in collaboration with the latter, the necessary on-site visits.
Amendment 126 #
2021/0140(CNS)
Proposal for a regulation
Article 3 – paragraph 5 – subparagraph 2
Article 3 – paragraph 5 – subparagraph 2
Amendment 137 #
2021/0140(CNS)
Proposal for a regulation
Article 4 – paragraph 2 – point c
Article 4 – paragraph 2 – point c
(c) when it has grounds to consider that a Member State is seriously neglecting its obligations under the Schengen acquis including allegations of serious fundamental rights violations at the external borders.
Amendment 144 #
2021/0140(CNS)
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. The Commission shall cooperate with relevant Union bodies, offices and agencies which are involved in the implementation of the Schengen acquis as well as with the European Union Agency for Fundamental Rights.
Amendment 159 #
2021/0140(CNS)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall use the results of relevant mechanisms and instruments, including evaluation and monitoring activities of Union bodies, offices and agencies which are involved in the implementation of the Schengen acquis and of the European Union Agency for Fundamental Rights as well as of independent national monitoring mechanisms and bodies and others well as national quality control mechanisms in preparing the evaluation and monitoring activities, to improve awareness on the functioning of the Schengen area and to avoid the duplication of efforts and conflicting measures.
Amendment 164 #
2021/0140(CNS)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 168 #
2021/0140(CNS)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
In the programming and implementation of the evaluations and monitoring activities, the Commission shallcan take into account information provided by third parties, including independent authorities, non- governmental organisations and international organisations.
Amendment 188 #
2021/0140(CNS)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Member State experts participating in evaluation and monitoring activities shall have appropriate qualifications, including a solid theoretical knowledge and practical experience in the areas covered by the evaluation and monitoring mechanism, along with sound knowledge of evaluation principles, procedures and techniques, and shall be able to communicate effectively in a common language.
Amendment 208 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
It may include visits to and meetings with national authorities and bodies, non- governmental and international organisations as well as other entities, agencies and bodies involved in, participating in or concerned by the implementation of the Schengen acquis while cooperating with the Member State subject to the evaluation or monitoring activity.
Amendment 215 #
2021/0140(CNS)
Proposal for a regulation
Article 19 – paragraph 4 – introductory part
Article 19 – paragraph 4 – introductory part
4. Unannounced visits shall take place without prior notification to the Member State concerned. By way of exception, tThe Commission may notify the Member State concerned at least 24 hours before such visit is to take place when the main purpose of the unannounced visit is a random verificationcheck ofn the implementation of the Schengen acquieffectiveness of internal border controls.
Amendment 227 #
2021/0140(CNS)
Proposal for a regulation
Article 21 – paragraph 5
Article 21 – paragraph 5
5. The evaluation report shall contain recommendations for remedial actions aimed at addressing the deficiencies and areas for improvement identified during the evaluation and give an indication of the priorities for implementing them. The evaluation report may set deadlines for the implementation ofIt is for the Council to adopt these recommendations. Where the evaluation identifies a serious deficiency, the specific provisions set out in Article 23 shall apply.
Amendment 230 #
2021/0140(CNS)
Proposal for a regulation
Article 21 – paragraph 6
Article 21 – paragraph 6
6. The Commission shall transmit the draft evaluation report to the evaluated Member State within four weeks of the end of the evaluation activity. The evaluated Member State shall provide its comments on the draft evaluation report within twofour weeks of its receipt. A drafting meeting shall be held at the request of the evaluated Member State, no later than five working days from the receipt of the comments from the evaluated Member State. The comments of the evaluated Member State may be reflected in the draft evaluation report.
Amendment 234 #
2021/0140(CNS)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Within two months of the adoption of the evaluation report, the evaluated Member State shall submit to the Commission and the Council an action plan to implement all thethe Council's recommendations included in the evaluation report.
Amendment 238 #
2021/0140(CNS)
Proposal for a regulation
Article 22 – paragraph 3 – introductory part
Article 22 – paragraph 3 – introductory part
3. The evaluated Member State shall reportpresents to the Commissionuncil and the Councilmmission on the implementation of its action plan every six months from the adoption of the evaluation report until the Commission considers the action plan is fully implemented. Depending on the nature of the deficiencies and the state of implementation of the recommendations, the Commission may require the evaluated Member State a different reporting frequency.
Amendment 239 #
2021/0140(CNS)
Proposal for a regulation
Article 22 – paragraph 3 – subparagraph 1
Article 22 – paragraph 3 – subparagraph 1
Amendment 243 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 2 – subparagraph 1
Article 23 – paragraph 2 – subparagraph 1
The evaluated Member State shall take immediate remedial actions including, where necessary, mobilising all available operational and financial means. The evaluated Member State shall inform without delay the Commission and the Member States about the immediate remedial actions taken or planned. In parallel, the Commission shall inform the respective Union bodies, offices and agencies referred to in Article 7 of the serious deficiency in view of their possible support to the evaluated Member State. The Commission shall also inform the Council and the European Parliamentto re-establish effective internal border controls.
Amendment 246 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 3 – subparagraph 1
Article 23 – paragraph 3 – subparagraph 1
The evaluated Member State shall provide its comments on the draft evaluation report within fivefteen working days of its receipt.
Amendment 267 #
2021/0140(CNS)
Proposal for a regulation
Article 23 – paragraph 10
Article 23 – paragraph 10
10. If the serious deficiency is deemed to constitute a serious threat to public policy or internal security within the area without internal border controls, or a serious and systematic fundamental rights violation, the Commission, on its own initiative or at the request of the European Parliament or of a Member State, shall immediately inform thereof the European Parliament and the Council.
Amendment 52 #
2021/0104(COD)
Proposal for a directive
Recital 1
Recital 1
Amendment 134 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 1
Article 19a – paragraph 1
(1) Large undertakings and, as of 1 January 2026, small and medium-sized undertakings which are undertakings referred to in Article 2, point (1), point (a), shall include in the management report information necessary to understand the undertaking’s impacts on sustainability matters, and information necessary to understand how sustainability matters affect the undertaking’s development, performance and position.
Amendment 139 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 1 – introductory part
Article 19 a – paragraph 2 – subparagraph 1 – introductory part
(2) TWhere appropriate, the information referred to in paragraph 1 shall contain in particular:
Amendment 143 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point a – point iii
Article 19a – paragraph 2 – subparagraph 1 – point a – point iii
Amendment 147 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point a – point iv
Article 19a – paragraph 2 – subparagraph 1 – point a – point iv
Amendment 150 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point b
Article 19a – paragraph 2 – subparagraph 1 – point b
Amendment 152 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point c
Article 19a – paragraph 2 – subparagraph 1 – point c
Amendment 155 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point e
Article 19a – paragraph 2 – subparagraph 1 – point e
Amendment 163 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 2 – subparagraph 1 – point g
Article 19a – paragraph 2 – subparagraph 1 – point g
Amendment 164 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19 a – paragraph 2 – subparagraph 2
Article 19 a – paragraph 2 – subparagraph 2
Amendment 169 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 3 – subparagraph 4
Article 19a – paragraph 3 – subparagraph 4
Amendment 174 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Directive 2013/34/EU
Article 19a – paragraph 5
Article 19a – paragraph 5
(5) By way of derogation from Article 19a, paragraphs 1 to 4, small and medium sized undertakings referred to in Article 2, point (1), point (a), may report in accordance with theSmall and medium sized undertakings shall not be covered by the provisions on comprehensive mandatory sustainability reporting standards for sof Article 19a. Small and medium sized undertakings referred to in Article 19cmay participate in voluntary sustainability reporting using a special system. This reporting shall be commensurate with their capacities and characteristics.
Amendment 187 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19 b – paragraph 1
Article 19 b – paragraph 1
Amendment 192 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19b – paragraph 2
Article 19b – paragraph 2
Amendment 227 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2013/34/EU
Article 19 c
Article 19 c
Amendment 251 #
2021/0104(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Directive 2013/34/EU
Article 51 – paragraph 2 – point a
Article 51 – paragraph 2 – point a
Amendment 148 #
Amendment 19 #
2020/2255(INL)
Motion for a resolution
Citation 39
Citation 39
Amendment 20 #
2020/2255(INL)
Motion for a resolution
Citation 44
Citation 44
Amendment 56 #
2020/2255(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, in order to face demographic challenges, the Union needsMember States should mobilise theird-country worker citizens of all skill levels to increase its economic competitiveness and itswith regard to China, India and the US and should not keep on telling the fairy tale of global influence as the champion of democracy, inclusion, human rights, free trade in goods and services and the rule of law, and as the leader in the fight against climate change;
Amendment 68 #
2020/2255(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Requests that the Commission submit, by 31 January 2022respect their competence, on the basis of Article 79(2), in particular points (a) and (b5), of the Treaty on the Functioning of the European Union, a proposal for an act that would serve as a package of proposals to facilitate and promote entry into and mobility within the Union for legally migratingwhich states that Member States are to "determine volumes of admission of third- country nationals applying for work and to reduce bureaucracy and promote equal treatment, following the recommendations set out in the Annex heretocoming from third countries to their territory in order to seek work, whether employed or self- employed";
Amendment 78 #
2020/2255(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that the creation of a Union-wide talent pool for third-country nationals who wish to apply for work with a view to migrating legally to a Member State, as well as for employers to search for potential employees in third countries, would be an essential tool for achievcounter-productive to tacklinge the purpose of the proposed act and calroblems of youth unemployment within the Union, running at record levels oin the Commission to include the creation of such a talent pool in its proposalsome Member States; furthermore considers such a brain-drain from developing nations a new iteration of colonialism, profiting the west at the expense of third countries;
Amendment 95 #
2020/2255(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomOpposes Directive (EU) 2021/...15 , butand considers it insufficient due to the fact that the labour markets of the Union are also in need of low- and medium- skilled workers; calls, therefore, on the Commission to include in its proposal an admission scheme for low- and medium- skilled third-country workers, including the creation of a framework for the validation and recognition of their skills and qualifications, based on objective and uniform criterias expansion in this proposal to include low- and medium- skilled workers, harmful to the labour markets of the Union; _________________ 15EUT number of 2016/0176 COD to be inserted.
Amendment 119 #
2020/2255(INL)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Notes that many Member States which have received large numbers of migrants, especially since 2015, have experienced increases in crime, higher social costs, lack of social integration and not the optimistic view of integrated productive new Union citizens;
Amendment 153 #
2020/2255(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the view that Directive 2003/109/EC should be amended to allow third-country nationals who have legally entered the Union and are long-term residents of a Member State to reside permanently within another Member State from the day their permit is issued on terms similar to the terms applicable to Union citizens and to reduce the number of years of residence required to acquire Union long-term residence status from five to three years; calls on the Commission to include those amendments in its proposal;
Amendment 160 #
2020/2255(INL)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 60 #
2020/2243(INI)
Draft opinion
Recital C a (new)
Recital C a (new)
C a. whereas Article 165 of the TFEU states that the content of teaching and the organisation of education systems, and their cultural and linguistic diversity, is the responsibility of the Member States;
Amendment 65 #
2020/2243(INI)
Draft opinion
Recital C b (new)
Recital C b (new)
C b. whereas significant funding has, since 2016, been allocated to the European Parliament Ambassador School Programme; whereas this programme supposedly aims to teach schoolchildren in a 'neutral' way about the EU;
Amendment 71 #
2020/2243(INI)
Draft opinion
Recital C c (new)
Recital C c (new)
C c. whereas there has been a concerning increase in the use of public funds to counteract Euroscepticism across Europe, including in the sphere of education;
Amendment 88 #
2020/2243(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Calls on the Commission to respect the competencies of the Member States to organise and manage their education systems, as outlined in Article 165 of the TFEU;
Amendment 91 #
2020/2243(INI)
Draft opinion
Paragraph 1 b (new)
Paragraph 1 b (new)
1 b. Regrets that EU funding is directed towards teaching programmes that raise awareness, and promote the supposed benefits, of the EU to schoolchildren; stresses that EU funded programmes of this nature can never truly be neutral; considers these pro-EU propaganda programmes to be a clear breach of Article 165 of the TFEU and calls, therefore, for the funding of these programmes to be immediately suspended;
Amendment 166 #
2020/2243(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 6 #
2020/2215(INI)
Motion for a resolution
Citation 2 a (new)
Citation 2 a (new)
- having regard to the UN Convention on the Rights of the Child,
Amendment 28 #
2020/2215(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 58 #
2020/2215(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 64 #
2020/2215(INI)
Motion for a resolution
Citation 31
Citation 31
Amendment 69 #
2020/2215(INI)
Motion for a resolution
Citation 34
Citation 34
Amendment 72 #
2020/2215(INI)
Motion for a resolution
Citation 36
Citation 36
Amendment 74 #
2020/2215(INI)
Motion for a resolution
Citation 36 a (new)
Citation 36 a (new)
- having regard to the FEMM committee decision to work against pro- life civil society organisations by pursuing an Initiative report on foreign funding of so-called anti-choice groups,
Amendment 95 #
2020/2215(INI)
Motion for a resolution
Recital A
Recital A
A. whereas sexual and reproductive health (SRH) is a state of physical, emotional, mental and social well-being in relation to all aspects of sexuality and reproduction, not merely the absence of dysfunction, infirmity or mortality, and whereas all individuals have a right to make decisions governing their bodies8 ; _________________ 8 Guttmacher-Lancet Commission, Executive Summary on sexual and reproductive health and rights, The Lancet, London, 2018, https://www.guttmacher.org/guttmacher- lancet-commission/accelerate-progress- executive-summary, sexuality and intimacy belong in the private sphere;
Amendment 97 #
2020/2215(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
A a. whereas the UN convention of the Rights of the Child notes that, "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth", and that this can must include the primary right, that of the right to life, without which all other human rights are void;
Amendment 98 #
2020/2215(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas both the Programme of Action of the ICPD in Cairo (1994) (in point 8.25 thereof) and the Platform of Action of the Fourth World Conference on Women’s Rights in Beijing (1995) clearly state that abortion should not be promoted as a family planning method1 b; _________________ 1b P7_TA(2013)0548
Amendment 101 #
2020/2215(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas both the ICPD Programme of Action (1994) and the Beijing Platform of Action (1995) call for states to reduce maternal mortality and provide more accessible, affordable and high-quality basic health services, with particular emphasis on medical care of mothers;
Amendment 109 #
2020/2215(INI)
Motion for a resolution
Recital B
Recital B
Amendment 125 #
2020/2215(INI)
Motion for a resolution
Recital C
Recital C
C. whereas so-called sexual and reproductive rights (SRR) are recognnot established as human rights in international and European human rights law10 ; _________________ 10Council of Europe Commissioner for Human Rights, Women’s sexual and reproductive health and rights in Europe, Council of Europe, Strasbourg, 2017, https://www.coe.int/en/web/commissioner/ women-s-sexual-and-reproductive-rights- in-europe.; whereas the right to integrity as enshrined in article 3 of the EU Charter of Fundamental Rights should not be subject to misleading interpretation;
Amendment 135 #
2020/2215(INI)
Motion for a resolution
Recital D
Recital D
Amendment 167 #
2020/2215(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the unavailability of unbiased scientifically accurate information violates the rights of individuals to make informed choices about their own SRHR;
Amendment 170 #
2020/2215(INI)
Motion for a resolution
Recital G a (new)
Recital G a (new)
G a. whereas if abortion proponents are unclear on whether a fetus in utero is a human being, they can consult any medical text book;
Amendment 185 #
2020/2215(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the success of comprehensive sexuality education facilitates informed reproductive choicein preventing unwanted pregnancies is not scientifically proven, as it can lead to earlier and increased sexual activity amongst minors;
Amendment 204 #
2020/2215(INI)
Motion for a resolution
Recital K
Recital K
K. whereas even when abortion is legally available, there are often barriers to accessing itit is vital to ensure that all medical and healthcare staff are able to enjoy freedom of conscience;
Amendment 216 #
2020/2215(INI)
Motion for a resolution
Recital M
Recital M
Amendment 235 #
2020/2215(INI)
Motion for a resolution
Recital N a (new)
Recital N a (new)
Na. whereas the TFEU stipulates that the Union must fully respect the responsibility of the Member States for the content of teaching and the organisation of education systems;
Amendment 248 #
2020/2215(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 276 #
2020/2215(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls upon the Member States to address the challenges in accessing or exercising SRHR and ensure that peer- reviewed medical studies are carried out to see if any medical benefit or harm results from this access, as no studies to date have proven any benefit, which would ensure that no person is left behind by being unable to exercise their right to health;
Amendment 286 #
2020/2215(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 333 #
2020/2215(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 366 #
2020/2215(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 382 #
2020/2215(INI)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
Amendment 394 #
2020/2215(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 451 #
2020/2215(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
Amendment 461 #
2020/2215(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Calls on Member States to reassess the unfettered access to abortion as a form of birth control, when serious demographic decline, women's mental and physical health, harmony between the sexes and the healing not harming role of our medical professions are all at serious risk; further encourages investment in adoption services which brings untold benefits to childless couples, and relief for an unexpectedly pregnant mother;
Amendment 468 #
2020/2215(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 478 #
2020/2215(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 488 #
2020/2215(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 9 #
2020/2196(INI)
Motion for a resolution
Citation 10
Citation 10
Amendment 32 #
2020/2196(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. ConsiderNotes that in the very concept of Schengen cooperation, that of ensuring the absence of controls at internal borders, has been further challenged by the COVID-19 pandemic, which has been added to the grounds invoked since 2015 for the persistent retention of internal border controls by some Member States; reiterates its condemnation of the maintenance of internal border checks and its view that many of the prolongations are not in line with the rules pertaining to their extension, necessity or proportionality, and arebeginning of the pandemic, rather than recommending the reintroduction of internal border checks by Member States, the Commission has deplored such measures of, and sought to delay restrictions at the external borders of the Schengen area until there were already thousands of confirmed cases on EU therefore unlawfulritory;
Amendment 40 #
2020/2196(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Notes that at the beginning of 2020, just before the pandemic emergency, illegal immigration flows were increasing considerably compared to the same period last year, thereby significantly increasing the health risk within the EU; whereas despite the commonly agreed decision to completely close the external borders of the Schengen area, some Member States have scaled back their efforts to tackle illegal immigration, even carrying out mass regularisations; According to Europol, a ‘loosening of travel and movement restrictions is likely to result in an increasing movement of irregular migrants’, thereby putting the management of the EU’s external borders under pressure;
Amendment 49 #
2020/2196(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Deplores the fact that internal border controlRecalls that Member States are continuing to be introduced by some Member States as a unilateral response to new challenges, before they have given proper consideration to the common European interest in maintaining Schengen as an area without internal border controls; reiterates its call on the Commission to exercise appropriate scrutiny over the application of the Schengen acquis, including through the use of infringement procedures, and underlines the urgent need to enhance mutual trust and cooperation among the Schengen states and appropriate governance for the Schengen areatain sovereignty over border management; recognises, at the same time, that urgent measures are needed to resume national, European and international travel in order to revive the tourism industry;
Amendment 72 #
2020/2196(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 89 #
2020/2196(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Deeply regrets the fact that there have been persistent and serious reports about violence and pushbacks at the external border, as well as the lack of adequate monitoring mechanisms to ensure respect for fundamental rights and the rule of law at the external borders; considers that the European Union Agency for Fundamental Rights (FRA) must be given an enhanced operational role with regard to the monitoring of respect for fundamental rights at the external borderReiterates that an efficient external border management system is closely linked to strict external border control and swift return procedures for illegal third country nationals; Stresses the need for external borders to be managed rigorously as any weaknesses may result in the loss of control over basic public safety management, including health threats;
Amendment 149 #
2020/2196(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Considers that the Commission and the Council have seriously neglected their obligations following the detection of serious deficiencies in the UK’s use of the Schengen Information System during the 2017 evaluation; reminds all actors of its request to immediately disconnectUK, like any non-Schengen country, had no direct access to the Schengen Information System, but limited access; it lost this latter with Brexit, creating risks for all parties because the UK, as expressed in the letters to the Commission and to the Council Presidency of 15 June 2020; recalls its position that ‘as a thirdlso provided a lot of relevant information to its partners; it is therefore in the interest of all parties to country, the UK cannot have access to SIS’inue to cooperate;
Amendment 2 #
2020/2173(DEC)
Draft opinion
Recital A
Recital A
A. whereas, according to Article 8 TFEU, the Union is to aim to eliminate inequalities, and to promote equality, between men and women, thereby establishing the principle of gender mainstreaming;
Amendment 4 #
2020/2140(DEC)
Draft opinion
Recital A
Recital A
A. whereas gender equality is one of the values on which the European Union is founded and the Union is committed to promote gender mainstreaming in all of its actions as enshrined in Article 8 TFEU;
Amendment 38 #
2020/2079(INI)
Motion for a resolution
Recital C
Recital C
Amendment 50 #
2020/2079(INI)
Motion for a resolution
Recital D
Recital D
D. whereas social investments are essential to ensure sustainable development and inclusive societithe material and social progress of the Member States;
Amendment 63 #
2020/2079(INI)
Motion for a resolution
Recital E
Recital E
E. whereas austerity policies resulted in less protective and underfundedthe pandemic has underlined the need of strong social and health care systems, which aggravated the effects of the pandemic in certain in the Member States;
Amendment 95 #
2020/2079(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the crisis will have a significant impact on social conditions, in particular for vulnerable groupsthe socio-economic situation of the citizens of the Member States, in particular the least well-off;
Amendment 119 #
2020/2079(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
Ha. whereas the organisation of the labour market in all its aspects, and particularly legislation on the minimum wage, is the responsibility of the Member States;
Amendment 135 #
2020/2079(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Takes note of the Commission’s 2020 country-specific recommendations (CSRs); expresses its concernIs of the opinion that labour market and employment policy should belong to the exclusive competence of thate Member States have made limited or no progress in six out of 10 CSRs addressed to them in 2019and, accordingly, rejects the Commission's country-specific recommendations (CSRs);
Amendment 141 #
2020/2079(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Is concerned about the devastating social effects of the COVID-19 crisis, in particular on vulnerable groups; stresses that only a decisive and coordinated European response will offset the consequences of the current crisis;
Amendment 157 #
2020/2079(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Highlights that in the current crisis, the Stability and Growth Pact has proven to be inadequate, not allowing Member States the fiscal space they need to absorb imbalances and mitigate the social consequences, which made the activation of the escape clause necessary; demands that social and ecological objectives be given the same legal enforceability as fiscal consolidation and financial stability;
Amendment 187 #
2020/2079(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Welcomes Next Generation EU, the EU’s recovery planIs of the opinion that the financing model of the Next Generation EU proposal exceeds the powers transferred to the EU; calls on the Member States to make use of the general escape clause and invest in people and social welfare systems; calls for specific social progress plans to ensure more effective and stronger welfare states;
Amendment 190 #
2020/2079(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 201 #
2020/2079(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 218 #
2020/2079(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 236 #
2020/2079(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Is concerned about the increased rate of unemployment, which will especially affect youth and workers in low- skilled positions and precarious employment; calls on the Commission to propose a permanent EU urejects the proposal of a European Unemployment rReinsurance sScheme and a more effective and inclusive Youth Guaranteebecause such a scheme does not solve the structural national or regional labour market problems that are of a permanent nature and are based on wrong policies; calls on the Member States to adequately invest in effective active labour market policies to prevent long-term unemployment;
Amendment 248 #
2020/2079(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that the successful implementation of the EU Recovery Plan requires a properCalls on the Member States to strengthen social dialogue and effcollective involvement of the social partners; calls on the Commission and Member States to support capacity building of the social partners in order to strengthen social dialogue and collective bargainingbargaining in the interests of their citizens;
Amendment 261 #
2020/2079(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Welcomes the Commission’s second phase consultation of the social partners on an EU framework for minimum wages; calls on the Commission to present a European framework for minimumEncourages the Member States to ensure that employed people receive a wages to eliminate in-work poverty by ensuring decent living wages above the poverty threshold for all workers through collective agreements or through national law; calls for EU-level safeguards for decent old-age pensions for all workershat allows them a decent life in their country; recalls in this regard that any decision on setting minimum wages is a Member State’s prerogative;
Amendment 286 #
2020/2079(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Asks the Commission to propose legal instrumentCalls on the Member States to ensure decent working conditions for all workers, strengthen collective bargaining coverage,; ban zero- hour contracts, end bogus self- employment, set strict limits on subcontracting practices, and improve social protection standards; calls on the Commission to present a European directive on decent working conditions forMember States to ensure that platform workers and non-standard workers work under decent working conditions;
Amendment 291 #
2020/2079(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 309 #
2020/2079(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 325 #
2020/2079(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls on the Commission to present an EU child guarantee in 2020, a rights-based, comprehensive and integrated anti-poverty strategy, an EU framework on national homelessness strategies, to conduct a comparative study on the different minimum incomeNotes that poverty is still unacceptably high; stresses that child poverty has many different causes and that relevant issues such as healthcare, education, childcare, nutrition and housing fall within the competence and responsibility of the Member States; encourages the Member States to tackle child poverty as a priority; points out that the rise of homelessness has many different causes and that an efficient fight against homelessness requires measures in different fields suchemes in the Member States, and to highlight best practice cases with a view to presenting a framework in this regard as health care, labour market policy, protection of women against domestic violence, EU freedom of movement and asylum and migration policy;
Amendment 356 #
2020/2079(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Calls for the introduction by the Member States of accessible and affordable quality childcare and early education services, as well as short- and long-term care services, including for the elderly and people with disabilities;
Amendment 366 #
2020/2079(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 376 #
2020/2079(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 389 #
2020/2079(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. States that the COVID-19 pandemic has resulted in increased health and safety risks for millions of workers; calls on the Commission to present a new Strategic Framework for Health and Safety, a directive on work-related stress and musculoskeletal disorders, a directive on mental well-being at the workplace, and an EU mental health strategy;
Amendment 399 #
2020/2079(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the creation of a European Health Union, calls on the Member States to ensure access to high- quality healthcare that is affordable for all;
Amendment 32 #
2020/2076(INI)
Draft opinion
Recital D
Recital D
D. whereas the COVID-19 pandemic has brought unprecedented challenges for EU industry, with over 5 million people at risk of losing their jobs and a projected average reduction in GDP of around 7 % across the EU; whereas the European Green Deal should be revised as a priority;
Amendment 53 #
2020/2076(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Highlights that EUthe new industrial policy must be in line with the European Pillar of Social Rights and efficiently address the social consequences of structural change and the need support fair working conditions and equal opportunities and take into accountinue implementing its principles, in order to support fair working conditions and equal opportunities, as well as access to well- functioning labour markets and welfare systems the significant added value that industry brings to labour markets and welfare systems, as well as its crucial role as a factor of prosperity and equality;
Amendment 59 #
2020/2076(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Underlines that industry and employment policies are primarily a Member States’ competence and that it’s up to the Member States to develop a proper industry strategy and to enhance the exchange of information and good practices in order to achieve positive impact on working conditions and workers’ rights and to avoid wage and social dumping;
Amendment 70 #
2020/2076(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 89 #
2020/2076(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Considers that EUthe new industrial policy must embrace relocation strategies that focus on domestic productivity based on research and innovation and promote the recovery of quality employment and manufacturing opportunities back to the EU, in order to increase competitiveness and avoid excessive dependency on foreign providers, particularly in strategic sectors such as health, agricultural, digitalisation and energy, and in the respective supply chains, thus strengthening the EU’s strategic autonomy and guaranteeing the employment of European workers in these sector;
Amendment 100 #
2020/2076(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3 a. Underlines the importance of a sustainable strategy that does not jeopardise the global competitiveness of industry and SMEs and does not put in danger their workers. Stresses that SMEs have to deal with too much red tape and that the European Green Deal represents a disproportionate additional financial burden overall in the light of the COVID- 19 crisis;
Amendment 112 #
2020/2076(INI)
Draft opinion
Paragraph 3 b (new)
Paragraph 3 b (new)
3 b. Points out the need to provide adequate protection to all workers in those sectors most affected bythe European Green Deal before proceeding with any plan;
Amendment 113 #
2020/2076(INI)
Draft opinion
Paragraph 3 c (new)
Paragraph 3 c (new)
3 c. Recalls that the automotive and the steel sector are the most affected by the impact of the COVID-19 pandemic as well as by the changes expected in the future economy; considers that the new industrial strategy should take actions for these sectors, including appropriate financial support;
Amendment 149 #
2020/2076(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Considers that the recent pandemic has shown the importance of digital solutions, particularly telework, and the need to establish guidelines and regulations at European level; believes that telework offers opportunities such as better work- life balance, reduced CO2 emissions related to the daily commute, and enhanced employment opportunities for people with disabilities; calls on the Commission to propose a legislative framework with a view to regulating telework conditions across the EU;
Amendment 157 #
2020/2076(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. Stresses that gender balance and achieving equality between men and women must be core principles of the EU’snew industrial strategy; calls on the Commission to include a gender perspective in its industrial policy strategy, particularly in its measures to address the digital and green transformations, andMember States to encourage women’s participation in digital entrepreneurship, STEM and ICT education and employment in order to avoid an industrial and digital gender gap;
Amendment 174 #
2020/2076(INI)
Draft opinion
Paragraph 7 a (new)
Paragraph 7 a (new)
7 a. Calls on the Commission and the Member States to strengthen the screening of foreign direct investment in order to prevent hostile takeovers by third country companies that could threaten the labour markets;
Amendment 8 #
2020/2072(INL)
Motion for a resolution
Citation 10
Citation 10
Amendment 13 #
2020/2072(INL)
Motion for a resolution
Citation 11
Citation 11
Amendment 14 #
2020/2072(INL)
Motion for a resolution
Citation 12
Citation 12
Amendment 15 #
2020/2072(INL)
Motion for a resolution
Citation 13
Citation 13
Amendment 16 #
2020/2072(INL)
Motion for a resolution
Citation 14
Citation 14
Amendment 17 #
2020/2072(INL)
Motion for a resolution
Citation 15
Citation 15
Amendment 18 #
2020/2072(INL)
Motion for a resolution
Citation 16
Citation 16
Amendment 19 #
2020/2072(INL)
Motion for a resolution
Citation 17
Citation 17
Amendment 20 #
2020/2072(INL)
Motion for a resolution
Citation 18
Citation 18
Amendment 21 #
2020/2072(INL)
Motion for a resolution
Citation 19
Citation 19
Amendment 22 #
2020/2072(INL)
Motion for a resolution
Citation 20
Citation 20
Amendment 23 #
2020/2072(INL)
Motion for a resolution
Citation 21
Citation 21
Amendment 25 #
2020/2072(INL)
Motion for a resolution
Citation 22
Citation 22
Amendment 27 #
2020/2072(INL)
Motion for a resolution
Citation 23
Citation 23
Amendment 30 #
2020/2072(INL)
Motion for a resolution
Citation 24
Citation 24
Amendment 34 #
2020/2072(INL)
Motion for a resolution
Citation 25
Citation 25
Amendment 35 #
2020/2072(INL)
Motion for a resolution
Citation 26
Citation 26
Amendment 39 #
2020/2072(INL)
Motion for a resolution
Citation 27
Citation 27
Amendment 40 #
2020/2072(INL)
Motion for a resolution
Citation 28
Citation 28
Amendment 41 #
2020/2072(INL)
Motion for a resolution
Citation 29
Citation 29
Amendment 47 #
2020/2072(INL)
Motion for a resolution
Citation 30
Citation 30
Amendment 48 #
2020/2072(INL)
Motion for a resolution
Citation 31
Citation 31
Amendment 49 #
2020/2072(INL)
Motion for a resolution
Citation 34
Citation 34
Amendment 55 #
2020/2072(INL)
Motion for a resolution
Recital A
Recital A
A. whereas the Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities, as set out in Article 2 of the Treaty on European Union (TEU); whereas those values are values which are common to the Member States and to which all Member States have freely subscribed;
Amendment 64 #
2020/2072(INL)
Motion for a resolution
Recital B
Recital B
Amendment 81 #
2020/2072(INL)
Motion for a resolution
Recital C
Recital C
C. whereas breaches of the values referred to in Article 2 TEU may weaken the cohesion of the EuropeaUnion project, the rights of all Union citizens and mutual trust among the Member States;
Amendment 85 #
2020/2072(INL)
Motion for a resolution
Recital D
Recital D
D. whereas the Commission is preparing to publish an annual rule of law report, to be followed by a Strategy for the Implementation of the Charter of Fundamental Rights and a European Democracy Action Plahas shown a tendency to instrumentalise the principle of the rule of law in an obviously politically driven fashion;
Amendment 90 #
2020/2072(INL)
Motion for a resolution
Recital E
Recital E
E. whereas a regulation on the protection of the Union’s budget in case of generalised deficiencies as regards the rule of law in the Member States, once adopted, would become an indispensable tool in saf would raise serious concerns about the political use of such tools towards Member States which are not aligned with the Commission's political vision, particularly reguarding the rule of law within the Unionmigration strategies;
Amendment 94 #
2020/2072(INL)
Motion for a resolution
Recital F
Recital F
F. whereas any monitoring mechanism must closely involve stakeholders active in the protection and promotion of democracy, the rule of law and fundamental rights, including civil society, Council of Europe and United Nations bodies, the European Union Agency for Fundamental Rights, national human rights institutions, national parliaments and local authorities;
Amendment 103 #
2020/2072(INL)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas many so-called civil society organisations allegedly dedicated to the protection and promotion of democracy, the rule of law and fundamental rights are actually ultimately pursuing political goals and therefore should not be considered as legitimate and independent stakeholders and should not be eligible for Union funds; whereas the activities of those organisations can often be described as foreign political interference;
Amendment 107 #
2020/2072(INL)
Motion for a resolution
Recital G
Recital G
G. whereas Parliament, the Commission and the Council share political responsibility for upholding Union values, within the limits of the powers conferred on them by the Treaties; whereas an interinstitutional agreement based on Article 295 of the Treaty on the Functioning of the European Union (TFEU) would ensure the necessary arrangements to facilitate the cooperation of the three institutions in that regard; whereas, pursuant to Article 295 TFEU, any of the three institutions may propose such an agreement;
Amendment 112 #
2020/2072(INL)
Motion for a resolution
Paragraph 1
Paragraph 1
1. emphasises the urgent need for the Union to develop a robust and positive agenda for protecting and reinforcingrecalls that democracy, and the rule of law and fundamental rights for all its citizens; insists that the Union must remain a champion of freedom and justice in Europe and the worldre core components of the European civilization; stresses that these concepts are protean and can have different yet legitimate acceptations;
Amendment 119 #
2020/2072(INL)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. regrets the growing and concerning use of the procedure provided for in Article 7 TEU for political and ideological purposes;
Amendment 122 #
2020/2072(INL)
Motion for a resolution
Paragraph 2
Paragraph 2
2. warns that the Union isMember States are facing an unprecedented and escalating crisis of its founding values,migration crisis which threatens itsthe long- term survival as a democratic peace project; is gravely concerned by the rise and entrenchment of autocratic and illiberal tendencies, further compounded by the COVID-19 pandemic and economic recession, as well as corruption and state capture, in several Member States; underlines the dangers of this trend for the cohesion of the Union’s legal order, the functioning of its single market, the effectiveness of its common policies and its international credibilityof their identities, traditions and common civilization;
Amendment 141 #
2020/2072(INL)
Motion for a resolution
Paragraph 3
Paragraph 3
3. recognises that the Union remains structurally ill-equipped to tackle democratic and rule of law backsliding in the Member States; regrets the inability of the Council to make meaningful progress in enforcing Union values in ongoing Article 7 TEU procedures; notes with concern the disjointed nature of the Union’s toolkit in that fieldalready interferes with national policies on the alleged ground of democratic and rule of law backsliding in the Member States; believes that the Council is adequately enforcing Union values in ongoing Article 7 TEU procedures and insists that open procedures should be concluded shortly;
Amendment 151 #
2020/2072(INL)
Motion for a resolution
Paragraph 4
Paragraph 4
4. welcomestakes note of the Commission’s work on the Annual Rule of Law Report; notes, however, that it fails to encompass the areas of democracy and fundamental rights; reiterates the need for a comprehensive monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission to a transparent and regularised process, with clearly defined responsibilities, so that the protection and promotion of Union values becomes a permanent and visible part of the Union agendareiterates that a monitoring mechanism enshrined in a legal act binding Parliament, the Council and the Commission would be disproportionate and undemocratic as rule of law cannot be evaluated with quantitative indicators;
Amendment 156 #
2020/2072(INL)
Motion for a resolution
Paragraph 5
Paragraph 5
5. proposesrejects the proposal for the establishment of an EU mechanism on democracy, the rule of law and fundamental rights (the ‘Mechanism’), building on Parliament’s 2016 proposal and the Commission’s 2020 Rule of Law Report, to be governed by an interinstitutional agreement between Parliament, the Council and the Commission, consisting of an Annual Monitoring Cycle on Union values, covering all aspects of Article 2 TEU, and applying equally, objectively and fairly to all Member States;
Amendment 160 #
2020/2072(INL)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 175 #
2020/2072(INL)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 185 #
2020/2072(INL)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 197 #
2020/2072(INL)
Motion for a resolution
Paragraph 9
Paragraph 9
9. reaffirms the limited role of Parliament, in accordance with Article 7 TEU, in monitoring compliance with Union values; reiterates the call for Parliament to be present in Article 7 hearings when it is Parliament that initiated the procedure; believes that the Mechanism, underpinned by an interinstitutional agreement, will provide the necessary framework for better coordination;
Amendment 203 #
2020/2072(INL)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 211 #
2020/2072(INL)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 219 #
2020/2072(INL)
Motion for a resolution
Paragraph 12
Paragraph 12
12. invites the Commission and the Council to enter without delay intodecline any request for negotiations with Parliament on an interinstitutional agreement in accordance with Article 295 TFEU; considers the proposal set out in the Annex hereto to constitute an appropriate basis for such negotiations;
Amendment 220 #
Amendment 53 #
2020/2045(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the Turkey Facility is made up of two tranches of EUR 3 billion each; regrets the fact that, unlike in the first tranche 2016-2017, where the EU budgetMember States via the EU administration contributed EUR 1 billion and Member States directly provided another EUR 2 billion, in the second tranche 2018-2019 the ratio of contributions was reversed, to the detriment of existing Union projects;
Amendment 68 #
2020/2045(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Continues to expresses concerns over the limited role of Parliament in the supervision and scrutiny of the UnionMember States contributions to the EUTFs; recalls Parliament’s request to monitor the activities of the Operational Committee, and calls on the Commission to provide in good time detailed information on the decisions taken in that Committee and to ensure that Parliament is represented at its meetings;
Amendment 85 #
2020/2045(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 95 #
2020/2045(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes that the emerging security challengeproblems in the CAR will require well- targeted, flexible EU support under the NDICI-Global Europe to enhance peace and security, democratisation and strengthening democratic institutions in the CARlocal interventions by the concerned parties in order ensure that a process towards peace and stability can start in earnest;
Amendment 101 #
2020/2045(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 104 #
2020/2045(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. WelcomNotes the rapid and flexible reaction of the Trust Fund in support of partner countries and communities during the coronavirus outbreak, showing active engagement in the realignment and refocusing of activities, not only in the domain of health, but also in other areas, such as livelihoods, protection, education or social cohesion in Lebanon, Iraq, Turkey and Jordan;
Amendment 106 #
2020/2045(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Emphasises the importance of continuous support for refugees, internally displaced persons and, for vulnerable host communities and combatting asylum fraud, both inside Syria and in the wider region, affected by the continued conflict, by means of a mix of longer-term, predictable and rapidly deployable funding under instruments established for the 2021- 2027 multiannual financial framework (MFF) and potential contributions from the Member States as external assigned revenue, taking into account all financial instruments provided under the Financial Regulation;
Amendment 112 #
2020/2045(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Considers that the Trust Fund for Africa represents an important tool to provide a swift, flexible and targeted response to emerging challenges and underlines that common, global challenges, such as migration and forced displacement, the impact of climate change and economic crises in the context of the ongoing COVID-19 pandemic, make this flexibility and rapidity more necessary than everjust one tool of many to provide a response to emerging problems;
Amendment 130 #
2020/2045(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Welcomes the generallyattempt to create a stronger degree of local ownership, by the involvement of local authorities and civil society organisations (CSOs) in projects supported by the EUTF for Africa;
Amendment 144 #
2020/2045(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Notes that the EUTF for Africa made a major contribution to attempt to strengthening resilience and implementing the humanitarian-development nexus in fragile contexts; notes further that it also fosteredttempted to create cooperation between different stakeholders, and allowed contributions from non-EU donors, which in the post- Brexit context have acquired particular importance, and increased the visibility of the issue of mass-immigration and forced displacement and the EU’s lack of response to it;
Amendment 152 #
2020/2045(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 157 #
2020/2045(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. CongratulaNotes Colombia on it´s efforts, despite its own challenges with the implementation of the peace agreement, to provide support for over 1.7 million Venezuelan migrantrefugees who have fled the oppressive regime of the United Socialist Party of Venezuela in their homeland to Colombia, in particular by granting them a 10-year temporary protection status;
Amendment 158 #
2020/2045(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the involvement of the Republic of Chile as a donor in the Trust Fund; notes that the participation of regional partners is of high value added, and has increased both local recognition and the legitimation of the EU’s engagement and cooperation;
Amendment 164 #
2020/2045(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Considers that the EU FRT has proven its valuEU´s inability to handle the mas an innovative pooling tool and important csive and protracted crisis and security threat for European nations due to the massive volumes of economic immigrants floordinating mechanism for assisting Turkey in swiftly responding to the immediate humanitarian and development needs of refugees and their host communitiesg into Europe via Turkey, that the establishment of the EU FRT can only be viewed as giving in to the threats and aggressive actions from Turkey and placing the burden on the EU taxpayers to fund the legal obligations the Turkish state has towards the minority of refugees and the majority of illegal immigrants present on Turkish territory;
Amendment 173 #
2020/2045(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its deep regret that Parliament was not formally consulted or askrequested to give its approval to the creation or extension of this Facility; notes the non-transparent and undemocratic actions by the unelected administrators of the Commission and was only involved as one arm of the budgetary authority, thereby undermining thedepriving the FRT of any democratic accountability of the FRT;
Amendment 175 #
2020/2045(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Reiterates its deep regretoutrage that Parliament was not formally consulted or asked to give its approval to the creation or extension of this Facility and was only involved as one arm of the budgetary authority, thereby undermining the democratic accountability of the FRT;
Amendment 193 #
2020/2045(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its request that Turkey respect the principle of non-refoulement, in particular on the Syrian border, and that it not use the flows of refugees against the EUand assumes her full responsibility for the international agreements she has concluded and take full responsibility for all undertaken and planned illegal moments of third country nationals towards the EU external border and immediately cease all hostilities towards Greece;
Amendment 214 #
2020/2045(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 226 #
2020/2045(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to take on board the lessons learned in the establishment, management and implementation of the Trust Funds and the FRT in order to apply them to the new generation of external financial instrumentsand the last 50 years of aid and development policies funded by the Member States in order to apply them while rethinking the volumes of funds and what interventions Member States should be involved in; is of the opinion that the actions for which the taxpayers lend support must become more efficient, and the funds for aid and development must be reduced dramatically;
Amendment 239 #
2020/2045(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
Amendment 246 #
2020/2045(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 252 #
2020/2045(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 261 #
2020/2045(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. In the event of any proposed greater needs in the MFF 2021-2027, advocates increasing the NDICI-Global Europe envelope through a revision of the MFF and the NDICI- Global Europe regulations, or a strengthenstates that no increasing of the relevant NDICI- Global Europe budget lines with contributions in the form of external assigned revenue; stresses that, should a need for a duly justified new Trust Fund nevertheless arise, it insists that Parliament must be fully involved from the very outsetenvelope will be possible;
Amendment 268 #
2020/2045(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 283 #
2020/2045(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Acknowledges that cooperation wiallowing the representatives of local communities, including local religious leaders, in settings affected by conflict to be in charge of any transitional justice process or similar process is crucial to foster reconciliation, dialogue and peace;
Amendment 287 #
2020/2045(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
Amendment 85 #
2020/2028(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
Amendment 140 #
2020/2009(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Highlights the irreplaceable role of public service media and stresses that it is essential to ensure and maintain their independence from political interference; highlights that in some Member States the mainstream media only conveys a subjective leftist narrative; condemns attempts by Member State governments to silence critical media and undermine media freedom and pluralism, in particular attempts to control public service media; deplores the fact that in some Member States public broadcasting has become an example of single political party propaganda, which often excludes opposition and minority groups from society and even incites violence; stresses that safeguarding independent authorities and ensuring strong independent oversight of audiovisual media against undue state and commercial intervention is crucial;
Amendment 145 #
2020/2009(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Encourages Member States to adopt effective and clear legislation that ensures the transparency of media ownership and to pay particular attention to the funding, transparency and objectives of mainstream media outlets; to encourage social media platforms to promote a level playing field for all political, philosophical and religious beliefs in accordance with the right to freedom of expression; to condemn the practise by social media platforms of demoting, banning or demonetising social media users on the sole basis of expressing their opinion;
Amendment 248 #
2020/2009(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recalls that political profiling, disinformation and manipulation of information may be used by political parties and private or public entities, and reiterates its concern aboutthe EU should avoid imposing self-censorship on EU citizens by creating the factear that evidence of interference is continuously coming to light, often with indications of foreign influence, in the run-up to all major national and EU elections, with much of this interference benefiting anti- EU, extreme right-wingany form of criticism against the EU will be silenced and/or sanctioned; emphasises that the strategies against disinformation and propulist candidates and targeting specific minorities and vulnerable groupsaganda should not be used as a tool to prevent or stifle criticism being levelled against the EU;
Amendment 258 #
2020/2009(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Points out that different forms of misinformation and disinformation, as well as other forms of information manipulation relating to the COVID-19 pandemic, continue to proliferate around the world and have potentially harmful consequences for public security, health and effective crisis management; specifically notes that China wilfully withheld information regarding the COVID-19 pandemic, and has spread disinformation during the course of the outbreak, whilst the EEAS bowed before Chinese pressure instead of truthfully stating the extent of China's actions; recalls that all measures to combat disinformation, including those taken in the context of the COVID-19 emergency, need to be necessary, proportionate and subject to regular oversight, and may under no circumstances prevent journalists and media actors from carrying out their work or lead to content being unduly blocked on the internet;
Amendment 276 #
2020/2009(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Reminds the Commission and the Member States as well as the private sector, in particular online platforms, and civil society as a whole of the need for joint action when it comes to the fight against disinformation, and acknowledges the positive impact of the voluntary actions taken by service providers and platforms to counter disinformation; warns against the EU becoming a self-proclaimed “Ministry of Truth” and thereby limiting the freedom of expression and the right to impart information and ideas without interference by public authority; and calls on the EU to heed against the EU becoming a (counter)propaganda machine silencing all forms of opposition against its narrative;
Amendment 5 #
2020/1998(BUD)
Draft opinion
Paragraph 1
Paragraph 1
1. Acknowledges that the proposed 2021 draft budget is based on the new Commission 2021-2027 Multiannual Financial Framework (MFF) proposals of 27 May 2020 and regrets that the Council proposal of 21 July 2020 is below that revised Commission proposal (EUR-25 700 million);
Amendment 16 #
2020/1998(BUD)
Draft opinion
Paragraph 3
Paragraph 3
3. Recalls that the COVID-19 outbreak hasand Member State governments’ disproportionate measures have claimed thousands of lives in Europe and has led to an unprecedented crisis with disastrous consequences for people, families, workers and businesses, and therefore requires an unprecedented response; highlights that 2021 will be a critical year for the budget, as the first year of the 2021-2027 MFF and the first “post- COVID-19 recovery” year; highlights in particular that the budget should help improving the situation in the socialeconomic and employment areasituation, in time of unprecedented crisis following the COVID-19 pandemic;
Amendment 25 #
2020/1998(BUD)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses that the recovery efforts should boost jobs and growth, the resilience of our societies and should be complemented by a strong social dimension, addressing social and economic inequalities and the needs of those hardest hit by the crisis, particularly potentially vulnerable and disadvantaged groups, whose inclusion in the labour market must be supported and fostered; is of the opinion that the best way to combat poverty is to create jobs; calls therefore on Member States to ensure the full inclusion of vulnerable people, especially those with disabilities, in the labour market; calls on Member States to tackle child poverty and poverty in old age;
Amendment 36 #
2020/1998(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. WelcomNotes the Commission proposal to allocates in 2021 EUR 1,5 billion to the Just Transition Fund (JTF) and highlights that the JTF must play a key role in supporting the reskilling of workers;
Amendment 42 #
2020/1998(BUD)
Draft opinion
Paragraph 6
Paragraph 6
6. Welcomes the forthcoming rationalisation ofIs of the opinion that the current ESF, the YEI, the FEAD and the EaSI under the European Social Fund Plus (ESF+), which will allow to enhance synergies and reduce administrative burden; recalls that ESF + will be the main financial instrument to strengthen Europe’s social dimension, by putting the principles of the European Pillar of Social Rights into practice; draws particular attention to the key role of ESF+ in the post-pandemic phase; warns that any decrease of the budget of ESF+ risks to endanger its effective implementation and reaching its objectives; is concernhave had little effect to date and that the problems which they were created to deal with have not been tackled effectively; points out in particular that ESF bureaucracy is preventing aid programmes from being carried out effectively; stresses that the wide-ranging and complex administrative conditions are very labour-intensive and time-consuming for small organisations and that the ESF structure is geared much more to procedures than to analysis; stresses the need,, in this respect, about the draft appropriations proposed by the Commission for ESF+ in the draft budget 2021 (EUR 12 655,1 million in commitment appropriations, EUR 15 374,8 in payment appropriations)therefore, for those funds to be thoroughly rationalised and for administrative burden to be reduced;
Amendment 57 #
2020/1998(BUD)
Draft opinion
Paragraph 8
Paragraph 8
8. WelcomesNotes that, in the light of the expected increase in demand in the wake of the coronavirus pandemic, the Commission is proposaling to increase the annual funding available for EGF to EUR 386 million from 2021 onwards and is concerned that the Council proposal to limit this funding to EUR 197 million in 2021 could undermine its paramount role in offering assistance to workers who lost their job in restructuring events;
Amendment 70 #
2020/1998(BUD)
Draft opinion
Paragraph 11
Paragraph 11
11. Highlights the important contribution of the agencies in dealing with a wide range of employment, social issues and data collection; stresses that their tasks are developing and hence they must be given the necessary resources to fulfil them;Points out that, in the social and employment fields, the various agencies and bodies work in parallel and that their remits and powers overlap; is therefore calls forpromoting a thorough assessment of the new tasks assigned to the agencies and of their overall performance, with a view to ensuring appropriate and efficient budgetary allocations only; insists, in particular, for a proper staffing and financing of the European Labour Authority;
Amendment 84 #
2020/0310(COD)
Draft legislative resolution
–
–
The European Parliament rejects [the Commission proposal].
Amendment 103 #
2020/0310(COD)
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The reasoned opinions from the national parliaments of Malta, Sweden and Denmark conclude that this proposal does not comply with the principle of subsidiarity;
Amendment 130 #
2020/0310(COD)
Proposal for a directive
Recital 6
Recital 6
(6) Better working and living conditions, including through adequate minimum wages, benefit both workers and businesses in the Union and are a prerequisite for achieving inclusive and sustainable growth. Addressing large differences in the coverage and adequacy of minimum wage protection contributes to improving the fairness of the EU labour market and promote economic, social progress and upward convergence. CMember States. Addressing the coverage and adequacy of minimum wage protection is explicitly not allowed by EU Treaty law and is, therefore, not an EU competence. Wage competition in the Single Market should be based owas, in thigh social stands regards, innovation and productivione of the aims of the Treaty improvements ensuring a level playing fieldisions.
Amendment 167 #
2020/0279(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 176 #
2020/0279(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and management of the external borders of the Union, based on solidarity between Member States, which is fair towards third-country nationalscitizens of the Member States and support Member States to coordinate and cooperate to stop illegal immigration and protect the integrity of the external borders to ensure the safety of the citizens in the Member States and to protect the European way of life.
Amendment 182 #
2020/0279(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 190 #
2020/0279(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) This Regulation should contribute to that comprehensive approach by setting out a common framework for the actions of the Union and ofa proposal for cooperation between the Member States inof the field of asylum and migration management policies, by elaborating on the principle of solidarity and fair sharing of responsibility in accordance with Article 80 of the Treaty on the Functioning of the European Union (TFEU). Member States should therefore take all necessary measures, inter alia, to provide access to international protection and adequate reception conditions to those in need, to enable the effective application of the rules on determining the Member State responsible for examining an application for international protection,Union in the field of illegal migration control. Member States should therefore consider to take measures to return illegally staying third-country nationals, to prevent irregularllegal migration and unauthorised movements between them, and to provide support to other Member States in the form of solidarity contributo combat illegal migrations, as ylum fraud and otheir contribution to the comprehensive approachnected criminal acts.
Amendment 203 #
2020/0279(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The common framework should bring together the management of the Common European Asylum System and thatimprove cooperation between the Member States ofn migration policy. The objective of migration policy should be to ensure the efficient management of migration flows, the fair treatment of third-country nationals residing legally in Member States and the prevention of, and enhanced measures toprevent and combat, illegal migration and migrant smuggling.
Amendment 214 #
2020/0279(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) The common framework is needed in order to effectively address the increasing phenomenon of mixed arrivals of personA policy of non-interference with the right of Member States to protect their borders ins need of international protection and those who are not anded. This will ensure an ability to effectively address the in crecognition that the challenge of irregular arrivals of migrants in the Union should not have to be assumed by individual Member States alone, but by the Union as a whole. To ensure that Member States have the necessary tools to effectively manage this challenge in addition to applicants for international protection, irregular migrants should also fall within the scope of this Regulation. The scope of this Regulation should also include beneficiaries of international protection, resettled or admitted persons as well as persons granted immediate protectionasing levels of illegal mass-migration and hybrid warfare waged against the Member States. To ensure that Member States have the necessary tools to effectively manage this threat this Regulation shall ensure that the Commission and the European Parliament do not interfere with the sovereign rights of the Member States.
Amendment 219 #
2020/0279(COD)
Proposal for a regulation
Recital 6
Recital 6
Amendment 231 #
2020/0279(COD)
Amendment 237 #
2020/0279(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) National strategies of the Member States should include information on contingency planning and on the implementation of the principles of integrated policy-making and of solidarityto combat illegal migration and asylum fraud should include strict and practical measures to deter illegal migration and ensure that Europe can hit at the heart of the illegal migration industry. Furthermore, Member States shall be encouraged to ensure that andy fair sharing of responsibility of this Regulation and legal obligations stemming therefrom at national levelcilities for asylum claims are located in third countries, preferably in stable parts of the developing world so as to benefit both the applicants as well as the host nation that can benefit from providing this service to the asylum applicants.
Amendment 242 #
2020/0279(COD)
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) The regulation sets out how the Commission may (1) provide support to the Member States, as warranted, thereby ensuring to stop illegal mass-migration, (2) curtail third-countries' ability to aggress against the Member States by weaponising third country nationals and labelling them migrants and refugees, (3) ensure to combat asylum fraud, (4) restore the sanctity of the concept of asylum, (5) resolutely support a Member State with regard to migratory movements and incursions, and (6) ensure not to interfere with the internal affairs of the Member States dealing with all threats and consequences linked to migration;
Amendment 243 #
2020/0279(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 246 #
2020/0279(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) Bearing in mind the importance of ensuring that the Union is prepared and able to adjust to the developing and evolving realities of asylum and migration management, the Commission should annually adopt a Migration Management Report setting out the likely evolution of the migratory situation and the preparedness of the Union and the Member States to respond and adapt to it. The Report should also include the results of the reporting on monitoring foreseen in the national strategies and should propose improvements where weaknesses are apparentMember States are prepared to stop all illegal migration, the Commission should support Member States by providing a monthly update on possible illegal flows of third country nationals and asylum fraud trends.
Amendment 252 #
2020/0279(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 274 #
2020/0279(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) An effective robust and swift return policy is an essential element of a well- functioning system of Union asylum and migration management, whereby those who do not have the right to stay on Union territory should return. Given that a significant share of applications for international protection may be considered unfounded, it is necessary to reinforce the effectiveness of the return policy. By increasing the efficiency of returns and reducing the gaps between asylum and return procedures, thprotection for any nation state. Thus it is encouraged that all Member States ensure to arrange for processing of any asylum claims of third country nationals outside European soil; applicants who have registered within the Union could be detained, if deemed necessary; when there are pressure on the asylum system would decrease, facilitating the application of the rules on determining the Member State responsible for examiningasonable grounds to consider the applicant a danger to national security or public order, those applications as well as contributing to effective access to international protection for those in neednt shall be detained without delay.
Amendment 282 #
2020/0279(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) To strengthen cooperation with third countries in the area of return and readmission of illegally staying third- country nationals, it is necessary to develop a new mechanism, including all relevant EU policies and tools, to improve the coordination of the different actions in various policy areas other than migration that the Union and the Member States may take for that purpose. That mechanism should build on the analysis carried out in accordance with Regulation (EU) 810/2019 of the European Parliament and of the Council38 or of any other information available, and take into account the Union’s overall relations with the third country. That mechanism should also serve to support the implementation of return sponsorship. _________________ 38Regulation (EC) No 810/2009 of the European Parliament and of the Council of 13 July 2009 establishing a Community Code on Visas (Visa Code), OJ L 243, 15.9.2009, p. 1of illegal migrants it is necessary to focus funding and manpower at the disposal of the Commission on ensuring such migrants' prompt return.
Amendment 291 #
2020/0279(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 305 #
2020/0279(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 319 #
2020/0279(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) Given the specific characteristics of disembarkations arising in the context of search anrisk posed by so- called rescue operations conducted by Member States or private organisations whether under instruction from Member States or autonomously in the context of migration, this Regulation should provide for a specific process applicable to people disembarked following those operations irrespective of whether there is a situation of migratory pressure, Member States shall be encouraged to criminalize these organizations and combat illegal search and rescue operations.
Amendment 329 #
2020/0279(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 340 #
2020/0279(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 349 #
2020/0279(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Persons disembarked should be distributed in a proportionate manner among the Member StateAny illegal migrants that are disembarked should be detained and processed as soon as possible for return to their homeland by the Member State that allowed the disembarkation to take place. Member States that allow disembarkation should be made aware of the fact that they themselves will have to take the burden for allowing illegal migrants to enter into the EU area and it is their responsibility to prevent that the illegal migrants move to other the Member States at their own will. Member States failing this will have to face responsibility to take back illegal migrants for processing and return to their homelands.
Amendment 355 #
2020/0279(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 372 #
2020/0279(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 376 #
2020/0279(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 390 #
2020/0279(COD)
Proposal for a regulation
Recital 25
Recital 25
Amendment 420 #
2020/0279(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The voluntary solidarity mechanism should include measures to promote a fair sharing of responsibility and a balance of effort between Member States also in the area of return. Through return sponsorship, a Member State should commit to support a Member State under migratory pressure in carrying out the necessary activities to return illegally staying third-country nationals, bearing in mind that the benefitting Member State remains responsible for carrying out the return while the individuals are present on its territory. Where such activities have been unsuccessful after a period of 8 months, the sponsoring Member States should transfer these persons in line with the procedures set out in this Regulation and apply Directive 2008/115/EC; if relevant, Member States may recognise the return decision issued by the benefitting Member State in application of Council Directive 2001/4039 . Return sponsorship should form part of the common EU system of returns, including operational support provided through the European Border and Coast Guard Agency and the application of the coordination mechanism to promote effective cooperation with third countries in the area of return and readmission. _________________ 39Council Directive 2001/40/EC of 28 May 2001 on the mutual recognition of decisions on the expulsion of third country nationals, OJ L 149, 2.6.2001, p. 34.
Amendment 426 #
2020/0279(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 438 #
2020/0279(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 447 #
2020/0279(COD)
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) Member States should be able to make voluntary contributions if a Member State experiences migratory pressure, for example by providing assistance for protecting their external borders.
Amendment 450 #
2020/0279(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 461 #
2020/0279(COD)
Proposal for a regulation
Recital 31
Recital 31
Amendment 468 #
2020/0279(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) A Member State should be able to takemay, at its own initiative or at the request of another Member State, other solidarity measures on a voluntary basidecide to take measures to assist that Member State in addressing the migratory situation or to prevent migratory pressure. Those contributions should include measures aimed at strengthening the capacity of the Member State under pressure or at responding to migratory trends through cooperation with third countries. In addition, such solidarity measures should include relocation of third-country nationals that are in the border procedure as well as illegally staying third-country nationals. In order to incentivise voluntary solidarity, wherass-migratory threat, however the principal responsibility shall always remain with the Member States make voluntary contributions in the form of relocation or return sponsorship, those contributions should be taken into account in the implementing act provided for in respect of situations of migratory pressure affected.
Amendment 479 #
2020/0279(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 493 #
2020/0279(COD)
Proposal for a regulation
Recital 35
Recital 35
Amendment 499 #
2020/0279(COD)
Proposal for a regulation
Recital 36
Recital 36
Amendment 504 #
2020/0279(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 512 #
2020/0279(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) In order to limit unauthorised movements and to ensure that the Member States have the necessary tools to ensure transfers of beneficiaries of international protection who entered the territory of another Membe, all third country nationals with no legal rights to enter or Sstate thay in the Member State responsible without fulfilling the conditions of stay in that other Member State to the Member State responsible, and to ensure effective solidarity between Member States, this Regulation should also apply to beneficiaries of international protection. Likewise, this Regulation should apply to persons resettled or admitted by a Member State in accordance with Regulation (EU) XXX/XXX [Union Resettlement Framework Regulation] or who are granted international protection or humanitarian status under a national resettlement schemes should be detained until they can be returned to their country of origin or transferred to an asylum center in a third country.
Amendment 519 #
2020/0279(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 523 #
2020/0279(COD)
Proposal for a regulation
Recital 40
Recital 40
Amendment 532 #
2020/0279(COD)
Proposal for a regulation
Recital 43
Recital 43
(43) In accordance with the 1989 United Nations Convention on the Rights of the Child and with the Charter of Fundamental Rights of the European Union, the best interests of the child should be a primaryn important consideration of Member States when applying this Regulation. In assessing the best interests of the child, Member States should, in particular, take due account of the minor’s well-being and social development, safety and security considerations and the views of the minor in accordance with his or , this entails a swift reunification with their age and maturity, including his or her background. In addition, specific procedural guarantees for unaccompanied minors should be laid down on account of their particular vulnerabilitfamily and/or representative in or near their home country.
Amendment 541 #
2020/0279(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) In accordance with the European Convention for the Protection of Human Rights and Fundamental Freedoms and with the Charter of Fundamental Rights of the European Union, respect for family life should be athe safety of the Member States citizens, their family life and their European way of life, as well as for right to self-determination of the peoples of the Member States, should be the primary considerations of Member States when applying this Regulation.
Amendment 552 #
2020/0279(COD)
Proposal for a regulation
Recital 45
Recital 45
(45) In order to prevent that persons who represent a security risk are transferred among the Member States, it is necessary to ensure that the Member State where an application is first registered does not apply the responsibilty criteria or the benefitting Member State does not apply the relocation procedure where there are reasonable grounds to consider the person concerned a danger to national security or public orderfree to travel within the EU, they should be promptly apprehended by the Member State concerned and placed in a high security facility awaiting deportation to their home country.
Amendment 556 #
2020/0279(COD)
Proposal for a regulation
Recital 46
Recital 46
Amendment 564 #
2020/0279(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) The definition of a family member in this Regulation should include the sibling or siblings of the applicant. Reuniting siblings is of particular importance for improving the chances of integration of applicants and hence reducing unauthorised movements. The scope of the definition of family memberis recommended to include one legal shpould also reflect the reality of current migratory trends, according to which applicants often arrive to the territory of the Member States after a prolonged period of time in transit. The definition should therefore include families formed outside the country of origin, but before their arrival on the territory of the Member State. This limited and targeted enlargement of the scope of the definition is expected to reduce the incentive for some unauthorised movements of asylum seekers within the EUse and the children (biological or adopted), at the discretion of each Member State.
Amendment 571 #
2020/0279(COD)
Proposal for a regulation
Recital 48
Recital 48
Amendment 580 #
2020/0279(COD)
Proposal for a regulation
Recital 49
Recital 49
Amendment 589 #
2020/0279(COD)
Proposal for a regulation
Recital 50
Recital 50
Amendment 601 #
2020/0279(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) Considering that a Member State should remain responsible for a person who has irregularllegally entered its territory, it is also necessary to include the situation when the person enters the territory illegally following a search and rescue operation. A derogation from this responsibility criterion should be laid down for the situation where a Member State has relocated persons having crossed the external border of another Member State irregularly or following a search and rescue operation. In such a situation, the Member State of relocation should be responsibile if the person applies for international protectionn operation by states or third parties at sea due to coercion from the illegal migrants and/or smugglers.
Amendment 603 #
2020/0279(COD)
Proposal for a regulation
Recital 52
Recital 52
Amendment 618 #
2020/0279(COD)
Proposal for a regulation
Recital 54
Recital 54
Amendment 631 #
2020/0279(COD)
Proposal for a regulation
Recital 56
Recital 56
(56) In order to guarantee effective protection of the rights of the persons concerned, legal safeguards and the right to an effective remedy in respect of decisions regarding transfers to the Member State responsible should be established, in accordance, in particular, with Article 47 of the Charter of Fundamental Rights of the European Union. In order to ensure that international law is respected, an effective remedy against such decisions should cover both the examination of the application of this Regulation and of the legal and factual situation in the Member State to which the applicant is transferred. The scope of the effective remedy should be limited to an assessment of whether applicants' fundamental rights to respect of family life, the rights of the child, or the prohibition of inhuman and degrading treatment risk to be infringed uponcitizens of the Member States it is proposed that the Member State concerned ensures that all third country nationals who illegally enter are detained in safe facilities awaiting their removal from the Member State.
Amendment 637 #
2020/0279(COD)
Proposal for a regulation
Recital 57
Recital 57
Amendment 641 #
2020/0279(COD)
Proposal for a regulation
Recital 58
Recital 58
Amendment 649 #
2020/0279(COD)
Proposal for a regulation
Recital 59
Recital 59
(59) The detention of applicants should be applied in accordance with the underlying principle that a person should not be held in detention for the sole reason that he or she is seeking international protection. Detention should be for as short a period as possible and subject to the principles of necessity and proportionality thereby only being allowed as a measure of last resort. In particular, the detention of applicants must be in accordance with Article 31 of the Geneva Convention. The procedures provided for under this Regulation in respect of a detained person should be applied as a matter of priority, within the shortest possible deadlines. As regards the general guarantees governing detention, as well as detention conditions, where appropriate, Member States should apply the provisions of Directive XXX/XXX/EU [Reception Conditions Directive] also to persons detained on the basis of this Regulationillegal migrants and/or applicants should be applied in accordance with the underlying principle that a person should be detained for as short a period as possible.
Amendment 657 #
2020/0279(COD)
Proposal for a regulation
Recital 60
Recital 60
Amendment 660 #
2020/0279(COD)
Proposal for a regulation
Recital 61
Recital 61
Amendment 663 #
2020/0279(COD)
Proposal for a regulation
Recital 62
Recital 62
Amendment 672 #
2020/0279(COD)
Proposal for a regulation
Recital 63
Recital 63
(63) To support Member States who undertake relocation as a solidarity measure, financial support from the Union budget should be provided. In order to incentivise Member States to give prioritexperience large volumes of illegal border crossings, other Member States may, if they tso the relocation of unaccompanied minors a higher incentive contribution should be providewish, support with funds, personnel or material the effort to stop illegal migration and asylum fraud.
Amendment 683 #
2020/0279(COD)
Proposal for a regulation
Recital 65
Recital 65
Amendment 685 #
2020/0279(COD)
Proposal for a regulation
Recital 66
Recital 66
Amendment 691 #
2020/0279(COD)
Proposal for a regulation
Recital 68
Recital 68
(68) The operation of the Visa Information System, as established by Regulation (EC) No 767/2008 of the European Parliament and of the Council46 , and in particular the implementation of Articles 21 and 22 thereof, should facilitate the application of this Regulationshould facilitate the important work of securing the borders for the Member States. _________________ 46Regulation (EC) No 767/2008 of the European Parliament and of the Council of 9 July 2008 concerning the Visa Information System (VIS) and the exchange of data between Member States on short-stay visas, OJ L 218, 13.8.2008, p. 60.
Amendment 693 #
2020/0279(COD)
Proposal for a regulation
Recital 69
Recital 69
(69) With respect to the treatment of persons falling within the scope of this Regulation, Member States are bound by their obligations primarily to their own citizens to ensure rule of law, a safe and secure environment, protection of their culture and the European way of life under instruments of international law, including the relevant case-law of the European Court of Human Rights.
Amendment 699 #
2020/0279(COD)
Proposal for a regulation
Recital 71
Recital 71
Amendment 700 #
2020/0279(COD)
Proposal for a regulation
Recital 72
Recital 72
Amendment 709 #
2020/0279(COD)
Proposal for a regulation
Recital 73
Recital 73
Amendment 721 #
2020/0279(COD)
Proposal for a regulation
Recital 77
Recital 77
(77) This Regulation respects the fundamental rights and observes the principles which are acknowledged, in particular, in the Charter of Fundamental Rights of the European Union. In particular, this Regulation seeks to ensure full observance of the right to asylum guaranteed by Article 18 of the Charterself- determination of the citizens of the Member States, as well as their rights recognised under Articles 1, 4, 7, 24 and 47 thereof. This Regulation should therefore be applied accordingly to a secure and safe environment and the preservation of their cultures and way of life.
Amendment 722 #
2020/0279(COD)
Amendment 735 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 739 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) sets out a common framework for the management of asylum andpplications in the Union and the prevention of illegal migration into the Union;
Amendment 747 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) establishes a mechanism for voluntary solidarity;
Amendment 749 #
2020/0279(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) lays down the criteria and mechanismsdetermines that the Member State responsible for examining an application for deintermining the Member State responsible for examining an application for international protectionnational protection is ordinarily the Member State of first entry; provides guidelines for Commission support, if requested by a Member State, by ensuring that all funds allocated are used to prevent illegal mass-migration; facilitates the prompt return of illegal migrants.
Amendment 752 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘third-country national’ means any person who is not a citizen of the Uniona Member State within the meaning of Article 20(1) of the Treaty and who is not a person enjoying the right to free movement under Union law as defined in Article 2, point (5) of Regulation (EU) 2016/399 of the European Parliament and of the Council53 ; _________________ 53Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March 2016 on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p. 1.
Amendment 753 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point a a (new)
Article 2 – paragraph 1 – point a a (new)
(aa) ‘illegal migrant’ means any third- country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third- country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.
Amendment 756 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘application for international protection’ or ‘application’ means a request for protection made to a Member State by a third-country national or a stateless person, who can be understood as seeking refugee status, or a person seeking subsidiary protection status but only in cases where protection could not be granted in the region, 'international protection' as defined in this Regulation does not include humanitarian visas issued by a Member State on a discretionary basis;
Amendment 768 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘applicant’ means a third-country national or a stateless person who has made an application for international protection in respect of which a decision has not been takenwithout illegally entering a Member State, or has been taken and is either subject to or can still be subject to a remedy in the Member State concerned, irrespective of whether the applicant has a right to remain or is allowed to remain in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation], including a person who has been granted immediate protection pursuant to Regulation (EU) XXX/XXX [Regulation addressing situations of crisis and force majeure in the field of asylum and migration];
Amendment 769 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) 'child' means a minor under the age of 13,
Amendment 770 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘examination of an application for international protection’ means examination of the admissibility or the merits of an application for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedure Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation], excluding procedures for determining the Member State responsible in accordance with this Regulationapplicable United Nation conventions currently in force;
Amendment 776 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘beneficiary of international protection’ means a third-country national or a stateless person who has been granted international protection as defined in Article 2(2) of Regulation (EU) XXX/XXX [Qualification Regulation]by the respective Member State;
Amendment 781 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – introductory part
Article 2 – paragraph 1 – point g – introductory part
(g) ‘family members’ means, insofar as the family already existed before the applicant or the family member arrived on the territory of the Member States, the following members of the applicant’s family who are present on the territory of the Member States, and with whom there is a well-proven family link:
Amendment 787 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point i
Article 2 – paragraph 1 – point g – point i
(i) the spouse of the applicant or his or her unmarried partner in a stable relationship, where the law or practice of, only where the country of origin and the Member State concerned treats unmarried couples in a way comparable to married couples under its law relating to third-country ncognises the marriage in accordance with its national legislationals,
Amendment 795 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point iii
Article 2 – paragraph 1 – point g – point iii
(iii) where the applicant is a minor and unmarried, the father, mother or another adult legally responsible for the applicant, whether by law or by the practice of the Member State where the adult is present,
Amendment 806 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point g – point v
Article 2 – paragraph 1 – point g – point v
Amendment 820 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘minor’ means a third-country national or a stateless person below the age of 18 years but over the age of 13;
Amendment 821 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'unaccompanied child' means a minor under the age of 13 who arrives on the territory of the Member States unaccompanied by an adult responsible for him or her, whether by law or by the practice of the Member State concerned, and for as long as he or she is not effectively taken into the care of such an adult; it includes a minor under the age of 13 who is left unaccompanied after he or she has entered the territory of Member States;
Amendment 826 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point k
Article 2 – paragraph 1 – point k
(k) ‘representative’ means a person or an organisation appointed by the competent bodies in order to assist and represent an unaccompanied minor or child in procedures provided for in this Regulation with a view to ensuring the best interests of the child and exercising legal capacity for the minor or child where necessary;
Amendment 832 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
Amendment 841 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point p
Article 2 – paragraph 1 – point p
(p) ‘absconding’ means the action by which an applicant does not remain available to the competent administrative or judicial authorities, such as by repeatedly failing to respond to official requests or by leaving the territory of the Member State without authorisation from the competent authorities for reasons which are not beyond the applicant’s control;
Amendment 857 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point s
Article 2 – paragraph 1 – point s
(s) ‘contributing Member State’ means a Member State that contributes or is obliged to contribute to the solidarity measures to a benefitting Member State set out in Chapters I-III of Part IV of this Regulation;
Amendment 888 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point w a (new)
Article 2 – paragraph 1 – point w a (new)
(wa) ‘massive illegal migration threat’ means a situation where there is a large number of illegal migrants, or a risk of such individuals appearing, in a Member State and the specific developments in third countries which generate mass illegal migration flows;
Amendment 893 #
2020/0279(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point aa
Article 2 – paragraph 1 – point aa
(aa) ‘illegally staying third-country national’ means a third-country national who does not fulfil or no longer fulfils the conditions of entry as set out in Article 6 of Regulation (EU) 2016/399 or other conditions for entry, stay or residence in a Member State, and who must be returned to his or her country of origin without delay.
Amendment 912 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Amendment 916 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) mutually-beneficial partnerships and close cooperation with relevant third countries, including on legal pathways for third-country nationals in need of international protection and for those otherwise admitted to reside legally in the Member States addressing the root causes of irregular migration, supporting partners hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting irregular migration and migrant smuggling, and enhancing cooperation on readmission;addressing illegal migration with relevant third countries, supporting countries hosting large numbers of migrants and refugees in need of protection and building their capacities in border, asylum and migration management, preventing and combatting illegal migration and migrant trafficking and smuggling, and enhancing cooperation on readmission, including making development aid to third countries conditional upon the effective implementation of readmission agreements1a; the Commission shall, in this regard, ensure that, in all its dealings with the authorities of third countries, it supports all initiatives and policies of the Member States aimed at combatting illegal immigration, returning illegal migrants, countering the weaponisation of illegal migrants, and preventing asylum fraud; _________________ 1aParticularly in accordance with resolution of the European Parliament of 25 November 2020 on improving development effectiveness and the efficiency of aid.
Amendment 924 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) close cooperation and mutual partnership among Union institutions and bodies, Member States andbetween Member States, and if so requested, assisted where necessary by the Commission; the Commission shall ensure that it supports the Member States' efforts in all international forganisationsa such as, but not limited to, the United Nations and the OSCE;
Amendment 931 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) full implementarespect for the sovereignty of Member States and recognition that border protection ofand the common visa policydecision to grant or refuse visas for third country nationals is a national competence;
Amendment 935 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point d
Article 3 – paragraph 1 – point d
(d) effective management and prevention of irregularprevention of illegal migration and support from the Commission to ensure that any funds received including development and/or emergency aid is strictly conditioned on full compliance with all requests from Member States in their work to end illegal migration;
Amendment 944 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) effective management of the Union’s external borders, based on the European integrated border management which includes support to Member States that face severe migratory pressure and, as a result, need to erect physical barriers at the external border of the Union;
Amendment 953 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) full respect of the obligations laid down in international and European lawlegally binding international instruments concerning persons rescued at sea;
Amendment 958 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) access to procedures for granting and withdrawing international protection on Union territory and recognition of third- country nationals or stateless persons as refugees or beneficiaries of subsidiary protection;
Amendment 962 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point h
Article 3 – paragraph 1 – point h
(h) determination of the Member State responsible for the examination of an application for international protection, based on shared responsibility and rules and mechanism; if a Member State fails in their primary duty to uphold the integrity of the national border, any and all third country nationals that enter the EU zone for the first time will be that Member Sate's responsibility. If other Member States would like to show solidarity in the defence of that Member State's border, they are encouraged to do so; Member States are especially encouraged to provide support if that Member State's fbor solidarityder coincides at any distance with the external border, and that Member State has applied active and robust preparatory measures against illegal migration, the weaponisation of illegal migration, and asylum fraud;
Amendment 969 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point i
Article 3 – paragraph 1 – point i
(i) access for applicants to adequate reception conditions; Member States are encouraged to outsource and locate any asylum reception facilities to an appropriate third country; preferably, the third country shall be located geographically so that the carbon footprint of the facility used is as light as possible and that the investment can benefit the development of the hosting nation; where possible, the location should also be in the proximity of the country of origin to facilitate their return home;
Amendment 980 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point j
Article 3 – paragraph 1 – point j
(j) effective management of thed swift return of illegally staying third-country nationals;
Amendment 982 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point k
Article 3 – paragraph 1 – point k
(k) effective measures to provide incentives for and support to the integration of beneficiaries of international protection in the Member Statesensure that refugees are hosted in the region close to their country of origin, and in cases where refugees have been granted asylum in a Member State, effective measures to ensure that those who have been granted international protection can return to their country of origin once it is safe to do so;
Amendment 989 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point l
Article 3 – paragraph 1 – point l
(l) measures aimed at reducing and tackling the enabling and pull factors of irregularllegal migration to and illegal stay in the Union, including illegal employment, asylum fraud, as well as conditions that enable third countries to weaponise migration;
Amendment 992 #
2020/0279(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point m
Article 3 – paragraph 1 – point m
(m) full deployment and use of the operational tools set up at Union level, notably the European Border and Coast Guard Agency, the Asylum Agency, EU- LISA and Europol, as well as large-scale Union Information Technology systems to offer any assistance requested by the Member States to combat illegal migration, asylum fraud and hybrid attacks on the Member States;
Amendment 1003 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Union and Member States shall, as far as possible and within the limits of proportionality and subsidiarity, with full respect for the sovereignty of Member States, ensure coherence of asylum and migration management policies, including both the internal and external components of those policies.
Amendment 1007 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. Member States shall ensure the protection of their external borders against any and all foreign incursions, including illegal migration, hybrid attacks and asylum fraud.
Amendment 1011 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. The Union and Member States, acting within their respective competencissisted by the Union and in full respect of the sovereignty of the Member States, shall be responsible for the implementation of the asylum and migration management policies.
Amendment 1015 #
2020/0279(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States, with the support of Union Agencies, shall ensure that they have the capacity to effectively implement asylum and migration management policies, taking into account the comprehensive approach referred to in Article 3, including the necessary human and financial resources and infrastructure.prevent illegal migration, as well as to deter asylum fraud and the weaponisation of migration;
Amendment 1020 #
2020/0279(COD)
Proposal for a regulation
Article 5 – title
Article 5 – title
Principle of svolidarity and fair sharing of responsibiluntary solidarity
Amendment 1022 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. In implementing their obligations, the Member States shall observe the principle of solidarity and fair sharing of responsibility and shall take into account the shared interest in the effective functioning of the Union’s asylum and migration management policies. Member States shall:
Amendment 1038 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) establish and maintain national asylum and migration management systems that provide access to international protectionasylum procedures, grant such protection to those who are in need and ensure the effective and immediate return of those who are illegally staying;
Amendment 1045 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) take all measures necessary and proportionate to reduce and prevent irregularllegal migration to the territories of the Member States, in close cooperation and partnership with relevant third countries by making development aid conditional upon the effective implementation of readmission agreements, including as regards the prevention and fight against migrant smuggling, particularly by NGOs operating under the guise of "search and rescue";
Amendment 1054 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) remove any pull factors that attract more illegal migration to the Union or that create migratory pressure on another Member States ' external borders by adapting their domestic law as appropriate;
Amendment 1066 #
2020/0279(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) provide voluntary support to other Member States in the form of solidarityfinancial or other contributions on the basis of needs set out in Chapters I-III of Part IV;
Amendment 1089 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The Commission shall adopt a European Asylum and Migration Management Strategy setting out the strategic approach to managing asylum and preventing illegal migration at Union level and on the implementation of asylum and migration management policies in accordance with the principles set out in this Part. The Commission shall transmit the Strategy to the European Parliament and the Council.
Amendment 1095 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
Amendment 1103 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 2 – point c
Article 6 – paragraph 2 – point c
(c) relevant reports and analyses from Union agencies;nd other international agencies; in this regard the Member States shall consider setting up a migratory observatory as a permanent function within the OSCE in order to have a better understanding of illegal flows of third country nationals and hybrid warfare preparations that weaponise third country nationals through asylum fraud and other methods in relation to illegal migration.
Amendment 1117 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Member States shall have national strategies in place to ensure sufficient capacity for the implementation of an effective asylum and migration management system in accordance with the principles set out in this Part. Those strategies shall include contingency planning at national level, taking into account the contingency planning pursuant to Regulation (EU) XXX/XXX [European Union Asylum Agency], Regulation (EU) 2019/189656 (European Border and Coast Guard Agency) and Directive XXX/XXX/EU [Reception Conditions Directive] and the reports of the Commission issued within the framework of the Migration Preparedness and Crisis Blueprint. Such national strategies shall include information on how the Member State is implementing the principles set out in this Part and legal obligations stemming therefrom at national level. They shall take into account other relevant strategies and existing support measures notably under Regulation (EU) XXX/XXX [Asylum and Migration Fund] and Regulation (EU) XXX/XXX [European Union Asylum Agency] and be coherent with and complementary to the national strategies for integrated border management established in accordance with Article 8(6) of Regulation (EU) 2019/1896. The results of the monitoring undertaken by the Asylum Agency and the European Border and Coast Guard Agency, of the evaluation carried out in accordance with Council Regulation No 1053/2013 as well as those carried out in line with Article 7 of Regulation (EU) XXX/XXX [Screening Regulation], should also be taken into account in these strategies. _________________ 56Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard and repealing Regulations (EU) No 1052/2013 and (EU) 2016/1624, OJ L 295, 14.11.2019, p. 1to protect their borders and for a robust response to illegal migration.
Amendment 1124 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. The Commission shall adopt a Migration Management Report each year setting out the anticipated evolution of the migratory situation and the preparedness of the Union and the Member States. In the case of migratory flows generated by search and rescue operations, the Commission shall consult the concerned Member States and the Report shall set out the total number of projected disembarkations in the short term and the solidarity response that would be required to contribute to the needs of the Member States of disembarkation through relocation and through measures in the field of capacity building, operational support and measures in the field of the external dimension. The Report shall also indicate whether particular Member States are faced with capacity challenges due to the presence of third-country nationals who are vulnerable and include the results of the reporting on monitoring listed in paragraph 3 including the information gathered within the framework of the Migration Preparedness and Crisis Blueprint and propose improvements where appropriate.
Amendment 1130 #
2020/0279(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
Amendment 1160 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Where the Commission considers it appropriate, it shall also identify in its report measures designed to promote cooperation among the Member States to facilitate the return of illegal staying third- country nationals, including withholding development aid and other forms of financial and non-financial assistance from a third country as long cooperation is lacking.
Amendment 1166 #
2020/0279(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. On the basis of the report referred to in paragraph 1, the Commission and the Council, within their respective competencies, shall consider the appropriate actions taking into account the Union’s overall relations with the third country including withholding development aid or other forms of funding.
Amendment 1176 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Only a Member States shall is competent to decide and examine any application for international protection by a third-country national or a stateless person who applies on the territory of any one of them, including at the border or in the transit zones. The application shall be examined by a single Member State, which shall be the one which the criteria set out in Chapter II of Part III indicate is responsibleand it shall be done in line with that particular Member State's laws and policies with no interference from the Commission, the European Parliament or any other EU institution.
Amendment 1182 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. Where no Member State responsible can be designated on the basis of the criteria listed in this Regulation, tThe first Member State in which the application for international protection was registered shall be responsible for examining it.
Amendment 1191 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1214 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 4 – subparagraph 2
Article 8 – paragraph 4 – subparagraph 2
Where the security check carried out in accordance with Article 11 of Regulation (EU) XXX/XXX [Screening Regulation] or in accordance with the first and second subparagraphs of this paragraph shows that there are reasonable grounds to consider the applicant a danger to national security or public order of the Member State carrying out the security check, that Member State shall be the Member State responsiblemay return the applicant to the country of origin without delay.
Amendment 1221 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5
Article 8 – paragraph 5
5. Each Member State shall retain the right to send an applicant to a safe third country, subject to the rules and safeguards laid down inif he or she has entered the territory of any Member State illegally or by using force, as well as under Regulation (EU) XXX/XXX [Asylum Procedure Regulation].
Amendment 1222 #
2020/0279(COD)
Proposal for a regulation
Article 8 – paragraph 5 a (new)
Article 8 – paragraph 5 a (new)
5a. Each Member State shall retain the right to deny entry and push back any potential applicant attempting to enter and to push back any applicant having entered its territory from a safe third country or by having traversed a safe third country;
Amendment 1227 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Where a third-country national or stateless person intends, after legally entering the territory of a Member State of the Union, to make an application for international protectionasylum, the application shall be made and registered in the Member State of first entry.
Amendment 1231 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. By derogation from paragraph 1, where a third-country national or stateEach Member State may determine ruless person is in possession of a valid residence permit or a valid visa, the application shall be made and registered in the Member State that issued the residence permit or visataining to illegal migrants and/or asylum applicants as they see fit.
Amendment 1242 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The applicant shall fully cooperate with the competent authorities of the Member States in matters covered by this Regulation, in particular by submitting as soon as possible and at the latest during the interview referred to in Article 12, all the elements and information available to him or her relevant for determining the Member State responsible. Where the applicant is not in a position at the time of the interview to submit evidence to substantiate the elements and information provided, the competent authority may set a time limit within the period referred to in Article 29(1) for submitting such evidenceprocessing his or her application.
Amendment 1248 #
2020/0279(COD)
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1259 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The applicant shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State other than the one in which he or she is required to be present pursuant to Article 9(4) of this Regulation if he or she entered the territory of a Member State illegally or by using force, and pursuant to Article 9(4) of this Regulation from the moment he or she has been notified of a decision to transfer him or her to the Member State responsible, provided that the applicant has been informed of that consequence pursuant to Article 8(2), point (b) of Regulation (EU) XXX/XXX [Screening Regulation]. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1262 #
2020/0279(COD)
Proposal for a regulation
Article 10 – paragraph 1 a (new)
Article 10 – paragraph 1 a (new)
1a. Any applicant, who has entered the territory of a Member State illegally, shall not be entitled to the reception conditions set out in Articles 15 to 17 of Directive XXX/XXX/EU [Reception Conditions Directive] pursuant to Article 17a of that Directive in any Member State. This shall be without prejudice to the need to ensure a standard of living in accordance with Union law, including the Charter of Fundamental Rights of the European Union, and international obligations.
Amendment 1271 #
Amendment 1329 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 1 – point k a (new)
Article 11 – paragraph 1 – point k a (new)
(ka) where applicable, of an age assessment, including by established medical methods, of an applicant or a DNA-test to prove a family-link;
Amendment 1335 #
2020/0279(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 1362 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. In order to facilitate the process of determining the Member State responsible, the determining Member State of first entry shall conduct a personal interview with the applicant. The interview shall also allow the proper understanding of the information supplied to the applicant in accordance with Article 11.
Amendment 1366 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) the applicant fails to produce identification and there are reasonable grounds to believe that such failure has been caused by the applicant;
Amendment 1376 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The personal interview shall take place in a timmmediately manner and, in any event, before any take charge request is made pursuant to Article 29d close to where the applicant entered the territory of a Member State.
Amendment 1378 #
2020/0279(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The personal interview shall be conducted in a language that the applicant understands or is reasonably supposed to understand and in which he or she is able to communicate. Interviews of unaccompanied minorschildren shall be conducted in a child-friendly manner, by staff who are appropriately trained and qualified under national law, in the presence of the representative and, where applicable, the minorchild’s legal advisor. Where necessary, Member States shall have recourse to an interpreter, and where appropriate a cultural mediator, who is able to ensure appropriate communication between the applicant and the person conducting the personal interview. The applicant may request to be interviewed and assisted by staff of the same sex.
Amendment 1395 #
Amendment 1396 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. The best interests of the child shall be a primaryand minor shall be an important consideration for Member States with respect to all procedures provided for in this Regulation, as long as the minor did not engage in acts of violence towards other persons or property in the Member State(s). If such violent acts are committed, any special treatment due to age might be revoked at the discretion of the responsible Member State.
Amendment 1401 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1 a (new)
Article 13 – paragraph 1 a (new)
Amendment 1402 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 1 b (new)
Article 13 – paragraph 1 b (new)
1b. Member States are encouraged to ensure the swift and appropriate safe placement of children while awaiting family reunification and the return to their home countries or placement in the region close to their home.
Amendment 1408 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – introductory part
Article 13 – paragraph 2 – introductory part
2. Each Member State where an unaccompanied minorchild is present shall ensure that he or she is represented and assisted by a representative with respect to the relevant procedures provided for in this Regulation. The representative shall have the qualifications, training and expertise to ensure that the best interests of the minor are taken into consideration during the procedures carried out under this Regulation. Such representative shall have access to the content of the relevant documents in the applicant’s file including the specific information material for unaccompanied minors.children
Amendment 1409 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 2 – subparagraph 1
Article 13 – paragraph 2 – subparagraph 1
Where an organisation is appointed as a representative, it shall designate a person responsible for carrying out its duties in respect of the minorchild. The first subparagraph shall apply to that person.
Amendment 1420 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The representative of an unaccompanied minorchild shall be involved in the process of establishing the Member State responsible under this Regulation. The representative shall assist the unaccompanied minorchild to provide information relevant to the assessment of his or her best interests in accordance with paragraph 4, including the exercise of the right to be heard, and shall support his or her engagement with other actors, such as family tracing organisations, where appropriate for that purpose.
Amendment 1441 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point b
Article 13 – paragraph 4 – point b
(b) the minorchild’s well-being and social development, taking into particular consideration the minorchild’s background;
Amendment 1450 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point c
Article 13 – paragraph 4 – point c
(c) safety and security considerations, in particular where there is a risk of the minor or child being a victim of any form of violence and exploitation, including trafficking in human beings;
Amendment 1457 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point d
Article 13 – paragraph 4 – point d
(d) the views of the minor or child, in accordance with his or her age and maturity;
Amendment 1462 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 4 – point e
Article 13 – paragraph 4 – point e
(e) where the applicant is an unaccompanied minorchild, the information provided by the representative in the Member State where the unaccompanied minorchild is present.
Amendment 1466 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
Amendment 1476 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 6 – introductory part
Article 13 – paragraph 6 – introductory part
6. For the purpose of applying Article 15, the Member State where the unaccompanied minor or child’s application for international protection was registered shall, as soon as possible, take appropriate action to identify the family members or relatives of the unaccompanied minor or child on the territory of Member States, whilst protecting the best interests of the child.
Amendment 1490 #
2020/0279(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. With a view to facilitating the appropriate action to identify the family members or relatives of the unaccompanied minor or child living in the territory of another Member State pursuant to paragraph 6, the Commission shall adopt implementing acts including a standard form for the exchange of relevant information between Member States. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 67(2).
Amendment 1496 #
2020/0279(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Member State responsible in accordance with the criteria set out in this Chapter shall be determined on the basis of the situation obtaining when the application for international protection was first registered with a Member Stateshall be the Member State of first entry.
Amendment 1504 #
Amendment 1523 #
2020/0279(COD)
Proposal for a regulation
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 1532 #
2020/0279(COD)
Proposal for a regulation
Article 16
Article 16
Amendment 1539 #
2020/0279(COD)
Proposal for a regulation
Article 17
Article 17
Amendment 1542 #
2020/0279(COD)
Proposal for a regulation
Article 18
Article 18
Amendment 1545 #
2020/0279(COD)
Proposal for a regulation
Article 19
Article 19
Amendment 1555 #
2020/0279(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 1557 #
2020/0279(COD)
Proposal for a regulation
Article 20
Article 20
Amendment 1574 #
2020/0279(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
1. Where it is established, on the basis of proof or circumstantial evidence as described in the two lists referred to in Article 30(4) of this Regulation, including the data referred to in Regulation (EU) XXX/XXX [Eurodac Regulation], that an applicant has irregularllegally crossed the border into a Member State by land, sea or air having come from a third country, the first Member State thus entered shall be responsible for examining the application for international protection. That responsibility shall cease if the application is registered more than 3 years after the date on which that border crossing took placeapplicant can be returned to the third country in question or the applicant's country of origin. Member States are under no obligation to consider an application for asylum where the applicant illegally entered the Member State in question.
Amendment 1577 #
2020/0279(COD)
Proposal for a regulation
Article 21 – paragraph 3
Article 21 – paragraph 3
Amendment 1584 #
2020/0279(COD)
Proposal for a regulation
Article 22
Article 22
Amendment 1654 #
2020/0279(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. For the purposes of this Regulation, the situation of a minor or child who is accompanying the applicant and meets the definition of family member shall be indissociable from that of his or her family member and the minor or child shall be taken charge of or taken back by the Member State responsible for examining the application for international protection of that family member, even if the minor is not individually an applicant, unless it is demonstrated that this is not in the best interests of the child. The same principle shall be applied to children born after the applicant arrives on the territory of the Member States, without the need to initiate a new procedure for taking charge of them.
Amendment 1673 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 1 a (new)
Article 28 – paragraph 1 a (new)
1a. The process of determining the Member State responsible takes place, in case the applicant has crossed the border by land, in facilities close to the point of entry or close to the border, which are equipped to register and process applications without delay; in case the applicant has entered by land or by the sea the determination shall take place at the port or the airport;
Amendment 1682 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 4 – introductory part
Article 28 – paragraph 4 – introductory part
4. An applicant who is present in another Member State without a residence document or who there makes an application for international protection during the process of determining the Member State responsible, shall be taken back, under the conditions laid down in Articles 31 and 35, by the Member State with which that application was first registeredcan be returned to his or her country of origin. Freedom of movement within the EU does not apply to applicants for asylum.
Amendment 1684 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 4 – subparagraph 1
Article 28 – paragraph 4 – subparagraph 1
Amendment 1686 #
2020/0279(COD)
Proposal for a regulation
Article 28 – paragraph 5
Article 28 – paragraph 5
Amendment 1688 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – introductory part
Article 29 – paragraph 1 – introductory part
1. If, after having established the identity of the applicant, a Member State where an application for international protection has been registered considers that another Member State is responsible for examining the application, it shall, without delay and in any event within two months of the date on which the application was registered, request that other Member State to take charge of the applicant.
Amendment 1708 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 3
Article 29 – paragraph 1 – subparagraph 3
Where the applicant is an unaccompanied minorchild, the determining Member State may, where it considers that it is in the best interest of the minorchild, continue the procedure for determining the Member State responsible and request another Member State to take charge of the applicant despite the expiry of the time limits laid down in the first and second subparagraphs.
Amendment 1713 #
2020/0279(COD)
Proposal for a regulation
Article 29 – paragraph 3 – introductory part
Article 29 – paragraph 3 – introductory part
3. In the cases referred to in paragraphs 1 and 2, the take charge request by another Member State shall be made using a standard form and including documents confirming the identity of the applicant as well as proof or circumstantial evidence as described in the two lists referred to in Article 30(4) and/or relevant elements from the applicant’s statement, enabling the authorities of the requested Member State to check whether it is responsible on the basis of the criteria laid down in this Regulation.
Amendment 1805 #
Amendment 1855 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 1
Article 34 – paragraph 1
1. Member States other than the Member State of first entry shall not hold a person in detention for the sole reason that he or she is subject to the procedure established by this Regulation.
Amendment 1867 #
2020/0279(COD)
Proposal for a regulation
Article 34 – paragraph 2
Article 34 – paragraph 2
2. Where there is a risk of absconding, or when an applicant fails to produce documents proving his or her identity, Member States may detain the person concerned in order to secure transfer procedures in accordance with this Regulation, on the basis of an individual assessment and only in so far as detention is proportional and other less coercive alternative measures cannot be applied effectively, based on an individual assessment of the person’s circumstances.
Amendment 1957 #
2020/0279(COD)
Proposal for a regulation
Article 39 – paragraph 1 – introductory part
Article 39 – paragraph 1 – introductory part
1. For the sole purpose of the provision of medical care or treatment, in particular concerning disabled persons, elderly people, pregnant women, minors, children and persons who have been subject to torture, rape or other serious forms of psychological, physical and sexual violence, the transferring Member State shall, in so far as it is available to the competent authority in accordance with national law, transmit to the Member State responsible information on any special needs of the person to be transferred, which in specific cases may include information on that person’s physical or mental health. That information shall be transferred in a common health certificate with the necessary documents attached. The Member State responsible shall ensure that those special needs are adequately addressed, including in particular any essential medical care that may be required.
Amendment 1975 #
2020/0279(COD)
Proposal for a regulation
Article 40 – paragraph 3
Article 40 – paragraph 3
3. Provided it is necessary for the examination of the application for international protection, the Member State responsible may request another Member State to let it know on what grounds the applicant bases his or her application and, where applicable, the grounds for any decisions taken concerning the applicant. The other Member State may refuse to respond to the request submitted to it, if the communication of such information is likely to harm its essential interests or the protection of the liberties and fundamental rights of the person concerned or of others. In any event, communication of the information requested shall be subject to the written approval of the applicant for international protection, obtained by the requesting Member State. In that case, the applicant must know for what specific information he or she is giving his or her approval.
Amendment 2018 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – introductory part
Article 45 – paragraph 1 – introductory part
1. Solidarity cContributions for the benefit of a Member State under migratory pressure or subject to disembarkations following search and rescue operations shallmay consist of the following types:
Amendment 2035 #
2020/0279(COD)
Proposal for a regulation
Article 45 – paragraph 1 – point b a (new)
Article 45 – paragraph 1 – point b a (new)
(ba) assistance to protect the external border of the Union;
Amendment 2083 #
2020/0279(COD)
Proposal for a regulation
Article 46
Article 46
Article 46 deleted Solidarity Forum shall comprise all Member States. The Commission shall convene and preside the Solidarity Forum in order to ensure the smooth functioning of this Part.
Amendment 2099 #
Amendment 2119 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4
Article 47 – paragraph 4
Amendment 2123 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point a
Article 47 – paragraph 4 – point a
Amendment 2125 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point b
Article 47 – paragraph 4 – point b
Amendment 2128 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 4 – point c
Article 47 – paragraph 4 – point c
Amendment 2133 #
2020/0279(COD)
Proposal for a regulation
Article 47 – paragraph 5
Article 47 – paragraph 5
Amendment 2143 #
Amendment 2178 #
Amendment 2252 #
2020/0279(COD)
Proposal for a regulation
Article 50 – paragraph 3 – point k
Article 50 – paragraph 3 – point k
(k) the number of unaccompanied minors and children.
Amendment 2306 #
2020/0279(COD)
Proposal for a regulation
Article 52 – title
Article 52 – title
Solidarity Response Plans in situations of migratory pressure
Amendment 2313 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 1
Article 52 – paragraph 1
1. Where the report referred to in Article 51 indicates that a Member State is under migratory pressure, the other Member States which are not themselves benefitting Member States shallcan contribute by means of the svolidarituntary contributions referred to in Article 45(1), points (a), (b) and (c). Member States shall prioritise the relocation of unaccompanied minors.
Amendment 2316 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 2
Article 52 – paragraph 2
Amendment 2323 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 3
Article 52 – paragraph 3
Amendment 2337 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 4
Article 52 – paragraph 4
Amendment 2342 #
2020/0279(COD)
Proposal for a regulation
Article 52 – paragraph 5
Article 52 – paragraph 5
Amendment 2353 #
Amendment 2375 #
2020/0279(COD)
Proposal for a regulation
Article 54
Article 54
Amendment 2417 #
2020/0279(COD)
Proposal for a regulation
Article 55 – paragraph 4 – point a
Article 55 – paragraph 4 – point a
Amendment 2439 #
2020/0279(COD)
Proposal for a regulation
Article 56 – paragraph 3
Article 56 – paragraph 3
3. Member States which have contributed or plan to contribute with solidarity contributions in response to a request for solidarity support by a Member State, or on its own initiative, shall notify the Commission, thereof by completing the Solidarity Support Plan form set out in Annex IV. The Solidarity Response Plan shall include, where relevant, verifiable information, including on the scope and nature of the measures and their implementation.
Amendment 2461 #
2020/0279(COD)
Proposal for a regulation
Article 57 – paragraph 3 – introductory part
Article 57 – paragraph 3 – introductory part
3. Where relocation is to be applied, the benefitting Member State shall identify the persons who could be relocated. Where the person concerned is an applicant for or a beneficiary of international protection, that Member State shall take into account, where applicable, the existence of meaningful links between the person concerned and the Member State of relocation. Where the identified person to be relocated is a beneficiary for international protection, the person concerned shall be relocated only after that person consented to relocation in writing.
Amendment 2565 #
2020/0279(COD)
Proposal for a regulation
Article 71
Article 71
Directive 2003/109/EC
Article 4 – paragraph 1 – subparagraph 1 a (new)
Article 4 – paragraph 1 – subparagraph 1 a (new)
Amendments to the Long Term Residence 1. as follows: Article 4 is amended as follows: (a) paragraph is added: ‘With regard to beneficiaries of international protection, the required period of legal and continuous residence shall be three years.rticle 71 deleted Directive Directive 2003/109/EC is amended in paragraph 1, the following sub- (This amendment applies throughout the text.)
Amendment 159 #
2020/0278(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) The rules governing border control of persons crossing the external borders of the Member States of the Union are laid down in Regulation (EU) 2016/399 of the European Parliament and of the Council (Schengen Borders Code)21 as adopted under Article 77(2)(b) of the Treaty on the Functioning of the European Union (TFEU). To further develop the Union’s policy with a view to carrying out checks on persons and efficiently monitoring the crossing of external borders referred to in the first paragraph of Article 77 TFEU, additional measures should address situations where third-country nationals manage to avoid, whether purposely or not, border checks at the external borders, or where third-country nationals are disembarked following search and rescue operations as well as where third-country nationals request international protection at a border crossing point without fulfilling entry conditions. The present regulation complements and specifies Regulation (EU) 2016/399 with regard to those three sets of situations. _________________ 21 Regulation (EU) 2016/399 of the European Parliament and of the Council of 9 March on a Union Code on the rules governing the movement of persons across borders (Schengen Borders Code), OJ L 77, 23.3.2016, p.1.
Amendment 164 #
2020/0278(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) It is essential to ensure that in those three sets of situations, the third country nationals are screened, in order to facilitate a proper identification and to allow for them being referred efficientlyefficiently and promptly refer them to the relevant procedures which, depending on the circumstances, can be procedures for international protection or procedures respecting Directive 2008/115/EC of the European Parliament and of the Council (the “Return Directive”)22 . The screening should seamlessly complement the checks carried out at the external border or compensate for the fact that those checks have been circumvented by the third country nationals when crossing the external border. _________________ 22 Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals, OJ L 348, 24.12.2008, p. 98.
Amendment 170 #
2020/0278(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Border control is in the interest not only of the Member States at whose external borders it is carried out but of all Member States which have abolished internal border control. Border control should help toprimarily combat illegal migration and trafficking of human beings and to prevent any threat to the Member States’ internal security, public policy, public health and international relations. As such, measures taken at the external borders are important elements of a comprehensive approach to migration, allowing to address the challenge of mixed flows of migrants and persons seeking international protectionensuring safety of the Member States.
Amendment 176 #
2020/0278(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In accordance with Article 2 of Regulation (EU) 2016/399, border control consists of border checks carried out at the border crossing points and border surveillance, which is carried out between the border crossing points, in order to prevent third-country nationals from illegally circumventing border checks. In accordance with Article 13 of Regulation (EU) 2016/399 a person who has crossed a border in an unauthorised manner and who has no right to stay on the territory of the Member State concerned shall be apprehended and made subject to procedures respecting Directive 2008/115/EC. In accordance with Article 3 of Regulation (EU) 2016/399, border control should be carried out without prejudice to the rights of refugees and persons requesting international protection, in particular as regards non- refoulement.
Amendment 184 #
2020/0278(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) Border guards are often confronted with third-country nationals who are requesting international protection without travel documents or any other documents supporting their claims, both following apprehension during border surveillance and during checks at the border crossing points. Moreover, at some border sections the border guards are confronted with large numbers of arrivals at the same time. In such circumstances, it is particularly difficult to ensure that all relevant databases are consulted and to immediately determine the appropriate asylum or return procedure.
Amendment 191 #
2020/0278(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In order to ensure a swift and efficient handling of third-country nationals who try to avoid border checks or who request international protection at a border crossing point without fulfilling the entry conditions or who are disembarked following a search and rescue operation, it is necessary to provide a stronger framework for cooperation between the different national authorities responsible for border control, the protection of public health, the examination of the need for international protection and the application of return procedures.
Amendment 194 #
2020/0278(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) In particular, the sScreening should help to ensure that the third-country nationals concerned are referred to the appropriate procedures at the earliest stage possible and that the procedures are continued without interruption and delay. At the same timeIn particular, the screening should help to counter the practice whereby some applicants for international protection abscond after having been authorised to enter the territory of a Member State based on their request for international protection, in order to pursue such requests in another Member State or not at all.
Amendment 198 #
2020/0278(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) With regard to those persons who apply for international protection, the screening shouldmay be followed by an examination of the need for international protection. It shouldmay allow to collect and share with the authorities competent for that examination any information that is relevant for the latter to identify the appropriate procedure for the examination of the application, thusif that would allow for speeding up that examination. The screening should also ensure that persons with special needs are identified at an early stage, so that any special reception and procedural needs are fully taken into account in the determination of and the pursuit of the applicable procedure.
Amendment 202 #
2020/0278(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The obligations stemming from this Regulation should be without prejudice to the provisions concerning responsibility for examining an application for international protection regulated in Regulation (EU) No XX/XXX [Asylum and Migration Management Regulation] if it is not hampering the security of the external borders.
Amendment 204 #
2020/0278(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) This Regulation should apply to third-country nationals and stateless persons who are apprehended in connection with the unauthorised or illegal crossings of the external border of a Member State by land, sea or air, except third country nationals for whom the Member State is not required to take the biometric data pursuant to Article 14(1) and (3) of the Eurodac Regulation for reasons other than their age, as well as to persons who have been disembarked following search and rescue operations, regardless of whether they apply or not for international protection. This Regulation should also apply to those who seek international protection at the border crossing points or in transit zones without fulfilling the entry conditions
Amendment 211 #
2020/0278(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The screening should always be conducted at or in proximity to the external border, before the persons concerned are authorised to enter the territory. The Member States should apply measures pursuant to national law to prevent the persons concerned from entering the territory during the screening. In individual cases, wWhere required, this may include detention, subject to the national law regulating that matter.
Amendment 221 #
2020/0278(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Wherever it becomes clear beyond any doubt during the screening that a third- country national subject to it fulfils the conditions of Article 6 of Regulation (EU) 2016/399, the screening should end and the third-country national concerned should be authorised to enter the territory, without prejudice to the application of penalties as referred to in Article 5(3) of that regulation.
Amendment 233 #
2020/0278(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 240 #
2020/0278(COD)
Proposal for a regulation
Recital 18
Recital 18
(18) In accordance with Article 12 of Regulation (EU) 2016/399, the fulfilment of entry conditions and the authorisation of entry are expressed in an entry stamp in a travel document. The absence of such entry stamp or the absence of a travel document mayshould therefore be considered as an indication that the holder does not fulfil the entry conditions. With the start of the operation of the Entry/Exit System leading to substitution of the stamps with an entry in the electronic system, that presumption will become even more reliable. Member States should therefore apply the screening to third-country nationals who are already within the territory and who are unable to prove that they fulfilled the conditions of entry into the territory of the Member States. The screening of such third-country nationals is clearly necessary in order to compensate for the fact that they presumably managed to evade entry checks upon arrival in the Schengen area and therefore could have not been either refused entry or referred to the appropriate procedure following screening. Applying the screening could also help in ascertaining, through the consultation of the databases referred to in this Regulation, that the persons concerned do not pose a threat to internal security. By the end of the screening within the territory, the third- country nationals concerned should be subject to a return procedure or, where they apply for international protection, to the appropriate asylum procedure. Submitting the same third-country national to repeated screenings should be avoided to the utmost extent possible.
Amendment 246 #
2020/0278(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) The screening should be completed as soon as possible, and should not exceed 5 days where it is conducted at the external border and 3 days where it is conducted within the territory of a Member State. Any extension of the 5 days’ time limit should be reserved forIn exceptional situations at, the external borders, where the capacities of the Member State to handle screenings are exceeded for reasons beyond its control such as crisis situations referred to in Article 1 of Regulation XXX/XXX [crisis proposal]limit can be extended if it is necessary for the proper conducting of the screening procedure.
Amendment 251 #
2020/0278(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) The Member States should determine appropriate locations for the screening at or in close proximity to the external border taking into account geography and existing infrastructures, ensuring that apprehended third-country nationals as well as those who present themselves at a border crossing point can be swiftly submitted to the screening. In any case, the persons under the screening procedure shall not be deemed to be on the territory of a Member State. The tasks related to the screening may be carried out in hotspot areas as referred to in point (23) of Article 2 of Regulation (EU) 2019/1896 of the European Parliament and of the Council23 . _________________ 23 Regulation (EU) 2019/1896 of the European Parliament and of the Council of 13 November 2019 on the European Border and Coast Guard, OJ L 295, 14.11.2019, p. 1.
Amendment 255 #
2020/0278(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to achieve the objectives of the screening, close cooperation should be ensured between the competent national authorities referred to in Article 16 of Regulation 2016/399, those referred to in Article 5 of the [Asylum Procedures Regulation] as well as those responsible for carrying out return procedures respecting Directive 2008/115. Child protection authorities shouldmay also be closely involved in the screening wherever necessary to ensure that the best interests of the child are duly taken into account throughout the screening. Member States should be allowed to avail themselves of the support of the relevant agencies, in particular the European Border and Coast Guard Agency and the [European Union Agency for Asylum], within the limits of their mandates. Member States should involve the national Rapporteurs for Anti- trafficking wherever the screening reveals facts relevant for trafficking in line with Directive 2011/36/EU of the European Parliament and of the Council24 . _________________ 24 Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, OJ L 101, 15.4.2011, p. 1.
Amendment 257 #
2020/0278(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 264 #
2020/0278(COD)
Proposal for a regulation
Recital 23
Recital 23
Amendment 277 #
2020/0278(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) By the end of the screening, the authorities responsible for the screening should fill in a de-briefing form. The form should be transmitted to the authorities examining applications for international protection or to the authorities competent for return – depending on whom the individual is referred to. In the former case, the authorities responsible for the screening should also indicate any elements which may seem to be relevant for determining whether the competent authorities should submit the application of the third-country national concerned to an accelerated examination procedure or to the border procedure.
Amendment 287 #
2020/0278(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) A preliminary health examination should be carried out on all persons submitted to the screening at the external borders with a view to identifying persons in need of immediate care or requiring other measures to be taken, for instance isolation on public health grounds. The specific needs of minors and vulnerable persons should be taken into account. If it is clear from the circumstances that such examination is not needed, in particular because the overall condition of the person appears to be very good, the examination should not take place and the person concerned should be informed of that fact. The preliminary health examination should be carried out by the health authorities of the Member State concerned. With regard to third-country nationals apprehended within the territory, the preliminary medical examination should be carried out where it is deemed necessary at first sightThe preliminary health examination should be carried out by the health authorities of the Member State concerned.
Amendment 294 #
2020/0278(COD)
Proposal for a regulation
Recital 27
Recital 27
Amendment 302 #
2020/0278(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Since third-country nationals subject to the screening may not carry or disclose the necessary identity and travel documents required for the legal crossing of the external border, an identification procedure should be provided for as part of the screening.
Amendment 305 #
2020/0278(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) The Common Identity Repository (“CIR”) was established by Regulation (EU) 2019/817 of the European Parliament and of the Council (Interoperability Regulation)25 to facilitate and assist in the correct identification of persons registered in the Entry/Exit System (“EES”), the Visa Information System (“VIS”), the European Travel Information and Authorisation System (“ETIAS”), Eurodac and in the European Criminal Records Information System for third country nationals (“ECRIS-TCN”), including of unknown persons who are unable to identify themselves. For that purpose, the CIR contains only the identity, travel document and biometric data recorded in EES, VIS, ETIAS, Eurodac and ECRIS-TCN, logically separated. Only the personal data strictly necessary to perform an accurate identity check is stored in the CIR. The personal data recorded in the CIR is kept for noas longer than strictly as it is necessary for the purposes of the underlying systems and should automatically be deleted where the data are deleted from the underlying systems. Consultation of the CIR enables a reliable and exhaustive identification of persons, by making it possible to consult all identity data present in the EES, VIS, ETIAS, Eurodac and ECRIS-TCN in one go, in a fast and reliable manner, while ensuring a maximum protection of the data and avoiding unnecessary processing or duplication of data. _________________ 25 Regulation (EU) 2019/817 of the European Parliament and of the Council of 20 May 2019 on establishing a framework for interoperability between EU information systems in the field of borders and visa and amending Regulations (EC) No 767/2008, (EU) 2016/399, (EU) 2017/2226, (EU) 2018/1240, (EU) 2018/1726 and (EU) 2018/1861 of the European Parliament and of the Council and Council Decisions 2004/512/EC and 2008/633/JHA, OJ L 135, 22.5.2019, p. 27.
Amendment 313 #
2020/0278(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Given that many persons submitted to the screening may not carry or disclose any travel documents, the authorities conducting the screening should have access to any other relevant documents held by the persons concerned in cases where the biometric data of such persons are not usable or yield no result in the CIR. The authorities should also be allowed to use data from those documents, other than biometric data, to carry out checks against the relevant databases.
Amendment 315 #
2020/0278(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) The identification of persons during border checks at the border crossing point and any consultation of the databases in the context of border surveillance or police checks in the external border area by the authorities who referred the person concerned to the screening should be considered as part of the screening and should not be repeated, unless there are special circumstances justifying such repetition.
Amendment 324 #
2020/0278(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The screening should alsoprimarily assess whether the entry of the third- country nationals into the Union could pose a threat to internal security or to public policy.
Amendment 336 #
2020/0278(COD)
Proposal for a regulation
Recital 41
Recital 41
(41) Where justified for the purpose of the security check, the screening could also include verification of objects in the possession of third-country nationals, in accordance with national law. Any measures applied in this context should be proportionate and should respect the human dignity of the persons subject to the screening. The authorities involved should ensure that the fundamental rights of the individuals concerned are respected, including the right to protection of personal data and freedom of expression.
Amendment 359 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation establishes the screening at the external borders of the Member States of all third-country nationals who have crossed the external border illegally in an unauthorised manner, of those who have applied for international protection during border checks without fulfilling entry conditions, as well as those disembarked after a search and rescue operation, before they are referred to the appropriate procedure.
Amendment 371 #
2020/0278(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
The object of the screening shall be the identification of all third-country nationals subject to it and the verification against relevant databases that the persons subject to it do not pose a threat to internal security. The screening shall also entailinclude health checks, to identify persons posing a threat to public health, and where appropriate, to identify persons vulnerable and in the need of health care as well the ones posing a threat to public health. Those checks shall contribute to referring such persons to the appropriate procedure.
Amendment 428 #
2020/0278(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. During the screening, the persons referred to in Article 3, paragraphs 1 and 2 shall notin no circumstances be authorised to enter the territory of a Member State.
Amendment 450 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. In the cases referred to in Article 3, the screening shall be conducted at locations situated at or in proximity to the external borders. However, in any case the persons under the screening procedure shall not be deemed to be on the territory of a Member State.
Amendment 463 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 3 – introductory part
Article 6 – paragraph 3 – introductory part
3. In the cases referred to in Article 3, the screening shall be carried out without delay and shall in any case be completed within 5 days from the apprehension in the external border area, the disembarkation in the territory of the Member State concerned or the presentation at the border crossing point. In exceptional circumstancesituations, wthere a disproportionate number of third-country nationals needs to be subject to the screening at the same time, making it impossible in practice to conclude the screening within that time- limit, the period of 5 days may be extended by a maximum of an additional 5 days limit can be extended, if it is necessary for the proper conducting of the screening procedure.
Amendment 471 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shallmay notify the Commission without delay about the exceptional circumstances referred to in paragraph 3. They shall also inform the Commission as soon as the reasons for extending the screening period have ceased to exist.
Amendment 476 #
2020/0278(COD)
Proposal for a regulation
Article 6 – paragraph 5
Article 6 – paragraph 5
5. The screening referred to in Article 5 shall be carried out without delay and in any case shall be completed within 3 days from apprehension. This limit can be extended, if the screening procedure requires it.
Amendment 505 #
2020/0278(COD)
Proposal for a regulation
Article 7
Article 7
Amendment 608 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point a
Article 8 – paragraph 2 – point a
(a) the applicable rules on the conditions of entry for third-country nationals in accordance with Regulation (No) 2016/399 [Schengen Border Code], as well as on other conditions of entry, stay and residence of the Member State concerned, to the extent this information has not been given already;
Amendment 611 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point e
Article 8 – paragraph 2 – point e
Amendment 614 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The information provided during the screening shall be given in a language which the third-country national understands or is reasonably supposed to understand. The information shall be given in writing and, in exceptional circumstances, where necessary, orally using interpretation services. It shall be provided in an appropriate manner taking into account the age and the gender of the person.
Amendment 627 #
2020/0278(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Member States may authorise relevant and competent national, international and non-governmental organisations and bodies to provide third country nationals with information under this article during the screening according to the provisions established by national law.
Amendment 634 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Third-country nationals submitted to the screening referred to in Article 3 shall be always subject to a preliminary medical examination with a view to identifying any needs for immediate care or isolation on public health grounds, unless, based on the circumstances concerning the general state of the individual third-country nationals concerned and the grounds for directing them to the screening, the relevant competent authorities are satisfied that no preliminary medical screening is necessary. In that case, they shall inform those persons accordingly.
Amendment 638 #
2020/0278(COD)
2. Where relevant, it shall be checked whether persons referred to in paragraph 1 are in a vulnerable situation, victims of torture or have special reception or procedural needs within the meaning of Article 20 of the [recast] Reception Conditions Directive.
Amendment 644 #
2020/0278(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. Where there are indications of vulnerabilities or special reception or procedural needs, the third-country national concerned shallmay receive timely and adequate support in view of their physical and mental health. In the case of minors, support shall be given by personnel trained and qualified to deal with minors, and in cooperation with child protection authorities.
Amendment 664 #
2020/0278(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point c
Article 10 – paragraph 1 – point c
(c) biometric data, including DNA testing for age;
Amendment 84 #
2020/0277(COD)
Draft legislative resolution
Paragraph 1
Paragraph 1
1. Adopts its position at first reading hereinafter set outRejects the Commission's proposal;
Amendment 95 #
2020/0277(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) TIn situations of crisis, the Union, in constituting an area of freedom, security and justice, should ensure the absence of internal border controls for persons and frame a common policy on asylum, immigration and external border control, based on solidarity between Member States, which is fair towards third-country nationalnot stand in the way of internal border controls for persons.
Amendment 104 #
2020/0277(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The comprehensive approach should bring together policies in the areas of asylum, migration management, returns, external border protection and partnership with relevant third countries, recognising that the effectiveness of the overall approach depends on all components being jointly addressed and in an integrated manner. The comprehensive approach should ensure that the Union has at its disposal specific rules to effectively manage migration including the triggering of a compulsory solidarity mechanism and that all the necessary measures are put in place to prevent crisis to happen.
Amendment 115 #
2020/0277(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Notwithstanding tThe putting in place of the necessary preventive measures, it cannot be can excluded that a situation of crisis or force majeure in the field of migration and asylum arises due to circumstances beyond the control of the Union and its Member States.
Amendment 121 #
2020/0277(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) This Regulation should contribute to and complete the comprehensive approach by setting out the specific procedures and mechanisms in the field of international protection and return that should apply in the exceptional circumstances of a situation of crisis. It should ensure, in particular, the effective application of the principle of solidarity and fair sharing of responsibility and the adaptation of the relevant rules on asylum and return procedures, so that the Member States and the Union have the necessary tools at their disposal including sufficient time to carry out those procedures.
Amendment 133 #
2020/0277(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) A mass influxlarge number of persons trying to crossing the border irregularly and within a short period of time may lead to a situation of crisis in a particular Member State. That may also have consequences for the functioning of the asylum and migration system, not only in that Member State but in the Union as a whole, due to unauthorised movements and the lack of capacity in the Member State of first entry to process the applications for international protection of such third- country nationals and must be prevented. It is necessary to lay down specific rules and mechanisms that should enable effective action to address such situationssupport in defence of the border of said Member State.
Amendment 142 #
2020/0277(COD)
Proposal for a regulation
Recital 7
Recital 7
Amendment 154 #
2020/0277(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 161 #
2020/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
Amendment 164 #
2020/0277(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to quickly help alleviate the pressure faced by a Member State in a situation of crisis, the scope of relocation should include all categoriesimmediate assistance in border protection should be given, thus avoiding the need for relocation of applicants for international protection, including persons granted immediate protection, as well as beneficiaries of international protection and irregular migrants. Furthermore, a Member State that provides return sponsorship should transfer the illegally staying third-country national from the benefitting Member State if the person concerned does not return or is not removed within four months, instead of eight months as provided for by Regulation (EU) XXX/XXX [Asylum and Migration Management]This will avoid creating a pull factor for uncontrolled mass immigration.
Amendment 181 #
2020/0277(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In situations of crisis, Member States might need a wider set of measures in order to manage a mass influx of third- country nationals in an orderly fashion and contain unauthorised movements. Such measures should include the application of an asylum crisis management procedure and a return crisis management procedureorganise an efficient border protection and prevent the entering of a large number of third-country nationals in unauthorised movements.
Amendment 187 #
2020/0277(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) In order to alleviate pressure on the Member States with external borders, the Union will support effective border protection against illegal migration. An illegal migrant is any third-country national who enters the territory of the Member States without prior approval in the form of a visa or residence permit or who enters a Member State by force, or a person who enters a Member State and does not apply for protection at the first opportunity. A person who wishes to apply for international protection, must do so in a peaceful manner and at the first possible opportunity (at a border post, disembarkation point, or asylum processing facility). Should the third- country national enter a Member State by force or travel through a Member State without applying for protection, any application that is lodged will be denied, the person will be considered as an illegal migrant, and will be detained and returned to his or her country of origin.
Amendment 192 #
2020/0277(COD)
Proposal for a regulation
Recital 12 b (new)
Recital 12 b (new)
(12b) In order to alleviate pressure on the Member States with external borders, the Union will financially support the building of a physical barrier on those external borders. Physical barriers will help to manage a mass influx of third- country nationals and contain unauthorised movements.
Amendment 217 #
2020/0277(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) In order to allow Member States to deal with large numbers of applications for international protection in situations of crisis, a longer time limitmore resources should be setapplied for registering the applications for international protection made during such situations of crisis. Such an extension should be without prejudice to the rights of asylum applicants guaranteed by the Charter of Fundamental Rights of the European Union.
Amendment 219 #
2020/0277(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 231 #
2020/0277(COD)
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) In a situation of crisis, in view of the possible strain on the asylum system, Member States should prevent entry in their territory of applicants trying to enter from a neighbouring safe third country. The Union can be called upon to support such prevention of entry.
Amendment 236 #
2020/0277(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In a situation of crisis, in view of the possible strain on the asylum system, Member States should have the possibility not to authorise the entry in their territory of applicants subject to a border procedure for a longer period of time than the ones set in Article 41 (11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]. However, tThe procedures should be completed as soon as possible and in any event the periods of time should only be prolonged by an additional period not exceeding eight weeks; if those procedures cannot be completed by the expiry of that prolonged period, applicants should be authorised to enter the territory of a Member State for the purpose of completing the procedure for international protectionthoroughly and expeditiously.
Amendment 253 #
2020/0277(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 261 #
2020/0277(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 272 #
2020/0277(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) In order to provide Member States with additional time needed to deal with the situation of crisis and at the same time ensure an effective and as quick as possible access to the relevant procedures and rights, the Commission should authorise the application of the asylum crisis management procedure and the return crisis management procedure for a period of six months, which could be extended up to a period not exceeding one year. After the expiry of the relevant period, the extended deadlines provided for in the asylum and return crisis management procedures should not be applied to new applications for international protections long as needed.
Amendment 279 #
2020/0277(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) For the same reasons, the Commission should authorise the application ofMember States can apply derogatory rules as regards the registration deadline for a period not exceeding four weeks, which should be renewable upon a new reasoned request submitted by the Member State concerned. The total period of application should nonetheless not exceed twelve weeks.
Amendment 296 #
2020/0277(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) In a crisis situation, Member States should have the possibility to suspend the examination of applications for international protection made by displaced persons from third countries who are unable to return to their country of origin, where they would face a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict. In such a case, immediate protection status should be granted to those persons. Member States should resume the examination of their application one year at the latest from its suspensio. Member States should organise the return to a safe country in the region of origin.
Amendment 303 #
2020/0277(COD)
Proposal for a regulation
Recital 24
Recital 24
Amendment 322 #
2020/0277(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) In order to carry out a proper assessment of applications for international protection submitted by beneficiaries of immediate protection, the asylum procedures should resume at the latest after one year from the suspension of such proceduresnot be suspended.
Amendment 355 #
2020/0277(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) In such situations of force majeure, the Member State concerned shouldmay notify the Commission and, where applicable, the other Member States, of its intention to apply the respective derogations from those time limits, as well as the precise reasons for their intended application, as well as the period of time during which they will be applied.
Amendment 365 #
2020/0277(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) Where a Member State is no longer facing a situation of force majeure, it should, as soon as possible,may notify the Commission, and where applicable, the other Member States, of the cessation of the situation. The time limits derogating from Regulation (EU) XXX/XXX [Asylum and Migration Management] should not be applied to new applications for international protection made or for third- country nationals or stateless persons found to be illegally staying after the date of that notification. Upon such notification, the time limits laid down in Regulation (EU) XXX/XXX [Asylum Procedures Regulation] should start to apply.
Amendment 366 #
2020/0277(COD)
Proposal for a regulation
Recital 33
Recital 33
Amendment 379 #
2020/0277(COD)
Proposal for a regulation
Recital 34
Recital 34
Amendment 390 #
2020/0277(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) The examination procedure should be used for the adoption of solidarity measures in situations of crisis for authorising the application of derogatory procedural rules, and for triggering the granting of immediate protection status.
Amendment 397 #
2020/0277(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular respect for human dignity, the right to life, the prohibition of torture and inhuman or degrading treatment or punishment, the right to asylum and the protection in the event of removal, expulsion or extraditioncluding the right to safety of European citizens. The Regulation should be implemented in compliance with the Charter and general principles of Union law as well as international law, including refugee protection, human rights obligation and the prohibition of refoulement.
Amendment 417 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point a
Article 1 – paragraph 2 – point a
(a) an exceptional situation of mass influx, where a large number of third-country nationals or stateless persons arrivinges irregularly in a Member State or disembarked on its territory following search and rescue operationsat the external border of a Member State and requests to enter, being of such a scale, in proportion to the population and GDP of the Member State concerned, and nature, that it renders the Member State’s asylum, reception or return system non-functional and can have serious consequences for the functioning the Common European Asylum System or the Common Framework as set out in Regulation (EU) XXX/XXX [Asylum and Migration Management], or
Amendment 430 #
2020/0277(COD)
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. This Regulation does not apply when either the Commission or the Council has taken a decision that finds that a third country is engaging in hybrid warfare against the Union by employing migration as a weapon in order to destabilise a Member State or the Union.
Amendment 439 #
2020/0277(COD)
Proposal for a regulation
Article 2
Article 2
Amendment 484 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Where a Member State considers that it is facing a crisis situation as referred to in Article 1(2), that Member State shall submit a reasoned request to the Commission for the purpose ofmay applying the rules laid down in Articles 4, 5 or 6 as necessary.
Amendment 488 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 2
Article 3 – paragraph 2
Amendment 492 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 497 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 4
Article 3 – paragraph 4
4. The Commission may authorise the application of the rules laid down in Articles 4 and 5 for six months. That period may be extended for a period not exceeding one yearmay take as long as needed.
Amendment 499 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 5
Article 3 – paragraph 5
Amendment 505 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 7
Article 3 – paragraph 7
Amendment 509 #
2020/0277(COD)
Proposal for a regulation
Article 3 – paragraph 8
Article 3 – paragraph 8
Amendment 530 #
2020/0277(COD)
Proposal for a regulation
Article 4
Article 4
Asylum crisis management procedure 1. In a crisis situation as referred to in Article 1(2), and in accordance with the procedures laid down in Article 3, Member States may, as regards applications made within the period during which this Article is applied, derogate from Article 41 of Regulation (EU) XXX/XXX [Asylum Procedures Regulation] as follows: (a) By way of derogation from Article 41(2)(b) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], Member States may in a border procedure take decisions on the merits of an application in cases where the applicant is of a nationality, or, in the case of stateless persons, a former habitual resident of a third country, for which the proportion of decisions granting international protection by the determining authority is, according to the latest available yearly Union-wide average Eurostat data, 75% or lower, in addition to the cases referred to in Article 40(1) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation]; (b) By way of derogation from Article 41(11) and (13) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum duration of the border procedure for the examination of applications set out in that Article may be prolonged by an additional period of maximum eight weeks. Following this period, the applicant shall be authorised to enter the Member State’s territory for the completion of the procedure for international protection.rticle 4 deleted
Amendment 549 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) By way of derogation from Article 41a(2) of Regulation (EU) XXX/XXX [Asylum Procedures Regulation], the maximum period during which third- country nationals or stateless persons shall be kept at the locations referred to in that Article may be prolonged by an additional period of maximum eight weekto secure swift and proper returns;
Amendment 559 #
2020/0277(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) In addition to the cases provided for by Article 6(2) of Directive XXX [recast Return Directive], Member States shall establish that a risk of absconding is presumed in an individual case, unless proven otherwise, when the criterion referred to in Article 6(1), point (f) of Directive XXX [recast Return Directive] is fulfilled or when the applicant, third- country national or stateless person concerned is manifestly and persistently not fulfilling the obligation to cooperate established by Article 7 of that Directive.
Amendment 609 #
2020/0277(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 611 #
2020/0277(COD)
Proposal for a regulation
Article 10 – title
Article 10 – title
10 Granting of immediateThe need for enhanced border protection status.
Amendment 618 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. In a crisis situation as referred to in Article 1(2)(a), and on the basis of an implementing act adopted by the Commission in accordance with paragraph 4 of this Article, Member States may suspend the examination of applications for international protection in accordance with Regulation (EU) XXX/XXX [Asylum Procedures Regulation] and Regulation (EU) XXX/XXX [Qualification Regulation] in respect of displaced persons from third countries who are facing a high degree of risk of being subject to indiscriminate violence, in exceptional situations of armed conflict, and who are unable to return to their country of orihave travelled through multiple safe countries or left protection facilities in the own region. In such a case, Member States shall grant immediate protection status to the persons concerned, unless they represent a danger to the national security or public order of the Member State. Such status shall be without prejudice to their ongoing application for international protection in the relevantprotect their borders and ensure no such illegal applicant enters the Member State.
Amendment 627 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
Amendment 631 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
Amendment 636 #
2020/0277(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
Amendment 670 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
Amendment 678 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
Amendment 685 #
2020/0277(COD)
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
Amendment 691 #
2020/0277(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 42 #
2020/0103(COD)
Proposal for a regulation
Recital 1
Recital 1
Amendment 43 #
2020/0103(COD)
Proposal for a regulation
Recital 2
Recital 2
Amendment 45 #
2020/0103(COD)
Proposal for a regulation
Recital 3
Recital 3
Amendment 52 #
2020/0103(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Reflecting the European Green Deal as Europe’s growth strategy and the translation of the Union’s commitments to implement the Paris Agreement and the United Nations’ Sustainable Development Goals, the technical support instrument will contribute to mainstreaming climate actions and to the achievement of an overall target of 25 % of the Union budget supporting climate objectives. Relevant actions should be identified during the instruThe economic and social challenges faced by Member States as a result of the COVID 19 crisis make it necessary to abandon the European Green Deal as Europe’s growth strategy and the implementation of the Union’s commitment’s preparation and implementation, and reassessed in the context of the relevant evaluations and review processes. This should also tackle broader environto implement the Paris Agreemental and social challenges within the Union, including the protection of natural capital and the support to the circular economy and be in line with the 2030 Agenda forthe United Nations Sustainable Development Goals.
Amendment 57 #
2020/0103(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The general objective of the technical support instrument should be to promote the Union’s economic, social and territorial cohesion by supporting Member States efforts to implement reforms necessary to achieve economic and social recovery and, resilience and convergence. To that effect, it should support the strengthening of the administrative capacity of the Member States to implement Union law, in relation to challenges faced by institutions, governance, public administration, and economic and social sectors.
Amendment 65 #
2020/0103(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) With a view to helping Member States address reform needs in all the key economic and societal areas, technical support should continue to be provided by the Commission, upon request from a Member State, in a broad range of policy domains, which include areas related to public financial and asset management, institutional and administrative reform, business environment, the financial sector, markets for products, services and labour, education and training, sustainable development, public health and social welfare. Specific emphasis should be given to the actions that foster the green and digital transitions.
Amendment 75 #
2020/0103(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) For the purposes of accountability, transparency and to ensure visibility of the Union action, subject to certain conditions that protect sensitive information, the cooperation and support plans should be provided to the European Parliament, the national parliaments of the individual Member States and the Council and communication activities should be carried out by the Commission as appropriate.
Amendment 77 #
2020/0103(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Provisions on the implementation of the Technical Support Instrument should be laid down, in particular the management modes, the forms of funding for the technical support measures and the content of work programmes, which should be adopted by way of implementing acts. In view of the importance of sustaining the efforts of Member States in pursuing and implementing reforms, it is necessary to allow for athe co-financing rate for grants of up tomay not exceed 100% of the eligible costs. To allow for a rapid mobilisation of technical support in case of urgency, provision should be made for the adoption of special measures for a limited period of time. To that effect, a limited amount of the budget within the work programme of the Technical Support Instrument should be set aside for special measures.
Amendment 80 #
2020/0103(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Since the objective of tThis Rregulation cannot be sufficiently achieved by the Member States, but can rather be better achieved at Union level, the Union may adopt measures, in accordance withmust be subject to 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 that which is necessary to achieve that objective.
Amendment 98 #
2020/0103(COD)
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
The specific objectives set out in Article 4 shall refer to policy areas related to cohesion, competitiveness, education, productivity, research and innovation, smart, fair, sustainable, and inclusiv and reasonable growth, jobs and investment, with specific emphasis to actions that foster the green and digital transitions, and shall focus on one or more of the following:
Amendment 105 #
2020/0103(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) business environment, including for small and medium-sized enterprises, self- employed persons, entrepreneurs, and social economy enterprises, re- industrialisation, private sector development, product and service markets, investment, public participation in enterprises, trade and foreign direct investment, competition and public procurement, sustainable sectoral development, including the relocation of production, and support for research and innovation and, digitisation and reduction of bureaucracy;
Amendment 109 #
2020/0103(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point d
Article 5 – paragraph 1 – point d
(d) education, lifelong learning and training, youth policies, labour market policies, including social dialogue, for the creation of jobs, up- and re-skilling, in particular digital skills, media literacy, active citizenship, the fight against poverty and excessive income inequality, gender equality, the promotion of social inclusion, adequate and inclusive social security and social welfare systems, accessible and affordable public health and healthcare systems, as well as cohesion, asylum, migration and border policies;
Amendment 118 #
2020/0103(COD)
Proposal for a regulation
Article 5 – paragraph 1 – point e
Article 5 – paragraph 1 – point e
(e) policies for implementing the digital and the green transitions, e- government solutions, e-procurement, connectivity, data access and governance, e-learning, use of Artificial Intelligence based solutions, the environmental pillar of sustainable development and environmental protection, climate action, mobility, promoting the circular economy, energy and resource efficiency, renewable energy sources, achieving energy diversification and ensuring energy security, and for the agricultural sector, soil and biodiversity protection, fisheries and the sustainable development of rural areas;
Amendment 132 #
2020/0103(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point c – point iii
Article 7 – paragraph 1 – point c – point iii
(iii) tTraining actions and thend development of online or other training modules to support the necessarypromote the professional skills and knowledge relating toquired for the relevant reforms, excluding travel costs;
Amendment 134 #
2020/0103(COD)
Proposal for a regulation
Article 7 – paragraph 1 – point e
Article 7 – paragraph 1 – point e
Amendment 22 #
2019/2208(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the twofoldprimary objective of the directive is effective return in line with fundamental rights and the principle of proportionality; whereas in its recommendation on making returns more effective,; welcomes the Commission's focuses on the rate of returns as the primary indicator of the directive’s effectiveness;
Amendment 32 #
2019/2208(INI)
Da. whereas, according to IOM data, around 81,000 African migrants returned to their home nation with the aid of the UN’s International Organization for Migration (IOM) and that such Joint initiative which costed the European Union €357 million was to be considered largely a failure1a; _________________ 1a https://www.euronews.com/2020/06/19/pa ying-for-migrants-to-go-back-home-how- the-eu-s-voluntary-return-scheme-is- failing-the-de
Amendment 45 #
2019/2208(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates the importance of an evidence-based approach to guide coherent policy-making and well-informed public discourse and calls on the Commission to encourage and support Member States to collect and publish qualitative and quantitative data on the implementation of the directive;
Amendment 57 #
2019/2208(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. StExpresses thaconcerns about the Commission’s statement that the return rate decreased from 46 % in 2016 to 37 % in 2017 may not present the full picture, as people who received a return decision were not necessarily returned within the same year, some Member States issue more than one return decision to one person, or to people whose whereabouts are unknown, and return decisions are not withdrawnas the effective return of third- country nationals who do not have a right to stay ifn the return does not take place owing to difficulties in cooperation with third countries or for humanitarian reasonsUnion is an essential component of an effective asylum policy;
Amendment 64 #
2019/2208(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Stresses the importance of improving the effective implementation of the directive; highlights that such effectiveness should not only be measured in quantitative terms by referring to the return rate, but also in qualitative terms, such as the sustainability of returns and fundamental rights;
Amendment 86 #
2019/2208(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses the importance of ensuring compliance with return decisions and recalls the key principle enshrined in the directive that voluntary returns should be prioritised over forced returnsat voluntary returns should be proposed as a way to avoid unnecessary retention or detention period;
Amendment 96 #
2019/2208(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Highlights that under Article 7 of the directive, a return decision shall provide for an appropriate period for voluntary departure, which Member States have to extend where necessary, taking into account the specific circumstances of the individual case; stresses that a relatively short period for voluntary departure may hinder or altogether prevent voluntary departure;
Amendment 115 #
2019/2208(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Stresses that a broad definition of the risk of absconding may lead tohelp Member States frequently refraining from granting a period for voluntary departureto manage returns more efficiently; recalls that lifting the voluntary departure period also leads to the imposition of an entry ban, which may further undermine voluntary departure;
Amendment 124 #
2019/2208(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Stresses that return and entry-ban decisions on removal should be individualised, clearly justified with reasons in law and in fact, issued in writing, and complete with information about available remediesshould be swift and effective;
Amendment 133 #
2019/2208(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Highlights that the directive allows for the temporary suspension of the enforcement of a removal, pending a decision relating to return; underlines the importance of such suspensive effect in cases where there is a risk of refoulement; notes that in most countries, appeal against return is not automatically suspensive, which may diminish protection and increase administrative burdens;
Amendment 141 #
2019/2208(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
Amendment 160 #
2019/2208(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concernWelcomes the widespread automatic imposition of entry bans, which in some Member States are enforced alongside voluntary departure; stresses that this approach risks reducing incentives to comply with a return decision;
Amendment 169 #
2019/2208(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Stresses that although the threat of imposition of an entry ban may serve ais an incentive to leave a country within the time period of voluntary departure, once imposed, entry bans actually reduce the incentive to comply with a return decision and may increase the risk of absconding;
Amendment 175 #
2019/2208(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 185 #
2019/2208(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 191 #
2019/2208(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 203 #
2019/2208(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. NoteRecalls that the directive establishes that returnees may lawfully be detained where other less coercive measures cannot be applied; expresses regret that despite the obligation to apply detention as a measure of last resort, in practice, very few viable alternatives to detention are developed and applied by Member States; calls on Member States, as a matter of urgency, to offer viable community-based alternatives to detention;
Amendment 216 #
2019/2208(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes that a significant number of alleged children are still detained in the European Union as part of return procedures, which constitutes a direct violation of the UN Convention on the Rights of the Child, as the UN Committee on the Rights of the Child has clarified that children should never be detained for immigration purposes, and detention can never be justified as in a child’s best interests; stresses that there should be mandatory procedures to detect adults pretending to be children, such as bone age assessments or dental age assessments, in order to be able to put more focus on real children’s best interest;
Amendment 226 #
2019/2208(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Calls on Member States to ensure the proper implementation of the directive in all its aspects; calls on the Commission to continue monitoring this implementation and take action in the event of non- compliance;
Amendment 228 #
2019/2208(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 185 #
2019/2188(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reminds the Commission and the Member States to achieve the goal of comparable living conditions through upward convergence and to counter the increasing inequality and de- solidarisation within and between Member States through appropriate measures, such as the strengthening of collective sysStresses that the Member States are solely responsible for implementing policies to improve standards of living and to counter inequality within their nation; believes that the Commission should refrain from further interference into the social affairs of Member Statems and a coordshould inastead approach to minimum security systems for all age groups, a minimum income, minimum wages and minimum pensfocus its priorities towards improving the flawed common market without relentlessly pursuing further harmonisations;
Amendment 240 #
2019/2188(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. WelcomeRejects the Commission’s plan to promptly propose a legal instrument to ensure that every worker in the Union receives a fair minimum wage21; calls also for this plan to ensure, through legislation or collective agreements, that nobody is at risk of poverty and that everyone can live from their work and participate in society; underlines that the floor should be at least 60% of the national gross median wage; stresses that if this is too low to live on in relation to standards in a given country, an additional mechanism based on objective criteria should be used to calculate a supplement that ensures a decent lifeonsiders this proposal to be a severe infringement into the sovereignty of Member States and a step closer towards a European Superstate; reiterates that competitive wages can already be adequately achieved through collective bargaining and trade unions; __________________ 21 https://ec.europa.eu/commission/sites/beta- political/files/political-guidelines-next- commission_de.pdfhttps://ec.europa.eu/co mmission/sites/beta-political/files/political- guidelines-next-commission_en.pdf
Amendment 261 #
2019/2188(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 317 #
2019/2188(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Calls on the EU to end illegal migration which is fuelling the rise of homelessness in the EU and is putting increased pressure on Member States social security systems; stresses, moreover, that it is a Member States duty to prioritise accommodation to nationals of the Member State;
Amendment 345 #
2019/2188(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 355 #
2019/2188(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls on the Commission and Member States to enforce, effectively and through sanctions, the right of workers to organise and to negotiate and conclude collective agreements, and to ensure that unions can enter plants, speak to workers at work and organise them; instructs the Commission to refrain from imposing any sanctions on Member States in this regard as these rights are solely the responsibility of the Member States to enforce;
Amendment 31 #
2019/2187(INI)
Motion for a resolution
Recital B
Recital B
B. whereas growing numbers of people living in the EU in low or medium income brackets face affordability limits, an excessive housing cost burden and unhealthy, low-quality, energy-inefficient or overcrowded housing situations, or are homeless or at risk of eviction;
Amendment 66 #
2019/2187(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas the housing problem is rarely viewed as a social home ownership issue;
Amendment 67 #
2019/2187(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas excessive tenant protection or slow eviction procedures increase the guarantees required to rent accommodation and therefore contribute to a reduction in the number of private dwellings on the property market;
Amendment 92 #
2019/2187(INI)
Motion for a resolution
Recital G
Recital G
Amendment 126 #
2019/2187(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Calls on the Commission and the Member States to ensure access for all to decent housing, including clean and high- quality drinking water and adequate and equitable sanitation and hygiene, and to affordable, reliable and sustainable energy, hence contributing to eradicating poverty in all its forms; reaffirms its call for EU-widehence contributing to eradicating poverty; reaffirms the need for action foron a winter heating disconnection moratorium; calls on the Member States to meet the standards laid down by the World Health Organization (WHO) for adequate housing temperature; demands that the revision of the air quality regulation be aligned with WHO standards;
Amendment 142 #
2019/2187(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 177 #
2019/2187(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls for an EU-level goal of endEmphasises that the increase ing homelessness by 2030; calls on the Commission to take stronger action to support Member Statis attributable to personal, individual, and structural causes, in reducing and eradicating homelessness as a priority in thecluding migration from third countext of the action plan on the EPSR; callries, poverty-driven migration within the EU, and developments oin the Commission to propose an EU framework for national homelessness strategies; calls on the Member States to prioritise the provision of permanent housing to homeless people; stresses the importance of reliable data collection on homelessnessnational housing markets; stresses that the situation is different in each of the Member States; calls on the Member States to collect reliable data on homelessness and rough sleeping, and to exchange information in order to tackle this urgent problem;
Amendment 199 #
2019/2187(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Calls for a comprehensive and integrated anti-poverty strategy with a designated poverty reduction target, including for child poverty; calls forNotes that poverty levels continue to be unacceptably high;emphasises that creating jobs is the best way of fighting poverty; believes that employees’ wages should be linked to performance; calls on the Member States to ensure that workers’ wage levels allow them to live a decent life in their own country; rejects a European framework for minimum income schemes;
Amendment 216 #
2019/2187(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 225 #
2019/2187(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 244 #
2019/2187(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that EU policies, funding programmes and financing instrumentthe EU’s decisions have a great impact on housing markets and citizens’ lives; recalls onthat the Commission to develop an integrated strategy for social, public and affordable housing at EU level to ensure the provision of safe, accessible and affordable quality housing for alllow interest rate policies of the European Central Bank (ECB) have contributed significantly to rent rises and property price increases in major German cities; takes the view that renovation plans and the EU’s planned climate change provisions will further drive this increase; calls on the Member States to develop an integrated strategy for social housing;
Amendment 262 #
2019/2187(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the inclusion of housing affordability in the European Semester; urges the Commission to ensure that all country-specific recommendations contribute positively to the implementation of the principles of the EPSR; stresses the need to refine the House Price Index indicator and to set the reference threshold for the housing cost overburden rate at no higher than 25% of the disposable income of a householdPoints out that poor people and those at risk of poverty are disproportionately burdened with high housing costs; stresses that, between 2007 and 2017, the average housing cost burden rose disproportionately for poor households in all EU Member States; points out that, in 2017, 38% of poor households in the EU were forced to spend over 40% of their disposable income, and that at 48.5% the figure for Germany, a strong economy, was above the EU average;
Amendment 278 #
2019/2187(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and regional and local authorities to put in place legal provisions to protect tenants and owner- occupiers from eviction and to ensure security of tenure by favouring long-term rental contracts as the default option, together with rent transparency and rent control measuresrent transparency;
Amendment 285 #
2019/2187(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Calls on the Member States to recognise that landlords are exposed to the risk of squatters; appropriate legal provisions should therefore be put in place so that squatters can be quickly evicted, as the financial losses can be significant for landlords, who are sometimes from modest backgrounds or older people who need the rent to supplement their income;
Amendment 291 #
2019/2187(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Invites the Member States to pursue housing policies that are based on the principle of neutrality between home ownership, private rented accommodation and rented social housing; calls on the Commission to respect this principle in the European Semester;
Amendment 298 #
2019/2187(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 311 #
2019/2187(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 334 #
2019/2187(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. CallPoints onut the Commission and theat, in 2017, Member States’ to close the investment gap for affordable housing as a matter of priority; calls in this regard for a reform of the Stability and Growth Pact allowing for increased fiscal space for sustainable public investments, in particular in affordable housing; calls, furthermore, for a harmonised accounting for amortisation methodology for affordable housing investal expenditure on social housing accounted for only 0.66% of the EU’s GDP, and that proportion has decreased since then; believes that various examples at national level demonstrate the need for policies to combat homelessness, and to build social housing and affordable apartments;
Amendment 338 #
2019/2187(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 27 #
2019/2164(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU is facing an unparallel perceived shortage of women in science, technology, engineering and mathematics (STEM) careers and education, particularly considering that women make up 52 % of the European population, yet onlywhile accounting for 2 out of 5 scientists and engineers6 ; whereas although there has been a positive trend in the involvement and interest of girls in STEM education, the percentages remain insufficient; whereas attitudes towards STEM do not differ between boys and girls through primary education, and in many cases girls often outperform boys in STEM and ICT-related tasks7 ; whereas, however, girls fear that they will be less successful than boys in STEM-related careers; _________________ 6 Eurostat, Human resources in science and technology, annual average data 2016- 2020. 7 O’Dea, R.E., Lagisz, M., Jennions, M.D. et al., Gender differences in individual variation in academic grades fail to fit expected patterns for STEM, Nature Communications 9, 3777, 2018.
Amendment 42 #
2019/2164(INI)
Motion for a resolution
Recital D
Recital D
Amendment 69 #
2019/2164(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that in view of the rising demand for STEM practitioners and the importance of STEM-related careers for the future of the European economy, helping to increasinge the share of women, who wish to work, in the STEM sector is critical to building a more sustainable and inclusivecan help to build a prosperous economy and society through scientific, digital and technological innovation;
Amendment 76 #
2019/2164(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Reiterates that the main goal should be to remove all barriers restrictingsupport women’s interests, preferences and choices, without compromising their liberty in making decisions; encourages the Member States to promote the participation of women in STEM studies and careers in their relevant national or regional gender action plans or strategies; considers that these action plans or strategies should aim to increase gender equality by focusing on education and qualifications, a better work-life balance, equal opportunities, non-discrimination in the labour market, raising awareness of gender bias across all relevant sectors, and increasing the visibility of female role models, among other things for their own education and career paths ;
Amendment 81 #
2019/2164(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 89 #
2019/2164(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 100 #
2019/2164(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Calls on the Member States to combat gendered labour market segmentation in STEM careers by investing in formal, informal and non- formal education, lifelong learning and vocational training for women who so wish, to ensure their access to high-quality employment and opportunities to re- and up-skill for future labour market demand; calls, in particular, for greater promotion of entrepreneurship, STEM subjects and digital education for girls from an early age, in order to combat existing educational stereotypes and ensure more womenencourage the women who clearly manifest the will to enter developing and well-paid sectors;
Amendment 121 #
2019/2164(INI)
7. Recognises the role of parents, school and teachers in eliminating thencouraging younger gender gap in STEM educationations into the career path of their choice, and highlights the role of education in promoting the presence of STEM-loving girls in STEM-related courses and in establishing benchmarks to monitor female recruitment and retention;
Amendment 132 #
2019/2164(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that male teachers and other male staff dominateare more present in STEM-related studies in schools and, later on, in universities and workplaces, leading to an absence of; supports female role models and limited guidance and mentoring opportunities; encourages gender mainstreaming in primary, secondary and tertiary education, and urges the committees and institutions involved in recruitment to promote gender balance to avoid the ‘outsider effect’;
Amendment 148 #
2019/2164(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Regrets the fact that women face disproportionately more obstacles in their careers than men do, owing to the lack of a proper work-life balance and an increase in unpaid care work in most householdmothers may face obstacles in their careers; urges public and private institutions to establish adequate measures to guarantee better maternity and paternity leaves, flexible working hours, on-site childcare facilities or to promote telework; urges the Member States to fully transpose and implement the Work-Life Balance Directive and calls on the Commission to monitor it effectively; calls on the Commission and the Member States to fully assess the causes and factors that lead to a high drop-out rate of women from STEM careers, and to develop mechanisms and programmes to integrate women and girls into education, training and employment initiativespecially from their personal perspectives which include choices and preferences;
Amendment 160 #
2019/2164(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. RegretNotes the fact that women are under-represented inhave a lesser tendency to fill leadership positions in STEM careers, and highlights the urgent need to promote equalcomplementarity between men and women at all levels of decision- making in business and management; underlines that gender diversity of skills and competences in boards and decision- making positions improves firms’ performance as the result of the broader spectrum of knowledge, attitudes and experience; urges the Council and the Member States to adopt the Women in Boards Directive and establish targets for gender balance in decision-making bodies;
Amendment 167 #
2019/2164(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 182 #
2019/2164(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Encourages the establishment of an inclusive thorough dialogue with the relevant stakeholders, such as private companies, non-governmental organisations (NGOs), state institutions, regional and local authorities, policy-makers and civil society representatives to coordinate and tackle the missing links in order to promote women in STEM;
Amendment 193 #
2019/2164(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. RegretNotes the fact that the gender gap exists across all digital technology domains, but is especially concerned about the gender gap inin particular in the field of innovative technologies, such as the AI and cybersecurity domains, where the average worldwide female presence stands at 12 % and 20 % respectively11 ; _________________ 11 Sax, L.J., Kanny, M. A., Jacobs, J. A. et al., Understanding the Changing Dynamics of the Gender Gap in Undergraduate Engineering Majors: 1971-2011, Research in Higher Education, Vol. 57, No 5, 2016; Shade, L. R., Missing in action: Gender in Canada’s digital economy agenda, Signs: Journal of Women in Culture and Society, Vol. 39, No 4, 2014, pp. 887-896.
Amendment 202 #
2019/2164(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Highlights that one of AI’s most critical weaknesses relates to certain types of biases such as gender, race or sexual orientation as a result of humans’ inherent biases; eEncourages the relevant actors to take action and promote a greater role for wosupport competent women and men in the design, development and implementation of machine learning, natural language processing and AI;
Amendment 210 #
2019/2164(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Calls for AI and automation to be designed in such a way that it enables us to overcome gender discrimination and address the challenges faced by women such as unpaid care work, the gender pay gap, cyberbullying, gender-based violence and sexual harassment, trafficking, violations of sexual and reproductive rights, and under-representation in leadership positionsvarious forms of discrimination and violence; calls for AI and automation to contribute to the enhancement of women’competent women and men's access to finance, higher education and flexible work opportunities;
Amendment 217 #
2019/2164(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Regrets the fact that women are under-represented in innovation-driven business start-ups and highlights the gender biases and systemic disadvantages that exist in social structures, in particular in those at the intersection of STEM and entrepreneurship;
Amendment 225 #
2019/2164(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls on the Commission and the Member States to increasadequately allocate financing opportunities for female start-up entrepreneurs and innovators, to facilitate their access to existing funds, create special funds and look for new and innovative ways to financially support them and help them to overcome the barriers they may face;
Amendment 2 #
2018/0902R(NLE)
Motion for a resolution
Citation 1
Citation 1
— having regard to the Treaty on European Union (TEU), and in particular Articles 2, 5(3) and 7(1) thereof,
Amendment 5 #
2018/0902R(NLE)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
— having regard to the Vienna Convention on the Law of Treaties,
Amendment 19 #
2018/0902R(NLE)
Motion for a resolution
Recital B
Recital B
B. whereas any clear risk of a serious breach by a Member State or by the EU institutions of the values referred to in Article 2 TEU does not concern solely the individual Member State or institution where the risk materialises but has an impact on the other Member States and the entire EU, on mutual trust between them and between them and the EU, on the very nature of the Unionlatter and its Member States’ and citizens’ fundamental rights under Union law;
Amendment 20 #
2018/0902R(NLE)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas Article 5(3) of the Treaty on the European Union states that ‘under the principle of subsidiarity, in areas which do not fall within its exclusive competence, the Union shall act only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States’;
Amendment 21 #
2018/0902R(NLE)
Motion for a resolution
Recital C
Recital C
C. whereas the scope of Article 7 TEU is not confined to the obligations under the Treaties, as in Article 258 of the Treaty on the Functioning of the European Union, and whereas the Union can assess the existence of a clear risk of a serious breach of the common values in areas falling under Member States’ competencesclearly sets out the infringement procedure against a Member State where there is a clear risk of the EU values set out in Article 2 TEU being violated;
Amendment 27 #
2018/0902R(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas for several years the situation in Hungary has not been addressed and many concerns remain, and in the meantime many new issues have arisen, which is having a negative impact on the image of the Union, as well as its effectiveness and credibility in the defence of fundamental rights, human rights and democracy globally, and revealing the need to addrdespite the many visits, hearings, statements and resolutions of the last few years, the assessment of the situation in Hungary, critical as it may be, has not provided good reason to continue this procedure; and whereas the European institutions have, however, often used the debates on respect for the rule of law and fundamental rights as a pretext to put political pressure on a number of Member Statess them through concerted Union actiono change policies that fall within national competences;
Amendment 29 #
2018/0902R(NLE)
Motion for a resolution
Recital E
Recital E
E. whereas following the ad hoc delegation of its Committee on Civil Liberties, Justice and Home Affairs to Budapest, Hungary, from 29 September to 1 October 2021, the majority of the members of the delegation, who had prejudices and were political biased on arrival in Hungary, still have serious concerns about democracy, the rule of law and fundamental rights in the country; whereas the delegation, based on nothing other than vague and unsubstantiated ‘concerns’ and ‘worries’ primarily rooted in their own political assessment, that same majority has concluded that the situation has not improved since 2018, but has instead deteriorated;
Amendment 32 #
2018/0902R(NLE)
Motion for a resolution
Recital F
Recital F
F. whereas on 20 July 2021, for example, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the transparency and quality of the legislative process remain a source of ‘concern’, althoughdespite the fact that an amendment to the constitution will limit the powers of government as regards the ‘state of danger’ regime after July 2023; whereas ‘concerns’ have been expressed about newly established private trusts receiving significant public funding, managed by board members said to be close to the current government; whereas such accusations do not reflect an objective view of the situation and raise serious concerns about the report’s concept, methodology and sources, as it seems to apply ‘double standards’ when dealing with Hungary in comparison to other Member States;
Amendment 37 #
2018/0902R(NLE)
Motion for a resolution
Recital G
Recital G
G. whereas in its resolution of 17 April 2020 on EU coordinated action to combat the COVID-19 pandemic and its consequences4, Parliament deemed totally incompatible with European values the Hungarian Government’s decision to prolong the state of emergency indefinitely, to authorise its; whereas the government nevertheless only used extraordinary powers when required and proportionatelfy to rule by decree without a time limit, and to weaken the emergency oversight of the Hungarian Parliamentprevent, tackle and eradicate the COVID-19 epidemic and to prevent and tackle the adverse effects thereof, and that the Hungarian Parliament dealt with this situation in due manner; whereas in its opinion on the 2020 Convergence Programme of Hungary of 20 July 2020, the Council recommended ensuring that any emergency measures be strictly proportionate, limited in time and in line with European and international standards, that they do not interfere with business activities and the stability of the regulatory environment, and the effective involvement of social partners and stakeholders in the policy-making process; whereas such situations, in whole or in part, have also occurred in many other Member States and should be subject to equally thorough investigations; _________________ 4 OJ C 316, 6.8.2021, p. 2.
Amendment 49 #
2018/0902R(NLE)
Motion for a resolution
Recital H
Recital H
H. whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the Hungarian justice system performs well in terms of the length of proceedings and has a high level of digitalisation, and that the gradual increase in the salaries of judges and prosecutors continues; whereas, as regards judicial independence, the justice system has been subject to new developments adding to existing concerns: the new rules allowing for the appointment of members of the Constitutional Court to the Supreme Court (Kúria) outside the normal procedure have been put into practice and have enabled the election of the new Kúria President, whose position was also endowed with additional powers and who was elected despite an unfavourable opinion from the National Judicial Council (NJC); whereas the recommendation to strengthen judicial independence, made in the context of the European Semester, remains unaddressed, including the need to formally reinforce the powers of the independent NJC to enable it to counterbalance the powers of the President of the National Office for the Judiciary; whereas the Commission's 2021 report thus applies ‘double standards’ and the discrimination against Hungary is clear when its chapter is compared with those on the other Member States; whereas this is the case on the topic of judicial independence, as similar issues exist in other Member States and even in the EU institutions;
Amendment 62 #
2018/0902R(NLE)
Motion for a resolution
Recital I
Recital I
I. whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that the implementation of the anti-corruption strategy is ongoing, butthe Commission's report applies ‘double standards’ as the discrimination against Hungary is clear when its chapter its scope remains limited, and shortcomings persist as regards political pmpared with those on the other Member States, for example with Hungarty financing, lobbying and ‘revolving doors’; whereas risks of clientelism, favouritism and nepotism in high-level public administration, as well as risks arising from the link betweenobtaining one of the top indictment rates on the buasinesses and political actors, remain unaddressed, independent control mechanisms remain insufficient for detecting corruption, and concerns remain regarding the lack of systematic checks and insufficient oversight of asset and interest declarationss of OLAF's recommendations, with a result of 67%, which is almost twice as high as the EU average; whereas new criminal law provisions aim to address foreign bribery and informal payments in healthcare; whereas while the indictment rate for corruption cases is high, and some new high-level corruption cases have been opened since 2020, the track record for the investigation of allegations concerning high-level officials and their immediate circle remains limited;
Amendment 71 #
2018/0902R(NLE)
Motion for a resolution
Recital K
Recital K
Amendment 86 #
2018/0902R(NLE)
Motion for a resolution
Recital L
Recital L
L. whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that media pluralism remains at risk and that concerns persist with regard to the independence and effectiveness of the Media Authority, also in the light of the Media Council’s decisions leading to independent radio station Klubrádió being taken off air; whereas while no media support schemes were established to counter the impact of the COVID-19 pandemic on news media outlets, significant amounts of state advertising have continued to permit the government to exert indirect political influence over the media; whereas access to public information was tightened through emergency measures introduced during the pandemic, making timely access to such information harder for independent media outlets; whereas, in the public sphere especially, also remains at risk there and that independent media outlets and journalists continue to face obstruction and intimidation;
Amendment 89 #
2018/0902R(NLE)
Motion for a resolution
Recital L
Recital L
L. whereas on 20 July 2021, the Commission indicated in the country chapter on Hungary of the 2021 Rule of Law Report that media pluralism remains at risk and that concerns persist with regard to the independence and effectiveness of the Media Authority, also in the light of the Media Council’s decisions leading to independent radio station Klubrádió being taken off air; whereas while no media support schemes were established to counter the impact of the COVID-19 pandemic on news media outlets, significant amounts of state advertising have continued to permit the government to exert indirect political influence over the media; whereas access to public information was tightened through emergency measures introduced during the pandemic, making timely access to such information harder for independent media outlets; whereas independent media outlets and journalists continue to face obstruction and intimidation;
Amendment 178 #
2018/0902R(NLE)
Motion for a resolution
Paragraph -1 (new)
Paragraph -1 (new)
-1. Recalls, first and foremost, that Hungary, just like every Member State, has its own national identity and constitutional traditions that are in line with European values and must always be treated with respect, objectivity and consideration for the principle of equality; underlines that the rule of law is a fundamental value for all Member States; expresses concern that the abuse of the concept of the rule of law for political aims destroys mutual trust and sincere cooperation between Member States;
Amendment 183 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 1 – introductory part
Paragraph 1 – introductory part
1. Reiterates, as a general remark, that the concerns of Parliament relate to the following issues in Hungarywith regard to the rule of law relate in particular to:
Amendment 214 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Believes that, taken together, the facts and trends mentioned in Parliament’s resolutions represent a systemic threat to the values of Article 2 TEU and constitute a clear risk of a serCommits, in these areas and within the limits of the powers conferred on it by the Treaties, to apply the same criteria used in its previous breach thereof; expresses regret that the lack of decisive EU action has contributed to turning Hungary into hybrid regime of electoral autocracy, according to the relevant indiceslevant resolutions to all Member States and to the EU institutions with the same stringency;
Amendment 215 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly regrets the inability of the Council to make meaningful progress in the ongoing Article 7(1) TEU procedure; urges the Council to ensure that hearings take place at a minimum once per Presidency during ongoing Article 7 TEU procedures and also address new developments affecting the rule of law, democracy and fundamental rights; calls on the Council to publish comprehensive minutes after each hearing; emphasises that there is no need for unanimity in the Council either to identify a clear risk of a serious breach of Union values under Article 7(1), or to address concrete recommendations to the Member States in question and provide deadlines for the implementation of those recommendations; reiterates its call for the Council to do so, underlining that any further delay to such action would amount to a breach of the rule of law principle by the Council itself; calls on the Council to issue recommendations to Hungary as soon as possible in order to remedy the issues mentioned in its resolution of 12 September 2018 and in the present resolution, asking it to implement all the judgments and recommendations mentioned; insists that Parliament’s role and competences be duly respectedNotes that, according to the Treaties, the Council is the competent institution to conduct Article 7 procedures and, in the spirit of mutual trust, shall defer to its decision at the end of its examination;
Amendment 224 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Commission to make full use of the tools available to address the clear risk of a serious breach by Hungary of the values on which the Union is founded, in particular expedited infringement procedures, applications for interim measures before the Court of Justice and actions regarding non- implementation of the Court’s judgments; recalls the importance of the Rule of Law C, pending that decision, to refrain from using the rule of law conditionality regulation or any other tool to exert pressure on Hungary in the handling of specific cases in areas of national competence; notes with regret that this conditionality Rregulation and welcomes the decision to trigger it in the case of Hungary, albeit after a long delay and with a limited scope; callsime would otherwise become another political sanctioning mechanism on top onf the Commission to take immediate action under the regulation as regards other breaches of the rule of law; notes the risk of misuse of funds under the Recovery and Resilience Facility and reiterates its call for the Commission to refrain from approval of the Hungarian planprocedures set out in Article 7, aimed primarily at providing means to circumvent the procedural requirements of unanimity embedded in the latter;
Amendment 228 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Believes that, taken together, the facts and trends show that the European mainstream is pushing for the creation of a supranational Europe that strips Member States of their independence and sovereignty and imposes a single ideology on them; this results in the values enshrined in Article 2 of the TEU being applied arbitrarily and politically motivated sanction mechanisms against Member States that do not agree with that course of action; stresses that this poses a systemic threat to European cooperation; expresses regret that Hungary has suffered ungrounded and politically motivated attacks for no other reason than the fact that it strongly defends sovereignty and the independence of Member States and the initial idea of European cooperation;
Amendment 230 #
2018/0902R(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Instructs its President to forward this resolution to the Council, the Commission, and the governments and parliaments of the Member States, the Council of Europe, the Organization for Security and Co-operation in Europe and the United Nations.
Amendment 15 #
2017/0360R(NLE)
Draft opinion
Citation 5 a (new)
Citation 5 a (new)
- having regard to the UN convention on the Rights of the Child, particularly the preamble, which notes that "the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth”,
Amendment 45 #
2017/0360R(NLE)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is encouraged that citizen-led democratic tools are fully operational in Poland
Amendment 50 #
2017/0360R(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls onEncourages the Polish Government to haltcarefully consideration of these two draft laws, given that a vigorous, necessary and legitimate debate is under way in the country and throughout Europe in response toto honestly evaluate the moral issues and grievaconcerns they raise, and that the lives and fundamental rights of thousands of babies, women, couples and families, many of them among the youngest and most vulnerable in society, would deliberately be irreparably damaged and ended;
Amendment 65 #
2017/0360R(NLE)
Draft opinion
Paragraph 3
Paragraph 3
3. Is concerned at the loss ofdanger to women’s rightshealth and at the level of protection in Poland of the right of women and adolescent girls to health, of which sexual and reproductive health is an essential component, and of the rights of young LGBTI people, whose health and physical safety are particularly at risk;
Amendment 68 #
2017/0360R(NLE)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Welcomes the Polish government's efforts at protecting the rights of women by tackling Islamisation, which presents one of the largest threats to the rights of women and sexual minorities;
Amendment 80 #
2017/0360R(NLE)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Polish Government to condemn and take appropriate legal measures against the resolutions adopted by regional and local authorities concerning the establishment of ‘LGBTI- free areas’ in Poland, which violate fundamental rights and fuel more hatred, fear and threats against LGBTI +ensure the fundamental rights of all people in Poland; urges the Polish Government to take steps to protect LGBTI + people and to combat allny human rights violations faced by them in Poland;
Amendment 87 #
2017/0360R(NLE)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 91 #
2017/0360R(NLE)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Encourages all Member States to do all they can to protect and not threaten fundamental human rights by recognising that all babies lives matter; black babies lives matter, white babies lives matter, European and non-European babies lives matter, LGBTi babies lives matter, heterosexual babies lives matter;
Amendment 95 #
2017/0360R(NLE)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls onEncourages the Polish Government to comply with the recommendations made by the European Parliament in its resolution of 14 November 2019 on the criminalisation ofensure a priority role for families in providing top quality age appropriate relationship and sexual education in Poland, asnd well as with those of the Council of Europe and the WHOcomes the Polish government's efforts against the promotion of underage sexual activity.
Amendment 89 #
2016/0062R(NLE)
Motion for a resolution
Recital D
Recital D
D. whereas gender-based violence against women and women, boys and girls can affect many fundamental rights enshrined in the Charter;
Amendment 136 #
2016/0062R(NLE)
Motion for a resolution
Recital I
Recital I
I. whereas the Istanbul Convention is a unique toolTrojan horse tool which introduces legally binding ideologically regressive ideas of gender under the guise of helping to combat gender-based violence at European level and beyond;
Amendment 147 #
2016/0062R(NLE)
Motion for a resolution
Recital J a (new)
Recital J a (new)
J a. whereas the Convention, in Article 3 c defines gender as "the socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for women and men", thereby cutting any connection to biological sex or innate design, and making it fluid state depending on the society and its feelings at that time;
Amendment 149 #
2016/0062R(NLE)
Motion for a resolution
Recital L
Recital L
L. whereas the accession of all Member States to the Istanbul Convention would support a coordinatimpose a harmonised approach in fighting violence against women, together with existing or future related measures at EU levelwhich most Member States have already ratified, but others are distancing themselves from being bound to a problematic convention;
Amendment 162 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the fact that on 4 March 2016 the Commission proposed the EU’s accession to the Istanbul Convention, the first comprehensive legally binding instrument on preventing and combating violence against women and gender-based violence, including domestic violence, at international level;
Amendment 183 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Strongly condemns all forms of gender-based violence, including the denial of access to sexual and reproductive health and rights, against women and girls and against LGBTIQ+ persons;
Amendment 204 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes that the Istanbul Convention benefits from 10 years of functioning and practice through its unique monitoring and implementation system through GREVIO; notes that Communism has been in operation for over one hundred years, but it too has failed to deliver on its promises of freedom;
Amendment 247 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the growing oppositionthe growing diversity of views towards the Istanbul Convention in some Member States and the increasing attempts to disparagexamine the Convention and its positivverifiable impact on the eradication of gender-based violence; condemns all attempts to spread disinformation about the Istanbul Convention, and applauds efforts to understand the causes of such violence and sharing best practices on how to practically eliminate it;
Amendment 253 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 12 a (new)
Paragraph 12 a (new)
12 a. Notes that where the convention repeatedly portrays women and girls as victims, and men and boys as perpetrators, an antagonism between the sexes and unhealthy roles are delineated, which could in fact exacerbate the problem rather than solving it;
Amendment 284 #
2016/0062R(NLE)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Urges the Council to step up procedures in order to ensure the EU’s swift ratification of the Istanbul Convention, ensuring they pay careful attention to Member States' sovereign competences, the principle of proportionality and the Commission's own policies on Better Regulation which seeks EU laws which are "simpler and better", and "avoid unnecessary burdens"; notes that the Istanbul Convention complicates national legal competences which already cover most cases of violence as crimes, and makes the EU legally bound, even when Member States do not wish to be;