954 Amendments of Jaak MADISON
Amendment 10 #
2023/2122(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Insists that NGOs cannot fulfil the role of a democratically-elected government and should therefore not unilaterally undertake government functions such as search and rescue operations as this effectively amounts to human smuggling;
Amendment 29 #
2023/2122(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Calls for the scope of the anti- money laundering directive to be broadened to also apply to NGOs;
Amendment 30 #
2023/2122(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Points out that human rights NGOs receiving EU funding give visibility to the EU’s support in different ways, and sometimes incompletely, through various communication channels, including official websites; calls for the establishment of harmonised approaches to make EU funding for human rights and democracy support more transparent and visible to the public; calls for ensuring that the EU does not fund NGOs that facilitate illegal migration by sea or by land;
Amendment 41 #
2023/2122(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Calls for a review of the current rules for NGOs, in particular those related to governance, budget, anti money-laundering, foreign influence and persons of significant control, with the aim of increasing their transparency and accountability; calls on the Commission to study if broadening the scope of anti- money laundering rules, particularly by including NGOs, would have prevented these events from taking place;
Amendment 42 #
2023/2122(INI)
Draft opinion
Paragraph 8 a (new)
Paragraph 8 a (new)
8 a. Recalls that the NGO "Fight Impunity" was a central player in the recent Qatargate scandal in the European Parliament;
Amendment 43 #
2023/2122(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Expresses concern about the lobbying practices of certain NGOs in the European Parliament; notes that certain political groups use the texts provided by NGOs without any changes and table them in the form of motions for resolution in the Parliament, specifically when it comes to Rule 144 motions;
Amendment 44 #
2023/2122(INI)
Draft opinion
Paragraph 8 b (new)
Paragraph 8 b (new)
8 b. Strongly affirms that under no circumstances, NGOs or any other stakeholder shall substitute Members of the European Parliament in making political decisions;
Amendment 48 #
2023/2105(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomeRegrets Parliament’s growing role in the EU’s external action, gradually evolving from a somewhat marginal to a substantial one, combining its legislative, budgetary and scrutiny powers with multiple forms of engagement with countries and societies from outside the EU; notes that the European Union, and the European Parliament in particular, cannot replace the foreign policy and external action of Member States;
Amendment 53 #
2023/2105(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Highlights the distinct role and value of parliamentary diplomacy in complementing and reinforcing the visibility and impact of EU foreign and security policyfact that actions by the European Parliament, alongside the European External Action Service (EEAS), and the Commission andduplicates the work done by the diplomatic services of the Member States and therefore amounts to wasteful expenditure;
Amendment 59 #
2023/2105(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 69 #
2023/2105(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Insists that the Council should maintain unanimity voting for all decisions relating to foreign and defence policy; stresses that any move towards qualified majority voting would further erode the sovereignty of the Member States and could have the potential of undermining legitimate national and geostrategic interests;
Amendment 2 #
2023/2068(INI)
Motion for a resolution
Citation 2
Citation 2
– having regard to the Treaty on European Union (TEU), and in particular Articles 2, 3, 4(2) and 6 thereof,
Amendment 3 #
2023/2068(INI)
Motion for a resolution
Citation 3
Citation 3
– having regard to the Treaty on the Functioning of the European Union (TFEU), and in particular Articles 19, 67(1) and 83(1) thereof,
Amendment 22 #
2023/2068(INI)
Motion for a resolution
Recital A a (new)
Recital A a (new)
Aa. whereas the Union shall respect the Member States' national identities, inherent in their fundamental structures, political and constitutional, as enshrined in Article 4 (2) of the Treaty;
Amendment 24 #
2023/2068(INI)
Motion for a resolution
Recital A b (new)
Recital A b (new)
Ab. whereas the Union shall constitute an area of freedom, security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States, as enshrined in Article 67 (1) of the TEU;
Amendment 25 #
2023/2068(INI)
Motion for a resolution
Recital A c (new)
Recital A c (new)
Ac. whereas it is important to consider the specificities of the criminal systems of the Member States. Even within a supranational environment, criminal law shall always retain its particular nature, since it constitutes the sternest mechanism of social control;
Amendment 26 #
2023/2068(INI)
Motion for a resolution
Recital A d (new)
Recital A d (new)
Ad. whereas 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 40 #
2023/2068(INI)
Motion for a resolution
Recital C
Recital C
C. whereas hate speech and hate crime are particularly serious crimes and affect not only the individual victims and their communities, causing them suffering and limiting their fundamental rights and freedoms, but also society as a whole, undermining the foundations of the EUbut also society as a whole;
Amendment 59 #
2023/2068(INI)
Motion for a resolution
Recital E
Recital E
E. whereas in the last few decades there has been a sharp rise in discrimination, hate crime and hate speech across the EU4 , an increase in various forms of racism, xenophobia and other forms of intolerance and an alarming spike in online and offline hate speech and incitement; whereas this is being exacerbated in many Member States by extremist and populist movements andby the multiplier effect of the online environment and social media, which favours revictimisation; _________________ 4 See, for instance, the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2019 and the Annual Report on ECRI’s activities covering the period from 1 January to 31 December 2020, and the study commissioned by the European Parliament’s Policy Department for Citizens’ Rights and Constitutional Affairs entitled ‘Hate speech and hate crime in the EU and the evaluation of online content regulation approaches’, July 2020.
Amendment 77 #
2023/2068(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the current EU framework only covers hate speech and hate crimes on the grounds of race, skin colour, religion and national or ethnic origin; whereas there is a clear need to effectively address hate speech and hate crimes based on other grounds, such as sex, sexual orientation, age and disability;
Amendment 94 #
2023/2068(INI)
Motion for a resolution
Recital J
Recital J
J. whereas the response of EU criminal lawlegislation to hate speech and hate crime should be strong and proportionate in order to duly protect the victim and give due weight to freedom of expression;
Amendment 105 #
2023/2068(INI)
Motion for a resolution
Recital M
Recital M
M. whereas in 2021, the Commission presented a communication on ‘A more inclusive and protective Europe: extending the list of EU crimes to hate speech and hate crime’ with a view to adding hate crime and hate speech to the list of areas of crime where Parliament and the Council may establish minimum rules concerning the definition of criminal offences and sanctions applicable in all EU Member States as provided for in Article 83(1) TFEU; whereas the Council must adopt a decision in this regard;
Amendment 108 #
2023/2068(INI)
Motion for a resolution
Recital N
Recital N
N. whereas this Council decision would be a first step in creating the necessary legal basis to adopt, as a second step, a common legal framework to combat hate speech and hate crime across the EU; whereas such a common legal framework is urgently needed to combat hate speech and hate crime on a common European basis in order to ensure consistent protection of the potential victims of such acts across the Union;
Amendment 116 #
2023/2068(INI)
Motion for a resolution
Recital P
Recital P
P. whereas Article 83(1) TFEU requires unanimity in the Council to identify ‘other areas of crime’;, whereas this requirement proved detrimental to achieving necessary common progress in an area where the common European interest should prevailich is a crucial element ensuring Member States' sovereignty;
Amendment 120 #
2023/2068(INI)
Motion for a resolution
Recital P a (new)
Recital P a (new)
Amendment 121 #
2023/2068(INI)
Motion for a resolution
Recital P b (new)
Recital P b (new)
Pb. whereas a wide definition of hate speech may create ambiguity as to which cases will be prosecuted, leading to uncertainty among society with regards to whether the freedom of expression would be restricted at the expense of plurality of ideas and democracy;
Amendment 122 #
2023/2068(INI)
Motion for a resolution
Recital P c (new)
Recital P c (new)
Pc. whereas criminal law should follow the principle of nullum crimen nulla poena sine lege certa which states that the description of the offence should be sufficiently precise and leave no ambiguity as to what constitutes a crime;
Amendment 125 #
2023/2068(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. UrgInvites the Council to adopt acarefully consider the decision to include hate speech and hate crime as a criminal offence within the list under Article 83(1) TFEU, so that the Commission can initiate the second stage of the procedure;
Amendment 141 #
2023/2068(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Calls on the Member States to work together responsibly and constructively to resume negotiations within the Council in order to adopt a Council decision before the end of the current parliamentary term;
Amendment 149 #
2023/2068(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. UrgesCalls on the Member States to agree with the draft decision or at least not to oppose its adoptioncarefully consider their national legal systems and the needs of their societies;
Amendment 158 #
2023/2068(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. DeplorUnderlines the fact that Article 83 TFEU requires unanimity in the Council, and calls for the passerelle clauselegal framework of the EU to be activarespected;
Amendment 171 #
2023/2068(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Recalls that freedom of expression should not be exploited as a shield for hate speech and hate crimes, but neither should it be unjustifiably restrictedthe criminalisation of hate speech would restrict freedom of expression which is a fundamental right, as provided by Article 11 of the Charter;
Amendment 176 #
2023/2068(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 202 #
2023/2068(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 127 #
2023/2029(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Insists that all funding to third countries should be made conditional upon the effective implementation of return and readmission agreements;
Amendment 57 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point d
Article 8a – paragraph 1 – point d
(d) a significant risk or imminent threat to the public policy or internal security of Member States related to a third country listed in Annex II deriving from any of the following:
Amendment 59 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point d – point i
Article 8a – paragraph 1 – point d – point i
(i) a substantialn increase in serious criminal offences, linked to the nationals of that third country, substantiated by objective, concrete and relevant information and data provided by the competent national authorities;
Amendment 62 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 – point d – point ii
Article 8a – paragraph 1 – point d – point ii
(ii) hybrid threats and instrumentalization of migrants;
Amendment 64 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 point da (new)
Article 8a – paragraph 1 point da (new)
(d a) terrorist threats;
Amendment 65 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 1 point db (new)
Article 8a – paragraph 1 point db (new)
(d b) deficiencies in document security legislation or procedure;
Amendment 77 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 2
Article 8a – paragraph 2
2. For the purposes of paragraph 1, points (a), (b) and (d)(i), of this Article a substantial increase shall mean an increase exceeding a threshold of 510%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a lower or higher increase is applicable in the particular case.
Amendment 82 #
2023/0371(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/1806
Article 8a – paragraph 3
Article 8a – paragraph 3
3. For the purposes of paragraph 1, point (b), of this Article a low recognition rate shall mean a recognition rate of asylum applications of less than 435%, unless the Commission in accordance with Article 8b(4) or Article 8c(2) concludes that a higher recognition rate is applicable in the particular case.
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 7 #
2022/2142(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the unanimity requirement in the Council continues to be one of the biggest impediments in EU decision- making processes; whereas some Member States have used their right to veto to block or delay decisions in order to raise concerns on other unrelated issuthe main guarantee of sovereignty of the Member States and the intergovernmental character of the EU, which are preconditions for mutually beneficial and harmonious cooperation between independent European nation states;
Amendment 12 #
2022/2142(INI)
Motion for a resolution
Recital C
Recital C
C. whereas passerelle clauses do not change EU competences but only decision-making rules, allowingare a serious attempt to distort EU competences and to move towards a movre from unanimity to qualified majority voting (QMV) and/or from special legislative procedures to the ordinary legislative procedure (OLP) in specific caseederalist EU without necessary democratic checks and balances i.e. changes of treaties and referendums;
Amendment 21 #
2022/2142(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Believes that the Union must be able to respond rapidly and effectively to the unprecedented challenges it is facing; regrets that, even though the Union has proven in specific cases to be able to act decisively, the unanimity voting requirement has often blocked EU action in different areasreturn to the intergovernmental cooperation model and preserve the unanimity voting requirement; regrets that willingness of some Member States to abide by the EU treaties and to maintain their sovereignty is being used as a scapegoat for the EU's internal problems to further a federalist agenda;
Amendment 24 #
2022/2142(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Considers it urgent, therefore, to go beyondmaintain unanimity and move as soon as possible toreject QMV and OLP in key policy fields in order to improve the EU’s capaconsensus and ability to act;
Amendment 52 #
2022/2142(INI)
Motion for a resolution
Paragraph 8 – introductory part
Paragraph 8 – introductory part
8. Stresses that passerelle clauses could be a useful tool to move towards QMV in specific fields of the CFSP, in particular fordefinitely should not be applied in fields of the CFSP because of following reasons:
Amendment 54 #
2022/2142(INI)
Motion for a resolution
Paragraph 8 – point a
Paragraph 8 – point a
a) the adoption of restrictive measures, including under the EU Global Human Rights Sanctions Regimealthough enabling the EU to reach decisions more quickly, the decisions would carry much less weight in the eyes of third powers, if they saw only a part of the Member States to back them;
Amendment 58 #
2022/2142(INI)
Motion for a resolution
Paragraph 8 – point b
Paragraph 8 – point b
b) the adoption of statements or decisions on international human rightsEU risks of being fragmented, with multiple smaller and weaker centres of power in specific issues;
Amendment 62 #
2022/2142(INI)
Motion for a resolution
Paragraph 8 – point c
Paragraph 8 – point c
c) and decisions regarding civilian common security and defence policy (CSDP) missionsit would be self-defeating for the EU to undo the unanimity rule that enables even the smallest Member States to secure their core national interests inside the EU;
Amendment 42 #
2022/2051(INL)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that Article 48(7) and Article 31(3) of the Treaty on European Union (TEU) contain passerrelle clauses that can make switching from unanimity to qualified majority voting possible in the area of common foreign and security policy (CFSP) without military implications; calls for a switch toto maintain QMV in all decisions in the field of CFSP, notably those concerning sanctions and human rights, as the passerelle clauses have never been used due to the lack of political will;
Amendment 59 #
2022/2051(INL)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 69 #
2022/2051(INL)
Draft opinion
Paragraph 4
Paragraph 4
4. Underlines the need to strengthen the role of the Vice-President of the Commission/High Representative of the Unioat Member States remain free to determine their own for Foreign Affairs and Security Policy and to ensure that the Union speaks with one voice, as requested by the citizens of the Union in the Conference on the Future of Europe; points out that his can be done through a Treaty change that would name the Vice-President/High Representative a foreign minister of the Union, would make him or her the main external representative of the Union in international fora and would allow him or her to be present ex-officio in negotiating formats initiated or led by thepolicy and that an increased role for the European Union and its bodies in this regard would severely undermine the sovereignty of Member States;
Amendment 88 #
2022/2051(INL)
Draft opinion
Paragraph 6
Paragraph 6
6. Requests the strengthening ofat the role of Union delegations in the implementation of foreign policy by amending the wording of Article 221 of the Treaty on the Functioning of the European Union (TFEU) not be strengthened as this would create unnecessary duplication of actions in countries where Member States already have diplomatic representation;
Amendment 103 #
2022/2051(INL)
Draft opinion
Paragraph 8
Paragraph 8
8. Calls for inclusion of the principle of “strategic autonomy” not to be included into the list of objectives to be achieved through the Union’s foreign and security policy enshrined in Article 21 TEU, since the term is vague and has not been adequately defined;
Amendment 70 #
2022/2049(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reaffirms the universality and indivisibility of human rights and the inherent dignity of every human being; stresses, in this regard, its strong commitment to addressing first and foremost the challenges to human rights worldwide and reiterates the dutrecalls, however, that the EU does not have the mandate to impose its vision of human rights and democracy ofn the EU and its Member States to act as a global leader in the promotion and protection of human rights and democracy in line with the founding values of the Unionworld; emphasises that the EU is not the world’s human rights watchdog, nor should it be;
Amendment 108 #
2022/2049(INI)
7 a. Insists that unanimity voting within the Council on human rights issues must remain in place and that a move towards qualified majority voting in foreign policy matters will cause a slippery slope that will even further erode the sovereignty of Member States; recalls that the ability to enter into relations with other states, and by analogy the ability to determine foreign policy, is one of the foundational elements of statehood and sovereignty;
Amendment 340 #
2022/2049(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30 a. Expresses its deep concern regarding policies of reverse racial discrimination in South Africa; notes that South Africa is the only country in the world where a majority of 80% is protected through affirmative action policies against a minority of no more than 8%, more than 25 years after the end of apartheid; further condemns the brutal and torturous murders of white South Africans, and farmers in particular; urges the South African government to prioritise the prevention, investigation and prosecution of these attacks and murders as a matter of extreme urgency, to prevent a potential genocide from occurring and to ensure that those responsible are held accountable; further confirms the right of peoples in South Africa to pursue self- determination in all its forms and urges the South African government to ensure that the right to self-determination is given meaningful effect for all peoples in South Africa, and in particular for minorities; further condemns the fact that these attacks are widely ignored or rationalised by the international community in its perpetual pursuit of political correctness; urges EU Member States to condemn all such acts of violence against minority groups in South Africa;.
Amendment 386 #
2022/2049(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35 a. Notes with concern that Christians remain the most persecuted religious community in the world; condemns in the strongest terms the attacks perpetrated by Islamic fundamentalists; recognises that expressions of sorrow are inadequate in protecting these vulnerable communities from further violence; emphasises the role EU Member States have to play in condemning and confronting these attacks against communities that share their Christian heritage;
Amendment 441 #
2022/2049(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38 a. Notes with concern that NGOs have played a major role in facilitating human smuggling and that private entities should not be actively involved in carrying out search and rescue missions;
Amendment 442 #
2022/2049(INI)
Motion for a resolution
Paragraph 38 b (new)
Paragraph 38 b (new)
Amendment 481 #
2022/2049(INI)
Motion for a resolution
Paragraph 43
Paragraph 43
43. Underlines that human rights, a healthy environment and combating climate change are dependent on one another; calls for progress towards the recognition of the right to a clean, healthy and sustainable and a healthy environment, as laid out in Resolution 48/13 of the UN Human Rights Council, and stresses its appreciation for the peaceful work undertaken by environmental human rights defenders including land defenders and their lawyers, as well as indigenous activists, to preserve and safeguard such an environment despite the threat of violence and the risk to their lives; recognises, moreover, the important role of civil society organisations, including environmental faith-based organisations, as well as indigenous peoples for their invaluable work in the preservation of the environmentre dependent on one another;
Amendment 490 #
2022/2049(INI)
Motion for a resolution
Paragraph 43 a (new)
Paragraph 43 a (new)
43 a. Notes that, according to a recent study published by the European Union Institute for Security Studies, the argument that environmental changes exacerbate violence, conflict and terrorism cannot be proven or confirmed; further notes that the study has found that environmental protection programmes in the Sahel have contributed to exacerbating terrorism and that one-size- fits-all approaches to environmental challenges and climate change mitigation are “recipes for disaster”, creating a “fertile ground for terrorist groups” in, for example, Burkina Faso;
Amendment 25 #
2022/2048(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the unprovoked and unjustified military aggression by the Russian Federation against Ukraine has brought war back to the European continent, has seriously undermined European and global security, has created economic uncertainty, has led to a spike in energy prices with serious economic and social consequences for businesses and households, has considerable potential to further destabilise many non-EU countries and has therefore significantly changed the geopolitical context of the EU’s common foreign and security policy (CFSP);
Amendment 50 #
2022/2048(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas it is stressed that the Mediterranean is NATO’s southern flank and that the continuous incursions by certain third countries are contributing to a dangerous increase in political instability; calls on the EU, in close collaboration with NATO, to continue to focus particular attention on the area, and also to assess adequate financial appropriations to guarantee the security of the Mediterranean;
Amendment 78 #
2022/2048(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Is concerned about the instability of Libya and the risk that it may become an increasingly popular departure point for illegal immigration routes to Europe;
Amendment 79 #
2022/2048(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Highlights the fact that in recent years, in the Mediterranean and the Balkans, Turkey has been seeking to expand its sphere of geopolitical influence at Europe’s expense;
Amendment 121 #
2022/2048(INI)
Motion for a resolution
Paragraph 6 – point a
Paragraph 6 – point a
Amendment 337 #
2022/2048(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
18a. Points out that the Indian neighbourhood and the Indo-Pacific have increasingly become an area in which China, with is expansionist policy and its goals, is creating growing strategic, geopolitical, economic and commercial challenges;
Amendment 400 #
2022/2048(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Reiterates its strong support for the European future of the Western Balkans; calls on the Member States to renew their commitment to enlargement by delivering on the EU’s commitments towards the Western Balkan countries, in particular by lifting visa requirements for Kosovo citizens; welcomes the start of accession negotiations with Albania and North Macedonia; welcomes the European Council’s readiness to grant candidate status to Bosnia and Herzegovina, and urges the country’s political actors to show commitment and make significant steps towards EU membership by advancing on the 14 key priorities and implementing the substantial set of reforms; notes with concern the constant trade and geopolitical incursions and the campaign of disinformation conducted in the region by Turkey and China;
Amendment 448 #
2022/2048(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Stresses that the attitude of the Theocratic Regime in Tehran poses a threat to stability in the Middle East and the Gulf region; reaffirms that respect for human rights must be a core component in the development of any EU-Iran relations;
Amendment 455 #
2022/2048(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Welcomes the strengthening of the EU’s relations with the Gulf countries, as underlined in the Joint Communication to the European Parliament and the Council of 18 May 2022 on a strategic partnership with the Gulf (JOIN(2022)0013); notes that there is a common interest in engaging more strategically with the Gulf partners, such as Saudi Arabia, the United Arab Emirates and Bahrain;
Amendment 480 #
2022/2048(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
29a. Points out that the network connecting people across continents extends along maritime routes and across the ocean floor, where thousands of kilometres of cable carry 97% of data traffic; stresses, therefore, that a new international geopolitical and geo- economic confrontation debate is being disputed also in the field of infrastructures such as underwater cables, which are essential for improving internet connections and IT data;
Amendment 492 #
2022/2048(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. Calls on the Commission and the VP/HR to implement the commitments agreed on at the AU-EU Summit, to swiftly implement the Global Gateway projects in Africa, to strengthen collaboration with African governments to block illegal trafficking in human beings and illegal immigration to Europe and to strengthen partnerships with countries on the African continent, in line with the Strategic Compass;
Amendment 496 #
2022/2048(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Is worried about the consequences, both at economic and political level, of the Russian war of aggression against Ukraine on Africa, taking also into account Russia's renewed interests and its growing expansionism, also militarily, in the African Continent;
Amendment 21 #
2022/2047(INI)
Draft opinion
Recital A
Recital A
A. whereas culture has major potential to promote the EU’sEuropean values, solidify its identity and contribute to the fulfilment of its objectives worldwide, as well as addressing global challenges;
Amendment 36 #
2022/2047(INI)
Draft opinion
Recital C
Recital C
C. whereas the EUMember States needs to engage in international cultural relations using itstheir own instruments to shape theEurope’s cultural face of the EU worldwide and complement the work of Member States’ cultural institutes abroadworldwide;
Amendment 45 #
2022/2047(INI)
Draft opinion
Recital D a (new)
Recital D a (new)
Da. whereas worldwide cultural theft continues to remain a problem in the EU; whereas after 1974 in Northern Cyprus more than 60,000 cultural objects were taken abroad through looting and by vandalism on the black market; whereas more than 550 Greek Orthodox churches and monasteries have been robbed of their works of art and destroyed or converted into mosques; whereas this is intended to deliberately destroy the Christian Western cultural heritage;
Amendment 78 #
2022/2047(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Condemns any destruction or theft of Christian cultural goods; calls for the European Commission to make efforts to return Christian cultural goods, such as those that were black-marketed after the Turkish occupation of the northern part of Cyprus, to their origins; condemns any conversion of Greek Orthodox or Christian monasteries and churches into mosques; calls on the Commission to take an appropriate stance by officially condemning especially the theft of Christian cultural goods and the conversion of Christian or Greek Orthodox churches and monasteries; calls for a reconsideration of cultural relations, in particular with those countries which continue to endanger the Christian cultural heritage worldwide through such practices;
Amendment 87 #
2022/2047(INI)
Draft opinion
Paragraph 4
Paragraph 4
Amendment 61 #
2022/2007(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the war in Ukraine has underlined the threat posed by third countries that seek political and economic hegemony in the Mediterranean area and the EU’s neighbourhood to the detriment of the democratic aspirations and territorial integrity of target countries; whereas Russia, China, Turkey and Iran are all seeking to increase their capacity to exercise political and/or economic hegemony in certain Southern Neighbourhood countries and, therefore, the EU’s capacity-building for fighting disinformation and promoting freedom of the press is crucial; whereas the EU should reaffirm its role as the primary political, economic and democratic anchor for the countries of the Southern Neighbourhood;
Amendment 70 #
2022/2007(INI)
Motion for a resolution
Recital D
Recital D
D. whereas the war in Ukraine and the resulting need to further diversify the EU’s energy supply have shown the essential role of the Southern Neighbourhood in securing sufficient gas and oil supplies to the EU with mutual benefits for both the EU and the Southern Neighbourhood countries; whereas the discovery of relevant natural gas reserves in the Southern and Eastern Mediterranean provides a unique opportunity for economic development in the countries concerned; whereas these gas reserves equally provide an important opportunity for partnership, investment and the sharing of know-how between the countries of the Southern Mediterranean and the EU and its Member States; whereas Israel, one of the EU's strategic partners, and the EastMed project may play a key role in this context; whereas the Southern Neighbourhood is therefore not only essential for reasons of regional security and stability, but also as a primary partner for access to energy sources, including renewables;
Amendment 175 #
2022/2007(INI)
Motion for a resolution
Paragraph 1 – point g
Paragraph 1 – point g
(g) Build on the very positive experience of some Member States in supporting start-up companies and further advancing their work through dedicated incubators or accelerators, especially in key sectors such as health, renewable energy, artificial intelligence, the new technologies and education; takes the view that the EU should set up incubators or accelerators in relevant Southern Neighbourhood countries, support the creation of local start-up companies, and increase their digital and green capacities; concurs on the importance of further improving the digital infrastructure of relevant Southern Neighbourhood countries and including these countries in the EU’s digital agenda; points out that this is a prerequisite for economic development, socioeconomic integration and wider access to education; recalls the importance of close policy dialogue and cooperation between the EU and the Southern Neighbourhood countries to develop adequate cybersecurity policies and partnership in international forums on cybersecurity standards; takes the view that the EU should build on the StratCom Task Force South and develop a concrete strategy for combating disinformation in our Southern Neighbourhood countries, aiming to counter fake news and propaganda in order to reinforce democracy and stability;
Amendment 189 #
2022/2007(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) Promote regional, sub-regional and bilateral integration in the Southern Mediterranean, in particular with a view to the removal of any border, transport or trade barriers between the countries of the region and actively promoting closer links and partnerships; takes the view that the recent Negev Foreign Ministers summit in Sde Boker attests to the potential for regional integration and peace in the region in the framework of the Abraham Accords; takes note of the fact that the Abraham Accords have normalised diplomatic relations between countries in the area and applauds the role played by the United States in finalising the Accords; welcomes the intention of holding this summit annually and calls on the VP/HR and the Commission to use the positive momentum of the Abraham Accords to advance dialogue and cooperation in the region on support for the Middle East Peace process and the two-state solution;
Amendment 219 #
2022/2007(INI)
Motion for a resolution
Paragraph 1 – point l
Paragraph 1 – point l
(l) Play a strategic role in the Mediterranean, including in regard to combating organised crime, terrorism and irregular immigration; Ensure a positive link between the new agenda for the Mediterranean and the capacity of the EU and its Member States to build a coalition of like-minded countries to support a rules- based, effective multilateral system capable of boosting the capacity of the international community to address global challenges; reiterates its view that the new agenda for the Mediterranean should include dialogue on the value for Southern Neighbourhood countries converging with the EU not only on policy dialogue, stability and economic growth, but also on the capacity to promote peace and stability, democratic values and human rights in the UN system and relevant multilateral forums;
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 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 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 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 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 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 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 237 #
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 263 #
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 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 306 #
2022/2005(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 334 #
2022/2005(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 8 #
Amendment 9 #
Amendment 24 #
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 considerabimproved substantially. 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. Nine Member States do not require incoming travellers to provide any kind of COVID- 19 certificates to access their national territory. _________________ 6 https://vaccinetracker.ecdc.europa.eu/publi c/extensions/COVID-19/vaccine- tracker.html
Amendment 28 #
2022/0031(COD)
Proposal for a regulation
Recital 8
Recital 8
Amendment 36 #
2022/0031(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) The EU Digital COVID Certificate has been conceived only as a tool to facilitate free movement within the Union during the COVID-19 pandemic, taking into account the principles of proportionality and non-discrimination. However, in contravention of the objective of Regulation (EU) 2021/953, the EU Digital COVID Certificate has been used by many national, regional and local authorities in the Member States, as well as by the Union institutions, to impose restrictions for internal and domestic purposes. Without prejudice to Member States’ competence to introduce national restrictions on grounds of public health this Regulation and the EU Digital COVID Certificate should not be intended as a tool for Member States to impose unjustified, disproportionate or discriminatory restrictions for domestic purposes.
Amendment 49 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 – point a – point i a (new) Regulation (EU) 2021/953
Article 1 – paragraph 1 – point 2 – point a – point i a (new) Regulation (EU) 2021/953
(ia) point (c) is replaced by the following: (c) a certificate confirming that, following a positive result of a NAAT test, or a rapid antigen test listed in the EU common list of COVID-19 antigen tests agreed by the Health Security Committee, or an antibody test listed in the EU common list of COVID-19 antibody tests agreed by the Health Security Committee, carried out by health professionals or by skilled testing personnel, the holder has recovered from a SARS-CoV-2 infection (certificate of recovery). Or. en (Regulation (EU) 2021/953)
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 77 #
2022/0031(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EU) 2021/953
Article 17 – paragraph 2
Article 17 – paragraph 2
Amendment 1 #
Amendment 46 #
2022/0000(INI)
Fa. whereas some European production sectors have been economically damaged by the Ukrainian crisis, there is a need for an extraordinary financial intervention in favour of the most affected companies;
Amendment 110 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point c
Paragraph 1 – point c
(c) maintroduce qualified majority voting for certainain unanimity voting in the Council for all foreign policy areas, as already provided for in the Treaties, and strive to extend it in order to increase the effectiveness of EU foreign policyso as to safeguard the sovereignty of Member States to determine their own foreign policy based on their national interests;
Amendment 115 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point d
Paragraph 1 – point d
Amendment 149 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point f
Paragraph 1 – point f
(f) increase the EU’s strategic sovereignty in specific areas that are fundamental to its continued pre-eminence on the international stage, for example investing more resources in the development of the most advanced technologies by achieving full security of energy supply, energy diversification and energy independence, prioritising the reduction of energy dependencies, ensuring supply chains are diversified and that there is reciprocity in trade exchanges, and ensuring the Union has food and agricultural sovereignty;
Amendment 160 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point g
Paragraph 1 – point g
(g) fight and counter propaganda and disinformation campaigns used by totalitarian regimes, in Europe, its neighbourhood and around the world;
Amendment 220 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point k a (new)
Paragraph 1 – point k a (new)
(ka) remain cognisant of the fact that the security of Member States is best guaranteed through NATO defence cooperation and that any EU efforts relating to defence should not duplicate the obligations under NATO; remind Member States to meet their financial and other commitments in accordance with their obligations under the NATO Treaty;
Amendment 221 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point k b (new)
Paragraph 1 – point k b (new)
(ka) withdraw the proposal to form a European standing corps under the so- called EU Rapid Deployment Capacity as provided for in the Strategic Compass;
Amendment 241 #
2022/0000(INI)
Proposal for a recommendation
Paragraph 1 – point n a (new)
Paragraph 1 – point n a (new)
(na) increase funding for the implementation of missile deterrence systems and active and passive protection;
Amendment 7 #
2021/2252(INI)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 13 #
2021/2252(INI)
Draft opinion
Paragraph 2 a (new)
Paragraph 2 a (new)
2 a. Calls on the Commission to ensure that any development aid granted to developing countries, is made strictly conditional upon the effective implementation of return and readmission agreements;
Amendment 28 #
2021/2252(INI)
Draft opinion
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Recalls that EU Member States are the world's largest donor of development aid; therefore stresses the importance of ensuring that EU taxpayers are able to have access to all information relating to how and on what projects their money is being spent in developing countries; insists that the corrupt use of EU funding should result in an immediate suspension of payments;
Amendment 46 #
2021/2250(INI)
Motion for a resolution
Recital A
Recital A
A. whereas Turkey, besides being a candidate for EU accession, is a key partner in relation to the economy, trade andthe repeated and unacceptable provocations by the Erdogan regime should not be rewarded by continuing endless and pointless accession negotiations; whereas, therefore, Turkey should no longer be considered a candidate for EU accession, since it is not a European country, does not share our values, and uses mass migration, as well as a strategic partnera weapon of hybrid warfare against Member States;
Amendment 111 #
2021/2250(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Reiterates its concern about the persistent distance between the EU and Turkey, despite it being a candidate country, in terms of values and standards, and the continuing lack of political will to carry out the necessary reforms to address, in particular, the serious concerns about the rule of law and fundamental rights that continue to negatively affect the accession process; considers that without clear progress in this field, Parliament cannot envisage any resumption of accession negotiations with Turkey, which have effectively been at a standstill since 2018, including freedom of expression and freedom of religion;
Amendment 121 #
2021/2250(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Insists that all accession negotiations with Turkey are immediately and irrevocably terminated, considering that for geographic, cultural and historical reasons Turkey could never be part of the EU; further calls for all funding to Turkey to be stopped and for the EU-Turkey Customs Union agreement, which entered into force on 31 December 1995, to be suspended;
Amendment 144 #
2021/2250(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Reiterates its firm conviction that Turkey iscould potentially be a country of strategic relevance in political, economic and foreign policy terms, and could potentially serve as a partner that is key for the stability of the wider region, and an ally with which the EU wishes to pursue the best possible relations; welcomes, in this view, the recent statements expressed at the highest level by the Turkish authorities about the recommitment of the Turkish Government to the EU path, but urges the Turkish authorities to put their words into action and demonstrate this commitment with specific facts and decis; emphasises, however, that any potential cooperation with Turkey should not result in restarting accession negotiations;
Amendment 191 #
2021/2250(INI)
Motion for a resolution
Paragraph 6 a (new)
Paragraph 6 a (new)
6 a. Expresses grave concern regarding violations of the right to freedom of religion in Turkey; notes with concern that Christians in Turkey remain under extreme pressure as a result of religious nationalism, as reported by Open Doors; is particularly concerned about reports of Christian foreigners in Turkey being targeted;
Amendment 392 #
2021/2250(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21 a. Denounces the threat by the Turkish regime of uncontrolled migration flows as a method of hybrid warfare against the EU; reiterates that the EU has made itself vulnerable to such threats through its Willkommenspolitik when it comes to migrants;
Amendment 476 #
2021/2250(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24 a. Denounces foreign interference in Europe by the Turkish regime through its diaspora living in Europe; expresses particular concern that the Turkish regime funds various governmental and non-governmental organisations, and in particularly the Muslim Brotherhood, in Europe to further its political agenda and thereby influence European politics; is gravely concerned about reports by national intelligence that Turkish intelligence agencies have dramatically increased their activities in a number of Member States;
Amendment 16 #
2021/2245(INI)
Motion for a resolution
Citation 20
Citation 20
— having regard to the Commission cCommunication of 24 July 2020 entitled ‘2020-2025 EU action plan on firearms trafficking’ (COM(2020)0608), and the United Nations Office on Drugs and Crime study entitled 'Illicit Trafficking of Firearms, Their Parts and Components and Ammunition to, from and through the European Union',
Amendment 24 #
2021/2245(INI)
Motion for a resolution
Recital A
Recital A
A. whereas BiH citizens aspire towards Euro-Atlantic integration for sustainable peace, democracy and prosper peace and stability;
Amendment 30 #
2021/2245(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU isMember States are the biggest trade and investment partners of BiH and its largest provider of financial assistance;
Amendment 32 #
2021/2245(INI)
Motion for a resolution
Recital C
Recital C
C. whereas BiH’s progress on its EU accession path depends on the implementation of the 14 key priorities in the Commission’s opinion on BiH’s possible EU membership application, and; whereas EU assistance should address the persistent lack of progress in that regardBiH is far from achieving these 14 key priorities and, accordingly, a possible EU accession is in doubt;
Amendment 35 #
2021/2245(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Considering that rampant corruption and organised crime in BiH remain a matter of serious concern and pose a significant threat also to EU Member States;
Amendment 36 #
2021/2245(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. whereas, according to the study of the United Nations Office on Drugs and Crime entitled 'Illicit Trafficking of Firearms, Their Parts and Components and Ammunition to, from and through the European Union' and several Europol reports, the Western Balkans remain one of the most important supply regions for illicit arms trafficking to the EU, and Bosnia and Herzegovina is one of the most important routes for illicit arms trafficking; whereas the number of unreported cases of illicit firearms in the Western Balkans is enormous and the threat of Islamist attacks, such as those in Paris in 2015, remains; whereas the illicit arms trade poses a serious threat to the security of Member States;
Amendment 62 #
2021/2245(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. whereas Islamists continue to gain a foothold in BiH, supported by third countries and gathering and radicalising in so-called 'para-džemats'; whereas hundreds of Bosnian nationals have joined the Islamic State in Syria and now want to return to BiH;
Amendment 63 #
2021/2245(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. whereas a migration route passes through Bosnia and Herzegovina and EU Member States continue to face the threat of uncontrolled and illegal migration; whereas the Bosnian authorities are overwhelmed by the situation;
Amendment 64 #
2021/2245(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Underscores that the pace ofa possible EU accession is determined by the due functioning of democratic institutions, grounded in the rule of law, good governance and fundamental rights; stresses, in addition, that these are precisely the conditions that are not being achieved and that, therefore, the efforts of Bosnia and Herzegovina to join the EU should be stopped;
Amendment 68 #
2021/2245(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Urges BiH to advance on the 14 key priorities by restoring the independence of the judiciary, strengthening the rule of law, intensifying the fight against corruption and organised crime, securing media freedom and an enabling environment for civil society, and protecting vulnerable groups, fighting efficiently illegal immigration;
Amendment 87 #
2021/2245(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Regrets the impasse inNotes that negotiations on electoral law reform in BiH and the lack of political will to overcome it; calls on all actors to promptly reach a balanced agreement, to fulfil the constitutional duty of democratic governance and to ensure the transparency and integrity of the electoral processosnia and Herzegovina have failed;
Amendment 150 #
2021/2245(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Urges BiH’s political actors to make progress on reforms that are needed to bring the country closer to the EU; denounces all attempts to stall these reforms, thus endangering access to EU funding under IPA III, which must be based on strict conditionality and depends on the cooperation of different authoritiesimprove the country’s situation;
Amendment 201 #
2021/2245(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls to the need for laws on gas and electricity, renewables, energy efficiency and climate, and to step up environmental and nature protection in order to ensure energy security, especially for the population of Bosnia and Herzegovina;
Amendment 236 #
2021/2245(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Deplores the continuing failure to safeguard media freedom and pluralism; insists onstresses eliminating political interference and protecting journalists from intimidation with systematic judicial follow-up;
Amendment 257 #
2021/2245(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 263 #
2021/2245(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Stresses the need to safeguard the rights of minorities and inclusion of vulnerable populations; calls for stronger country-wide human rights and anti- discrimination strategies; urges the prevention and proactive prosecution of hate crimes, hate speech and disinformation as well as gender-based and sexual violence;
Amendment 306 #
2021/2245(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. DeplorNotes the failure of the authorities to addrcombat illegal migration; notess theat BiH servere migration-related humanitarian crisis; res as a transit corridor for illegal migrants and that the large population movements in recent years pose an enormous challenge for the country in combating the smuggling of illegal migrants; calls for increased information exchange and better coordination between BiH and the EU and tis Member States; calls on the need for solidarity-based solutionEU and its Member States to provide more assistance in combating illegal migration; calls for effective EU external border management in the face of a renewed wave of migration from Afghanistan to Europe; stresses in this con migration and asylum, ensuring adequate humanitarian assistance and appropriate reception capacities across the country; welcomes the opening of the EU-funded centre in Lipa; text that the EU and its Member States, especially those bordering BiH, have an obligation to ensure external border management and to prevent further mass migration by illegal migrants; also stresses that the issue of returns of illegal migrants is crucial and that further establishment of refugee camps at the EU's external border must be prevented; notes that it is above all the Bosnian population, especially in the region around Bihać and Velika Kladuša, who are suffering as a result of rampant crime; stresses in this connection that migrants who have committed criminal offences must be deported immediately by the authorities;
Amendment 315 #
2021/2245(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Urges BiH to reverse the trend of regression on alignment with the EU’s common foreign and security policy, particularly with regard to implementing sanctions against Russia and Belarus following the invasion of Ukraine; calls on BiH to strengthen good neighbourly relations;
Amendment 324 #
2021/2245(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Calls for the EU to take concrete steps to integrate the Western Balkans and BiH within a broader strategic and security context, also in view of the Russian aggression against Ukraine, disinformation and malign interference destabilising the country and regcalls for the utmost caution in a world in tension;
Amendment 337 #
2021/2245(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Welcomes EU-funded efforts to boost demining and the disposal of weapons, ammunition and explosives; stresses that, according to the report of the United Nations Office on Drugs and Crime and several Europol reports, the Western Balkans remain one of the main supply regions for the illicit arms trade to the EU and Bosnia and Herzegovina plays a central role in the smuggling of illicit weapons; stresses that this continuing threat endangers the security of EU Member States and further exposes them to a terrorist threat, in particular from Islamists;
Amendment 340 #
2021/2245(INI)
Motion for a resolution
Paragraph 29 a (new)
Paragraph 29 a (new)
Amendment 4 #
2021/2243(INI)
Draft opinion
Recital A
Recital A
A. whereas many women fthe EU is one of the most fair places intersecting inequalities and the World when it comes to intersectional discrimination in the EU; whereas intersectional discrimination refers to a situation in which several grounds of discrimination operate and interact with each other, for example gender with other grounds of discrimination such as race, colour, ethnic or socio-economic status, age, sexual orientation, gender identity and expression, sex characteristics, genetic features, religion or belief, nationality, residence status, or disability, among others, in a way that they are inseparable and produce specific types of discrimination;
Amendment 14 #
2021/2243(INI)
Draft opinion
Recital B
Recital B
B. whereas the precarious situation faced by migrant domestic workers is an example of tolerance in the EU where the intersectionality of race, gender, socioeconomic status and nationality is barely visible;
Amendment 39 #
2021/2243(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Urges the EU institutionCalls Member States to address intersectional forms of discrimination in EU anti-discrimination and gender equality legislation and policies if present;
Amendment 62 #
2021/2243(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Calls on forthcoming presidencies of the Council to make equal treatment and the fight against discrimination a key priority and to adopt without delay the Anti-Discrimination Directive; stone of its goals; notes that major progresses that this directive presents a unique opportunity to address intersectional discrimination in fields other than employment and occupations already been achieved in the past decades and that the EU is at the forefront of the world;
Amendment 75 #
2021/2243(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. Calls on the Member States to collectfight for equality data disaggregated by gender, racial and ethnic origin, sexual orientation and identity based on voluntary participation, self-identification and informed consentas it best suits them taking into account people´s needs and wishes, while protecting anonymity and confidentiality and respecting the key principles of data protection and fundamental rights.story, traditions, progress made, capabilities of the state and so forth;
Amendment 1 #
2021/2230(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— having regard to its resolution of 15 April 2015 on the centenary of the Armenian genocide,
Amendment 76 #
2021/2230(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas Turkey has not yet recognized the Armenian genocide;
Amendment 231 #
2021/2230(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Strongly urges the Turkish Government to recognise the Armenian genocide;
Amendment 5 #
2021/2207(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 19 #
2021/2207(INI)
Motion for a resolution
Citation 26
Citation 26
Amendment 35 #
2021/2207(INI)
Motion for a resolution
Recital B
Recital B
B. whereas in the Palestinian leadership has repeatedly called for renewed peace talks leading to apast 20 years the government of Israel called several times for two-state solution, for example in 2006 Prime Minister Olmert made the most far- reaching proposal ever offered by Israel, which was rejected by president Abbas, and in November 2022 former Prime Minister Lapid talked in favour of two- state solution, which has notand all these proposals have been reciprocajected by the Israeli GovernmentPA;
Amendment 45 #
2021/2207(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
B a. whereas the leaders of Hamas, which is a recognized terrorist organization, they are calling for one state solution and the consequent destruction of the state of Israel, which is a cause for preoccupation;
Amendment 61 #
2021/2207(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
C a. Whereas the PA has not yet definitely cut the links with the extremist organizations and with the terrorist groups in the entire region, either inside and outside the Palestinian territories, Israel and the other countries;
Amendment 66 #
2021/2207(INI)
Motion for a resolution
Recital C b (new)
Recital C b (new)
C b. Whereas the influence of the Iranian terroristic regime is still very strong on the PA, and keep representing a serious threat to the peace and stability in the region;
Amendment 82 #
2021/2207(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
E a. Whereas the PA is not showing any form of serious accountability on how the EU funds are spent;
Amendment 95 #
2021/2207(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
F a. Whereas the hate speech and content is still very present in several forms in the Palestinian textbooks;
Amendment 98 #
2021/2207(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
F b. Whereas the behaviour of several PA leaders is still oriented to the propagation of a narrative based on hate and violence, as showed during the last intervention of the PA President in Berlin;
Amendment 118 #
2021/2207(INI)
Motion for a resolution
Recital H a (new)
Recital H a (new)
H a. Whereas the lack of elections is due to the inability and not real commitment to have free elections showed by the PA;
Amendment 141 #
2021/2207(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
I a. Whereas Israel is providing valuable jobs to several thousands of Palestinians;
Amendment 147 #
2021/2207(INI)
Motion for a resolution
Recital I b (new)
Recital I b (new)
I b. Whereas it is recognized that the main reason for the deterioration of the social and economic conditions in the Palestinian territories is related to the corruption of the PA;
Amendment 188 #
2021/2207(INI)
Motion for a resolution
Paragraph 1 – point c a (new)
Paragraph 1 – point c a (new)
(c a) underline the importance of the condemnation of hate speech and violent behaviour by the PA Authorities;
Amendment 228 #
2021/2207(INI)
Motion for a resolution
Paragraph 1 – point g a (new)
Paragraph 1 – point g a (new)
(g a) call for the PA to condemn any organizations that have proximity with extremists and terrorists;
Amendment 237 #
2021/2207(INI)
Motion for a resolution
Paragraph 1 – point h a (new)
Paragraph 1 – point h a (new)
(h a) Call for the PA to eliminate any kind of political connection with the terrorist regime in Iran;
Amendment 316 #
2021/2207(INI)
Motion for a resolution
Paragraph 1 – point r a (new)
Paragraph 1 – point r a (new)
(r a) note that Israel could represent a valuable actor to enhance the level of effectiveness of the EU financial assistance, giving the fact that Israel is representing the only country with an administrative system similar to those of the European Union;
Amendment 335 #
2021/2207(INI)
Motion for a resolution
Paragraph 1 – point u
Paragraph 1 – point u
(u) ensure continued and additional financial support to Palestinian refugees through UNRWA to meet the increasing needs on the ground but underlines the mandatory revision that UNRWA has to do to the content of the text books, and asks to UNRWA to ensure that no EU public money will be used again to promote hate and violent content in the schools;
Amendment 132 #
2021/2206(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) take note of the growing activity of Islamic terrorist groups in the whole region, and provide tailored and effective assistance to the affected countries in countering both the immediate effects of this expansion and the root causes of extremism and radicalisation;
Amendment 204 #
2021/2206(INI)
Motion for a resolution
Paragraph 1 – point q a (new)
Paragraph 1 – point q a (new)
(q a) conclude robust return and readmission agreements with States in the region, and ensure that development aid is made conditional upon the effective implementation of these agreements;
Amendment 208 #
2021/2206(INI)
Motion for a resolution
Paragraph 1 – point r
Paragraph 1 – point r
(r) adopt a policy of regional placement of refugees; provide assistance and support to the countries hosting and assisting refugees; facilitate the relocation of displaced persons and internally displaced persons;
Amendment 125 #
2021/2199(INI)
Motion for a resolution
Recital J a (new)
Recital J a (new)
Ja. whereas the tactical moves by the dictatorial regime in Belarus to channel migration flows towards the EU’s external borders, thereby aggravating the situation for neighbouring countries, and in particular Poland, in response to EU sanctions, has triggered a tragic crisis that has aroused great concern;
Amendment 243 #
2021/2199(INI)
Motion for a resolution
Recital AL a (new)
Recital AL a (new)
ALa. whereas it is strategically important to ensure political stability in the area, as this is essential for ensuring a constant and continuous energy supply, including for Europe, so as to avert the risk of dangerous energy shortages and ensuing price rises;
Amendment 428 #
2021/2199(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Expresses deep concern about destabilising and terrorist actions by certain countries, notably Iran, in the South Caucasus, and Turkey, in the Mediterranean; strongly condemns any acts of terrorism; welcomes the security cooperation between the EU, its Member States and EaP countries and fully supports the further deepening of counter-terrorism cooperation;
Amendment 45 #
2021/2182(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 84 #
2021/2182(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. WelcomesExpresses concern about the EU’s growing ambition and initiatives to take the lead in promoting global partnerships on key priorities and in strengthening the multilateral order through a reform of key institutions and organisations;
Amendment 118 #
2021/2182(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Encourages the EU to develop its leadership role in the defence andInsists that the EU does not have the mandate to defend or promotion ofe human rights in multilateral forums, and in particular the UN; believes that the EU should ensure an effective use of the EU Global Hthe world, and that this mandate lies with the United Nations; emphasises that the EU is not the world’s human Rrights Sanctions Regime (EU Magnitsky Act), including the development of a complementary EU anti-corruption sanctions regime, and better enforce the human rights provisions of the international agreements it has concludedd democracy watchdog, and nor should it be;
Amendment 191 #
2021/2182(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Reiterates that the EU needs first and foremost a stronger and genuine political willConsiders that a common EU foreign policy is not possible, given the different national interests of itsthe Member States to jointly agree on and promote EU foreign policy goals and EU security and defence cooperationhat should be preserved and respected;
Amendment 213 #
2021/2182(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Recalls that the Treaties provide for the possibility to improve decision-making procedures for the CFSP; stresses that unanimity hampers the EU’s ability to act and therefore calls for the Member States to use qualified majority voting for specific aspects of the CFSP; in particular, reiterates its call for the introduction of qualified, however, that in order to preserve the sovereignty of Member States, unanimity must remain the decision-making benchmark in the Council when it comes to foreign and security policy; considers that the interest of Member States are vastly different in light of geopolitical realities and that these interests can only be preserved through unanimity, as any form of majority voting forhas the adoption of sanctions; stresses that the use of Article 44 TEU could improve the EU’s flexibility and capacity to actpotential of ignoring and undermining vital national interests;
Amendment 220 #
2021/2182(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
Amendment 255 #
2021/2182(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. CRecalls for the EU to ensure its strategic sovereignty in specific areas that are fundamental to the Union’s existencethat existence on the global scene, as the term itself suggests, is based exclusively on the representation onf the global scene, such as economics, security and technology, and to establMember States; stresses that the European Union has absolutely no legitimacy in thish a European Defence Unionrea;
Amendment 277 #
2021/2182(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Stresses that EU sovereignty in the field of security and defence means the development, coordination and deployment ofthere is no such thing as “EU sovereignty” since the EU is not a strategic capabilities, an efficient division of labour between the Member States and the EU’s ability to decide and act autonomously, in line with its own interests, principles and values; stresses that this approach reinforces cooperation w, and can therefore not sovereign; emphasises that the EU derives iths partners, in particular within the framework of NATO; welcomes in this regard the Commission President’s announcementower to act from the Member States, and that the EU cand NATO will present a joint declaration on cooperation by the end of 2021; welcomes the discussion on an ‘initial entry force’ as presented by the VP/HR only act because of the conferral of power by the Member States;
Amendment 295 #
2021/2182(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Underlines the need for the Union to develop its technological sovereignty through the enhancement of industrial defence capabilities, in particular in emerging disruptive technologies (EDTs), and theat common defence projects have always been founded on transnational cooperation; rejects any drift towards federalism in this area, as envisaged by the Commission; stresses that Member States should not have their technologies and research protjection and resilience of critical infrastructurs jeopardised by the Europeanisation of industrial defence bases;
Amendment 322 #
2021/2182(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Reiterates its call for accelerating the enlargement process, with a focus on strengthening democracy, the rule of law, and human rights, as well as fostering reconciliation in the Western Balkans, as prerequisites for durable stability and prosperityrejects any new plans to further enlarge the European Union;
Amendment 386 #
2021/2182(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Is concerned by the Turkish Government’s increasingly assertive foreign policy, which is repeatedly putting the country at odds with the EU and individual Member States; deplores the long-deteriorating situation regarding human rights and democracy in Turkey; recalls, however, that Turkey will continue to be a country of key strategic interest for the EU and that engagement needs to continue in a phased, proporinsists that all accession negotiations with Turkey be unconditionatelly and irreversible manner, keeping the country as closely anchored to the EU as possibley terminated;
Amendment 1 #
2021/2181(INI)
Motion for a resolution
Citation 5 a (new)
Citation 5 a (new)
— having regard to the Montevideo Convention on the Rights and Duties of States of 1933,
Amendment 26 #
2021/2181(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
— having regard to the European Union Institute for Security Studies’ study on the fight against climate change and the effect this has on fuelling terrorism, specifically in the Sahel region, published in December 2020,
Amendment 50 #
2021/2181(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Is extremely concerned by the challenges to human rights and democracy, resulting in the weakening of the protection of democratic institutions and of universal human rights, as well as the shrinking space for civil society, observed around the world; calls for the EU and its Member States to make stronger efforts to address the challenges to human rights, both individually and in cooperation with like- minded international partners; recalls, however, that the EU does not have the mandate to impose its vision of human rights and democracy on the world; emphasises that the EU is not the world’s human rights watchdog, nor should it be;
Amendment 58 #
2021/2181(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines the importance of both the new Neighbourhood, Development and International Cooperation Instrument (NDICI) – Global Europe and the EU Action Plan on Human Rights and Democracy 2020–2024 for this goal; recalls that the use of the rule of qualified majorinsists that unanimity voting within the Council on human rights issues would result in a more effective and proactive EU foreign and security policy, and would strengthen cooperation on matters of key strategic interest for the EU, while reflecting itsmust remain in place and that a move towards qualified majority voting in foreign policy matters will cause a slippery slope that will even further erode the sovereignty of Member States; recalls that the ability to enter into relations with other states, and by analogy the ability to determine foreign policy, is one of the foundamental values;tional elements of statehood and sovereignty as encapsulated in the Montevideo Convention on the Rights and Duties of States.
Amendment 170 #
2021/2181(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Strongly condemns the killing of human rights defenders around the world and stresses that most of them were engaged in the protection of their land and the environment and the defence of the rights of indigenous peoples; reiterates its call to ensure that the principle of free, prior and informed consent is fully respected, in line with International Labour Organization (ILO) Convention No. 169 on Indigenous and Tribal Peoples; stresses the need to improve access to justice throughout the world with a view to combating the widespread impunity for such killings; notes, however, that greater efforts are needed not only on reparation and redress, but also in prevention through, inter alia, the strengthening of national plans for the protection of human rights defenders in third countries; stresses, however, that it is neither the duty nor the mandate of EU institutions to actively support self-appointed, undemocratic and subjective organisations and individuals engaged in defending democracy and human rights;
Amendment 174 #
2021/2181(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Notes with concern that NGOs have played a major role in facilitating human smuggling and that private entities should not be actively involved in carrying out search and rescue missions;
Amendment 188 #
2021/2181(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 200 #
2021/2181(INI)
Motion for a resolution
Paragraph 22 a (new)
Paragraph 22 a (new)
22a. Notes that, according to a recent study published by the European Union Institute for Security Studies, the argument that environmental changes exacerbate violence, conflict and terrorism cannot be proven or confirmed; further notes that the study has found that environmental protection programmes in the Sahel have contributed to exacerbating terrorism that one-size-fits- all approaches to environmental challenges and climate change mitigation are “recipes for disaster”, creating a “fertile ground for terrorist groups” in, for example, Burkina Faso.
Amendment 240 #
2021/2181(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates its strong condemnation of any form of discrimination, xenophobia, intolerance, persecution and killings linked to race, ethnicity, nationality, social class, disability, caste, religion, belief, age, sexual orientation and gender identity that continue to be a major problem in many countries; welcomes the launch of the EU’s anti-racism action plan 2020–2025, which recognises not only the individual and social dimensions, but also the structural nature of this phenomenon; stresses that in spite of 20 years of work since the signing of Durban Declaration and Programme of Action in 2001, racism, discrimination, xenophobia and related intolerance continue to be a scourge around the world and calls for a zero-tolerance approach to them;
Amendment 250 #
2021/2181(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Expresses its deep concern regarding policies of reverse racial discrimination in South Africa; notes that South Africa is the only country in the world where a majority of 80% is protected through affirmative action policies against a minority of no more than 8%, more than 25 years after the end of apartheid; further condemns the brutal and torturous murders of white South Africans, and farmers in particular; urges the South African government to prioritise the prevention, investigation and prosecution of these attacks and murders as a matter of extreme urgency, to prevent a potential genocide from occurring and to ensure that those responsible are held accountable; further confirms the right of peoples in South Africa to pursue self- determination in all its forms and urges the South African government to ensure that the right to self-determination is given meaningful effect for all peoples in South Africa, and in particular for minorities; further condemns the fact that these attacks are widely ignored or rationalised by the international community in its perpetual pursuit of political correctness; urges EU Member States to condemn all such acts of violence against minority groups in South Africa;
Amendment 262 #
2021/2181(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
30. Fully supports the right to freedom of thought, conscience and religion, to hold a belief, or not to believe, and the right to manifest and to change or leave one’s religion or belief without fear of violence, persecution, or discrimination; deplores the persecution suffered by minorities on the grounds of belief or religion in many places in the world; condemns the abuse of blasphemy laws to perpetuate discrimination and deplores the use of religion and religious institutions to the detriment of human rights through the persecution, including by legal means, of belief or religious minorities, women and LGBTIQ personsis deeply concerned about the increase in desecration and vandalism of sacred and religious sites; calls on the EU and its Member States to condemn all such actions and stand in defence of the Christian heritage;
Amendment 277 #
2021/2181(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Notes with concern that Christians remain the most persecuted religious community in the world; condemns in the strongest terms the perpetrated by Islamic fundamentalists; recognises that expressions of sorrow are inadequate in protecting these vulnerable communities from further violence; emphasises the role EU Member States have to play in condemning and confronting these attacks against communities that share their Christian heritage;
Amendment 324 #
2021/2181(INI)
Motion for a resolution
Paragraph 34
Paragraph 34
34. Reaffirms the inalienable human rights of migrants and refugees, and calls for the EU and its Member States to fully uphold them in their cooperation with third countries, both in terms of the establishment of high legal standards and, equally importantly, their operationalisation in order to ensure the effective protection ofbut emphasises that these rights have to be balanced with these rights in practice; reiterates its call on the Commission to carry out a review of the human rights impact of migration policy frameworks and of the EU’s cooperation on migration with third countries; underlines the risks related to informal arrangemof citizens of Member States; calls for the EU Member States to interpret the Geneva Convents ion return and readmission, which are not subject to judicial scrutiny and therefore do not allow for effective redress for human rights violations suffered by migrants and asylum seekeras was originally intended and insists on a policy of regional placement of refugees;
Amendment 333 #
2021/2181(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Equally, calls for independent, effective mechanisms to monitor formal readmission agreements, both at the EU’s bordersUrges the EU and its Member States to make anid in partner countries in order to ensure full respect for human rights, including the principle of non- refoulement; recalls that the right to asylum is guaranteed by Article 18 of the Charter of Fundamental Rights of the European Union; expresses its hope that the New Pact on Migration and Asylum, including the new European Union Agency for Asylum, will help the EU Member States in creating efficient, properly functioning asylum systems, improving protection for asylum seekers and respecting the principles of the fair sharing of responsibility and solidarity among Member States; reiterates the need for a European agreement on a humanitarian visa or on thgranted to developing countries conditional on agreements on the effective readmission of illegal migrants present in the EU; stresses the importance of blocking funding to civil society groups that act as an illegal shuttle use of the European Temporary Protection Directivervice to smuggle migrants;
Amendment 343 #
2021/2181(INI)
Motion for a resolution
Paragraph 35 a (new)
Paragraph 35 a (new)
35a. Condemns in the strongest terms the weaponisation of migration by certain states; expresses concern about the fact that the EU has made itself vulnerable to such attacks by implementing its Wilkommenspolitik since 2015;
Amendment 357 #
2021/2181(INI)
Motion for a resolution
Paragraph 38 a (new)
Paragraph 38 a (new)
38a. Underlines Turkey’s role in creating new and escalating existing conflicts in various vulnerable regions; in this regard calls on the EU to permanently terminate accession negotiations with Turkey and to stop all funding to the country effective immediately;
Amendment 66 #
2021/2180(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 availableone of the tools 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;
Amendment 80 #
2021/2180(INI)
Motion for a resolution
Recital D
Recital D
D. whereas it is not necessary to strengthen and 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 upheld throughout the Union, since any such mechanism would be interpreted and applied by the Commission who has a track record of instituting infringement proceedings based on subjective and political convictions;
Amendment 115 #
2021/2180(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomNotes the Commission’s second annual rule of law report; regrets the factnotes 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 Rule of Law Report; considers that these recommendations remain valid and reiterates them;
Amendment 126 #
2021/2180(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the factNotes that the functioning of justice systems, the anti- corruption framework, media pluralism and certain institutional issues related to checks and balances, including civic space to a certain extent, 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;
Amendment 146 #
2021/2180(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Notes with satisfaction that the report contains country-specific chapters; commends the Commission’s efforts to engage with national governments and national parliaments, as well as civil society and other national actors; encourages the Commission to devote greater efforts to deepening the analysis, and invites the Commission to ensure proper resources for that; believes that more time should be devoted to the Commission’s country visits, including on site;
Amendment 163 #
2021/2180(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Welcomes the factEmphasises that all Member States armust 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;
Amendment 167 #
2021/2180(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 179 #
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 ais points of concern in the synthesis report; recalls that since June 2021 Parliament has also addresdisproportionally focussed on Member States that refused 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 o succumb to the Commission’s political ideologies, whilst ignoring breaches in Member States thast also addressed similar issues in Bulgaria, Greece, Malta, Slovakia and Sloveniare governed by parties affiliated to the EPP and S&D, for example;
Amendment 209 #
2021/2180(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomNotes the Commission’s intention to include country-specific recommendations in the 2022 report; calls on the Commission to accompany such recommendations with deadlines for implementation, targets and concrete acdraws attention to the fact that there is no EU- wide definition of the concept of the rule of law; draws attentions to be taken; calls on the Commission to include in subsequent reports indications on the implementation of its recommendationsthe fact that the various legal jurisdictions of the Member States attach different definitions to the concept of the “rule of law” and that this difference in national law should be respected and celebrated;
Amendment 213 #
2021/2180(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
Amendment 225 #
2021/2180(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Regrets the factNotes that the 2020 report might fails to fully encompass the Article 2 TEU values of democracy and fundamental rights, which are immediately affected wrecalls that then countries start backsliding on the rule of law; reiterates the intrinsic link between the rule of law, democracy and fundamental rightsncept of rule of law should not be given the Commission’s subjective interpretation;
Amendment 244 #
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 rightsparticularly at a time of rising antisemitism and anti-western sentiment in Europe, continue to see their rights not being fully respected across the Union;
Amendment 262 #
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; ombudspersons, professional associations and other stakeholders; 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 272 #
2021/2180(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 288 #
2021/2180(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Recalls that the Commission mustshould 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 292 #
2021/2180(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
Amendment 302 #
2021/2180(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Considers that cooperation with the Council of Europe and other international organisations is of particularmight be of 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;
Amendment 312 #
2021/2180(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
Amendment 317 #
2021/2180(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
Amendment 323 #
2021/2180(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
Amendment 335 #
2021/2180(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. ReiteratBelieves that the annual report shcould serve as a basis for deciding whether to activate one or several relevant tools such as Article 7 TEU, the Rule of Law Convoluntary guidebook for Member States but reiterates the fact that the various legal jurisdictionality Regulation, the Rule of Law Framework or infringement procedures, including expedited procedures, applications for interim measures before the CJEU and actions regards of the Member States attach different definitions to the concept of the “rule of law” and that this difference ing non-implementation of CJEU judgments; calls on the institutions to activate such tools without delayational law should be respected and celebrated;
Amendment 344 #
2021/2180(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. RecallBelieves that infringement procedures are the core instrument to protect and defend EU law and the common values enshrined in Article 2 TEU; notes with concern that the number of infringement procedures launched by the Commission has plummeted since 2004; is surprised by 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 timely application the preventive capacity of infringement procedures declinedings are an instrument to pursue political goals by punishing Member States that do not subscribe to leftist ideologies;
Amendment 355 #
2021/2180(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Recalls the importance ofBelieves that 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 analysi´s intent is to punish Member States that that do not subscribe to leftist ideologies; uargues 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 potenat the conditionality will become yet another political of the Common Provisions Regulation and the Financial Regulation to protect the rule lawsanctioning mechanism in addition to Article 7 proceedings;
Amendment 368 #
2021/2180(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Strongly regretWelcomes the inability of the Council to make meaningful progress in ongoing Article 7(1) TEU procedures; urges the Council to ensure that hearings take place on a regular basis and also address new developments; reiterates its call on the Council to address concrete recommendations to the Member States in question, and to provide deadlines for the implementation of those recommendations; insists that Parliament’s role and competences be respected;
Amendment 3 #
2021/2146(DEC)
Draft opinion
Paragraph 1
Paragraph 1
Amendment 4 #
2021/2146(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. Deeply regrets that the obligation included in Regulation (EU) 2019/1896 to recruit at least 40 fundamental rights monitors by 5 December 2020 has still not been fulfilled; urges the European Border and Coast Guard Agency (the ‘Agency’) to swiftly recruit the remaining fundamental rights monitors and to appoint them at AD level, asStates that the recruitment of 40 fundamental rights monitors by the European Border and Coast Guard Agency (the ‘Agency’), under pressure from the European Parliament and the European Commission have repeatedly called for; reminds the Agency that that is one of seven conditions set by the Parliament in its previous discharge reports; recognises the progress made by the Agency in that respect; highlights however that the lack of fulfilment of those conditions increases the risk of, only serves to transform it into a committee to help migrants, whereas its role is to protect the European borders; affirms that the absence of recruitment of monitors or the attribution of a grade to them cannot be a reason for refusaling to grant discharge for the financial year 2020;
Amendment 9 #
2021/2146(DEC)
Draft opinion
Paragraph 2
Paragraph 2
Amendment 10 #
2021/2146(DEC)
Draft opinion
Paragraph 2
Paragraph 2
2. RegretNotes that the call to suspend the Agency’s support for return-related operations from Hungary for as long as, and as concluded by the Court of Justice of the European Union, the return decisions issued by the Hungarian authorities are incompatible with Directive 2008/115/EC and the Charter of Fundamental Rights of the European Union has not been fulfilled; is deeply concerned that the Agency’s management board has still not adopted a detailed procedure for the implementation of Article 46 of Regulation (EU) 2019/1896, especially in the light of developments in Greeceaccording to the document "Reflection on the current legal and operational developments" released by the Agency in July 2022, no complaint or serious incident report has been received by Frontex in any of the returns by Hungary supported by Frontex so far, neither from individuals or from any organisation; congratulates Hungary and Greece for their vital work in protecting Europe's borders to combat the flood of migrants; urges the EU to support these Member States;
Amendment 22 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 23 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. WelcomesNotice the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency,into the Agency's activities to the members of Parliament’'s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regretdenounces the lcong delay taken towards grantclusions of this investigation; requests, ing that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends, given those findings, toe interests of transparency and impartiality, that the answers given by the former Executive Director, Mr. Leggeri, at his hearing before the Frontex Management Board in connection with this investigation also has to be published; pending these answers, recommends that Parliament’'s Committee on Budgetary Control not to grant discharge for the financial year 2020;
Amendment 24 #
2021/2146(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Welcomes the decision to partially grant access to the report of the European Anti-Fraud Office (OLAF) on the investigation conducted with respect to the activities of the Agency, to the members of Parliament’s Committee on Budgetary Control and Committee on Civil Liberties, Justice and Home Affairs; regrets the long delay taken towards granting that access; is profoundly concerned about the findings of that investigation; expresses its utter disappointment in the behaviour and actions described in the findings presented; recommends, given those findings, to Parliament’s Committee on Budgetary Control not to grant discharge for the financial year 2020Requests that the former Executive Director of Frontex, who claims that the mandate of the Agency is unclear - to be a European border police force or a body verifying how Member States apply fundamental rights at borders - has to be heard in the European Parliament;
Amendment 31 #
2021/2146(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Welcomes the appointment of the interim executive director on 1 July 2022Regrets that the Strategic Risk Analysis 2022 report published by the Executive Director ad interim of the Agency proposes the future development of legal pathways for migration to Europe in response to possible future global geographic imbalances; condemns this promotion of migration by the Agency;
Amendment 36 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
Amendment 37 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the acknowledgeCondemns the harassment byof the acting eformer Executive dDirector of the standing problems of the Agency and the commitments she madeAgency and countries in ther presentation in Parliament’s Committee on Civil Liberties, Justice and Home Affairs on 30 May 2022, which included commitments to ensure that the Agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights, to change the organisational culture of the Agency, including to make sure people are not afraid to speak up about possible wrongdoings, to organise a dialogue with the members of staff, to encourage delegation of powers and to build relationships of trust with other institutions and the public; expects decisive steps to fulfil those commitments; notes with concern the statements of the acting executive director about the demotivation and distress of the staff; expects a detailed strategy to tackle that issue front line of the flood of migrants, such as Hungary, Poland or Greece, which are protecting the continent; states that this harassment is the work of the European Commission and the European Parliament; demands that it cease; expects the Agency to be able to carry out its work of defending the borders of the European Union with the support of the European institutions;
Amendment 38 #
2021/2146(DEC)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes the acknowledgement by the acting executive directRecalls that the annual report ofn the standing problems of the Agency and the commitments she made in her presentation in Parliament’s Committee on Civil Liberties, Justice and Home Affairs on 30 May 2022, which included commitments to ensure that the Agency fully implements its mandate and operates in full respect of the rule of law and fundamental rights, to change the organisational culture of the Agency, including to make sure people are not afraid to speak up about possible wrongdoings, to organise a dialogue with the members of staff, to encourage delegation of powers and to build relationships of trust with other institutions and the public; expects decisive steps to fulfil those commitments; notes wimplementation of Regulation (EU) No 656/2014, establishing rules for the surveillance of the external sea borders in the context of operational cooperation coordinated by the Agency on activities carried out in 2021, indicates that the Agency has ensured the application of provisions of this Regulation in iths concern the statements of the acting executive director about the demotivation and distress of the staff; expects a detailed strategy to tackle that issueordinated maritime operations;
Amendment 48 #
2021/2146(DEC)
Draft opinion
Paragraph 6
Paragraph 6
6. Calls on the management board and Commission to recruit as soon as possible a new eExecutive dDirector as soon as possible.whose priority is the protection of the European Union's external borders;
Amendment 45 #
2021/2064(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the situation in Libya has further deteriorated since the indefinite postponement of the elections at the end of 2021, deepening the political deadlock and division in the country; whereas this postponement disappointed the more than 2.8 million Libyan citizens who had registered to vote; whereas in the context of multilateralism in crisis, Libya is one of the stages on which the rivalry between Russia and NATO is playing out, behind which lies geopolitical competition between emerging regional powers;
Amendment 67 #
2021/2064(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the increasing involvement in the conflict of local and foreign armed groups, as well as foreign forces, poses a threat to the security of Libya and the entire region, and whereas the persistent tensions in the country have resulted in continuous and perilous disruptions to crude oil production, pushing up prices and increasing fears of a slowdown in global demand for fossil fuels;
Amendment 70 #
2021/2064(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the increasing involvement in the conflict of local and foreign armed groups, as well as Islamic terrorist groups and foreign forces, poses a threat to the security of Libya and the entire region;
Amendment 95 #
2021/2064(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the EU has beenis developing a renewed partnership with the Southern Neighbourhood, and the burgeoning presence in that area of military forces with links to countries like Turkey and Russia pose a constant threat to the stability of the area;
Amendment 97 #
2021/2064(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the constant instability of the North Africa area accents the geopolitical importance of an area which is effectively NATO's southern flank; whereas it is therefore necessary to invest time and resources to avoid third-country expansion there;
Amendment 105 #
2021/2064(INI)
Motion for a resolution
Recital K
Recital K
K. whereas migrants, refugees and asylum seekers often become victims of human traffickers and are subjected to violence, arbitrary arrest, detention, extortion, kidnapping for blackmail and exploitation;
Amendment 112 #
2021/2064(INI)
Motion for a resolution
Recital K a (new)
Recital K a (new)
Ka. whereas, given that Turkey is already using migrants as a means of blackmailing Europe, strengthening Europe's focus on Libya is a priority in order to prevent Turkey from also using the migration routes that transit Libya for its own geopolitical gain;
Amendment 118 #
2021/2064(INI)
Motion for a resolution
Recital K b (new)
Recital K b (new)
Kb. whereas Libya is the main country of departure on the Central Mediterranean migration route;
Amendment 126 #
2021/2064(INI)
Motion for a resolution
Recital L a (new)
Recital L a (new)
La. whereas Russia’s war of aggression in Ukraine has, perilously, put a brake on the shipment of wheat and other food products that are essential for feeding the peoples of North Africa, and whereas in the past food shortages have already created situations of dangerous instability in that area;
Amendment 129 #
2021/2064(INI)
Motion for a resolution
Recital L b (new)
Recital L b (new)
Amendment 142 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point a
Paragraph 1 – point a
(a) ensure a UN-led and Libyan-owned inclusive national reconciliation process is given the strongest support possible in order to deliver longer-term stability and security and lay the foundations for a peaceful and democratic transition that involves all Libyan stakeholderscitizens and which guarantees a proper level of security both for Libya and for Europe;
Amendment 160 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point c a (new)
Paragraph 1 – point c a (new)
(ca) increase checks along the routes taken by migrants to prevent Islamic terrorists, who are now active in parts of North Africa, from reaching Europe;
Amendment 168 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point d
Paragraph 1 – point d
(d) reinforce the call made during the Paris International Conference for Libya of 12 November 2021 for all mercenaries, foreign fighters, Islamic terrorists and foreign forces to withdraw from Libyan territory;
Amendment 177 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point e
Paragraph 1 – point e
(e) increase support to the Libyan authorities for the implementation of a comprehensive security sector reform and in the area of disarmament, demobilisation and reintegration policies for armed groups and terrorist groups;
Amendment 187 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point f a (new)
Paragraph 1 – point f a (new)
(fa) increase the resources for projects to train the Libyan Coast Guard in policing and counteracting human trafficking in the Mediterranean as part of the measures to address irregular migration;
Amendment 207 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point h
Paragraph 1 – point h
(h) support the valuable work of the EU Border Assistance Mission in Libya and the European Union Naval Force Mediterranean operation Irini, two common security and defence policy (CSDP) missions, in contributing to sustainable peace, security and stability, in particular through their support for the implementation of the arms embargo imposed on Libya by the UN Security Council; renew, if necessary, the mandate of these two common security and defence policy missions in order to contribute to improving the security conditions on the ground, including by preventing terrorists, human traffickers and armed groups from carrying out cross-borderany type of activitiesy; guarantee that all activities carried out or facilitated by these two missions respect human rights and are in line with international and EU laws, in particular the principle of non-refoulement; conduct and provide Parliament with regular human rights impact assessments of all their activities;
Amendment 211 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point h a (new)
Paragraph 1 – point h a (new)
(ha) prevent non-governmental organisations from taking the place of the competent authorities when it comes to the monitoring and control of human trafficking in Mediterranean waters;
Amendment 222 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point i
Paragraph 1 – point i
(i) mobilise adequate EU funds under the Neighbourhood, Development and International Cooperation Instrument to support Libyan democratisation efforts and projects aimed at strengthening the rule of law and, good governance and the combating of irregular migration; ensure that these projects are in line with the priorities of the New Agenda for the Mediterranean and the UN 2030 Agenda;
Amendment 251 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point l a (new)
Paragraph 1 – point l a (new)
(la) urge the Libyan authorities to ensure that European companies operating in Libya can continue to do so safely;
Amendment 252 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point l b (new)
Paragraph 1 – point l b (new)
(lb) urge the Libyan authorities to promote and boost investment in infrastructure for the transportation of fossil fuels to Italy and Europe;
Amendment 259 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point m
Paragraph 1 – point m
(m) encourage the Libyan authorities to enhance cooperation with neighbourhood countries regarding the creation of safe and legal pathways for migrationon the policing of borders;
Amendment 264 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point m a (new)
Paragraph 1 – point m a (new)
(ma) encourage the Libyan authorities to step up the combating and counteracting of human trafficking in Mediterranean waters;
Amendment 267 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
Amendment 276 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point n
Paragraph 1 – point n
(n) create new safe and legaldiscourage irregular pathways for migration to the EU, including by opening new humanitarian corridors and increasing Member States’ resettlement pledges through the Emergency Transit Mechanismsby solely guaranteeing humanitarian corridors for refugees fleeing wars and countries where fundamental human rights are not guaranteed;
Amendment 279 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point n a (new)
Paragraph 1 – point n a (new)
(na) establish migrant protection and identification centres, managed by international organisations, on Libya's southern borders in order to prevent the Libyan coast from becoming a point of departure for irregular migration flows;
Amendment 288 #
2021/2064(INI)
Motion for a resolution
Paragraph 1 – point o
Paragraph 1 – point o
(o) actively support the renewal of the UN Independent Fact-Finding Mission on Libya and of the duties relating to illegal trafficking of human beings to Europe;
Amendment 5 #
2021/2061(INI)
Motion for a resolution
Citation 7
Citation 7
– having regard to the Commission’s Springummer 2021 European Economic Forecast of 12 Ma7 July 2021,
Amendment 14 #
2021/2061(INI)
Motion for a resolution
Citation 19 a (new)
Citation 19 a (new)
– having regard to the Commission´s State Aid Scoreboard 2020,
Amendment 15 #
2021/2061(INI)
Motion for a resolution
Citation 19 b (new)
Citation 19 b (new)
– having regard to the Joint Employment Report 2021,
Amendment 16 #
2021/2061(INI)
Motion for a resolution
Citation 19 c (new)
Citation 19 c (new)
– having regard to the Commission´s report on taxation trends in the EU 2021,
Amendment 29 #
2021/2061(INI)
Motion for a resolution
Recital C
Recital C
C. whereas according to the Commission springSummer 2021 economic forecast, the drop in economic activity has been less than previously expected, thanksallegedly partly due to the emergency support measures designed to provide liquidity to businesses and protect the income and jobs of EU citizens;
Amendment 46 #
2021/2061(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the ratio of public debt to GDP in the EU is forecast at 94 % this year, while the euro area debt-to-GDP ratio is forecast to follow the same trend, rising to 102 % this year; whereas 7 Member States are expected to have debt-to-GDP ratios well in excess of 100 % in this year, with one Member States even going well over 200 %;
Amendment 48 #
2021/2061(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the ratio of public debt to GDP in the EU is forecast at 94 % this year, while the euro area debt-to-GDP ratio is forecast to follow the same trend, rising to an alarming 102 % this year;
Amendment 54 #
2021/2061(INI)
Motion for a resolution
Recital H
Recital H
H. whereas reference values of up to 3 % of planned or actual government deficit and 60 % of debt to GDP are defined by the TFEU; whereas Member States cannot be expected to enjoy the benefits of a stable, essentially northern currency, while at the same time applying southern budgetary and fiscal policies; whereas this has thus far led to a latinisation of the euro, rather than sound and responsible budgetary and fiscal policies across the Member States;
Amendment 72 #
2021/2061(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes that the European economy is recoveringGDP is increasing again from the devastating impact of the global pandemic; underlines that GDP growth is not necessarily a good indicator to assess the resilience and recovery of an economy; remains concerned about low growth potential compared to othernon-EU and non-euro area regions in the post- pandemic recovery;
Amendment 76 #
2021/2061(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is concerned about the negative impact of the COVID-19 crisis on the European economy, trade, consumer trust, income inequalities and poverty, as well as the risk of regulatory overreach, a more permissive approach to sovereign debt issues and debt-financing of national budgets, and the rise of mass surveillance;
Amendment 79 #
2021/2061(INI)
Motion for a resolution
Paragraph 1 b (new)
Paragraph 1 b (new)
1b. Calls for ambitious cuts in public debt and for an ambitious overhaul of the debt-financing culture across the EU, if the common currency is to survive the next decade;
Amendment 84 #
2021/2061(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Points out that the roll-out of the Recovery and Resilience Facility (RRF) willintends to help to make EU economies and societies more sustainable, inclusive, resilient and better prepared for the green and digital transitions; notes that the facility, which is the centrepiece of the illegally EU debt-funded NextGenerationEU, will provide large- scale financial support to Member States of up to EUR 672.5 billion in grants and loans to finance reforms and investments, while at the same time binding Member States and future generations to pay back the loans and bear the interest due on the EU-issued bonds;
Amendment 94 #
2021/2061(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Recalls that the NextGenerationEU programme is a one- off and should not serve as a precursor of a permanent, debt-funded programme;
Amendment 116 #
2021/2061(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5a. Regrets the activation of the general escape clause of the Stability and Growth Pact, and expects that it will remain activated at least until 2023 in order to allow increased public spending and debt financing of the Member States, which will only increase market volatility; urges the Commission and the Member States to focus rather on sustainable recovery from the consequences of the lockdown measures following the pandemic crisis and strengthen their economic and social resilience;
Amendment 124 #
2021/2061(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5b. Recalls the specific need to prepare an orderly break-up of the euro area; calls on the Commission to prepare withdrawal scenarios for Member States to leave the euro area, including a proposal for a Treaty change to make it possible to expel Member States from the euro area, when in persistent violation of SGP rules and in persistent TARGET-2 imbalance;
Amendment 125 #
2021/2061(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5c. Considers it essential that the escape clause is repealed as soon as possible, and to reduce high public debt ratios to an absolute minimal value in the long term;
Amendment 136 #
2021/2061(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Is convinced that coordination of national fiscal policies remains crucial in underpinning the recovery; notes that the overall fiscal stance, taking into account national budgets and the RRF, should remain supportive in 2021 and 2022;
Amendment 144 #
2021/2061(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Highlights that fiscal policy should remain agile and adjust to the evolving situation as warranted, and that a premature withdrawal of fiscal support should be avoided; further highlightsNotes that according to the Commission the expectation that economic activity will gradually normalise in the second half of 2021 and agrees that Member States’ fiscal policies should become more differentiated in 2022, duly taking into account the state of the recovery, fiscal sustainability and the need to reduce economic, social and territorial divergences;
Amendment 153 #
2021/2061(INI)
Motion for a resolution
Paragraph 8 a (new)
Paragraph 8 a (new)
8a. Highlights the need to shift taxes from income to other sources, such as pollution, and from wealth of EU citizens to wealth of non-EU citizens, such as property within the EU or shares in European companies acquired by non-EU citizens; regrets in this regard that according the Commission´s 2020 report on taxation trends in the EU there has been no shift in taxation in the last 15 years;
Amendment 158 #
2021/2061(INI)
Motion for a resolution
Paragraph 8 b (new)
Paragraph 8 b (new)
8b. Deplores the abuse of the crisis to further loosen monetary and fiscal policy, at both EU and Member State level, as well as the European Recovery Plan and its proposed partial debt-financing; recalls that debt-financing is prohibited under article 311 TFEU;
Amendment 172 #
2021/2061(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Highlights that according to the Commission´s state aid scoreboard 2020, the Member States with the highest need for investment and the lowest state aid expenditure as percentage of GDP, are the Member States with the least fiscal space to invest, making these Member States heavily dependent on the EU debt- financed Next Generation EU Programme; stresses that this creates an enormous moral hazard; recalls that programmes like SURE and the Next Generation EU are one-offs;
Amendment 202 #
2021/2061(INI)
Motion for a resolution
Paragraph 13 a (new)
Paragraph 13 a (new)
13a. Stresses that the lack of investment is not only a question of liquidity, but also of investors´ trust in institutions, including central banks and monetary policy; believes that the very accommodative interest policies, although they might provide favorable lending conditions to banks, discourage investments by keeping yields low, and encourages people to flee in non- productive fixed assets and financial instruments, which only benefit the very wealthy;
Amendment 218 #
2021/2061(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Highlights that youth unemployment in the EU averages 17.2 %, up to 30 % in Greece, over 34 % in Italy and 38.2 % in Spain; calls on the Commission to prioritize a holistic plan to tackle youth unemployment, including through measures to foster labour mobility within the EU for young EU citizens; calls on the Commission to put a moratorium on immigration from lower and unskilled non-EU nationals until at least EU average youth unemployment drops below 5 %;
Amendment 3 #
2021/2002(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
— having regard to the study by the United Nations Office on Drugs and Crime entitled "Illicit Trafficking in Firearms, Their Parts and Components and Ammunition to, from and across the European Union",
Amendment 7 #
2021/2002(INI)
Motion for a resolution
Recital B
Recital B
B. whereas rampant corruption and organised crime remain a serious concern across the Western Balkan region and pose a serious threat also to the Member States of the EU;
Amendment 11 #
2021/2002(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas, according to the report of the United Nations Office on Drugs and Crime and several Europol reports, the Western Balkans remain one of the most important supply regions for illicit arms trafficking into the EU; whereas the number of unreported cases of illicit firearms in the Western Balkans is enormous, which means that the threat of Islamist attacks, such as those in Paris in 2015, is still present; whereas the illicit arms trade poses a serious threat to the security of the Member States of the EU;
Amendment 21 #
2021/2002(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the threat posed by criminals originating from the Western Balkans has been used as an argument against EU accession in some countriesconstitutes a serious obstacle to their EU accession;
Amendment 30 #
2021/2002(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Stresses that organised crime and corruption first and foremost hurt the citizens of the Western Balkan countries, as they undermine their right to safety and social cohesion as well as their trust but also the populations of the current Member States, not least because the rationale behind the democratic system, create obstacles to democratic reforms and hamper the accession procesSchengen system is effectively facilitating the spread of mafia activity from the Western Balkan countries to all EU Member States;
Amendment 33 #
2021/2002(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Underlines that deprivingencouraging EU accession for countries of the Western Balkans of a European perspective is worsening rather than improving the situation as regards organised crime, and underlines that only by fostering the EU integration process can it be improvedwould have serious implications in terms of mafia activity throughout the Union;
Amendment 50 #
2021/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the lack of employment opportunities, corruption, elements of state capture, and inequality and the slow process of EU accession are among the factors that make Western Balkans societies vulnerable to organised crime, and urges both the authorities of the Western Balkan countries and their international partners, including the EU, to intensify their efforts in addressing these challenges;
Amendment 51 #
2021/2002(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes that the lack of employment opportunities, corruption, elements of state capture, inequality and the slow process of EU accession are among the factors that make Western Balkans societies vulnerable to organised crime, and urges both the authorities of the Western Balkan countries and their international partners, including the EU, to intensify their efforts in addressing these challenges; condemns the actions of so-called humanitarian organisations, such as those funded by George Soros, which are actually complicit in criminal trafficking;
Amendment 88 #
2021/2002(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Notes that the Western Balkan countries serve as a transit corridor for migrants and refugeeillegal migrants and that the large population movements in recent years have posed an enormous challenge to the region in fighting the smuggling of illegal migrants; calls for greater exchange of information and enhanced coordination between countries of the Western Balkans, and encourages the EU and its Member States to provide more assistance in addressing these issues through, inter alia, the Joint Operational Office and the Operational Platform – Eastern Mediterranean Route; calls, in the light of a new migration wave from Afghanistan to Europe, for efficient EU external border protection, especially at the borders with the Western Balkan states, and for the right of the Member States to secure their own borders;
Amendment 103 #
2021/2002(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Welcomes the Western Balkan countries’ commitment to combating illicit firearms trafficking, in particular the adoption of a regional roadmap at the EU- Western Balkans Summit in London, which aims to tackle the illicit possession, use, manufacturing and trafficking of firearms; notes, however, that according to the latest report of the United Nations Office on Drugs and Crime, as well as in several Europol reports, the Western Balkans remain one of the main supply regions for illicit arms trafficking to the EU; stresses that this continuing threat endangers the security of EU Member States and further exposes them to a terrorist threat, in particular from Islamists;
Amendment 82 #
2021/0375(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 89 #
2021/0375(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The Authority should regularly verify that the conditions and requirements relating to the registration of European political parties and European political foundations continue to be met. Decisions relating to the respect for the values on which the Union is founded, as expressed in Article 2 TEU, should only be taken in accordance with a procedure specifically designed to that effect, following consultation of the committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 and of the competent national authorities.
Amendment 91 #
2021/0375(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) Where the Authority imposes a sanction on a European political party or foundation [in accordance with the verification procedure], it should take due account of the ne bis in idem principle, whereby sanctions cannot be imposed twice for the same offence. The Authority should also ensure that the principle of legal certainty is respected and that the European political party or European political foundation concerned has been given the opportunity to be heard. An internal appeals system should also be put in place to give the European political party or European political foundation concerned the opportunity to request a review of the decision imposing the sanction and to submit any additional documents.
Amendment 94 #
2021/0375(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) The activities of European political parties and European political foundations should be governed by this Regulation, and, for matters not governed by this Regulation, by the relevant provisions of national law in the Member States. The legal status of a European political party or of a European political foundation should be governed by this Regulation and by the applicable provisions of national law in the Member State where it has its seat ('Member State of the seat'). The Member State of the seat should be able to define ex ante the applicable law or to leave optionality for European political parties and European political foundations. The Member State of the seat should also be able to impose requirements other than, or additional to, those laid down in this Regulation, including provisions on the registration and integration of European political parties and foundations as such into national administrative and control systems and on their organisation and statutes, including on liability, provided that such provisions are not inconsistent with this Regulation.
Amendment 96 #
2021/0375(COD)
Proposal for a regulation
Recital 28
Recital 28
(28) Eligibility for funding from the general budget of the European Union should be limited to European political parties and their affiliated European political foundations that have been recognised as such and have obtained European legal status. While it is crucial to ensure that the conditions applicable to becoming a European political party are not excessive but can readily be met by organised and serious transnational alliances of political parties or natural persons or both, it is also necessary to lay down proportionate criteria in order to allocate limited resources from the general budget of the European Union which criteria objectively reflect the European ambition and genuine electoral support of a European political party. Such criteria are best based on the outcome of elections to the European Parliament, in which the European political parties or their members are required to participate under this Regulation, providing a precise indication of the electoral recognition of a European political party. These should reflect the European Parliament's role of directly representing the Union's citizens, assigned to it by Article 10(2) TEU, as well as the objective for European political parties to participate fully in the democratic life of the Union and to become actors in Europe's representative democracy, in order effectively to express the views, opinions and political will of the citizens of the Union. Eligibility for funding from the general budget of the European Union should therefore be limited to European political parties which are represented in the European Parliament by at least one of their members and to European political foundations which apply through a European political party that is represented in the European Parliament by at least one of its members.
Amendment 99 #
2021/0375(COD)
Proposal for a regulation
Recital 30
Recital 30
(30) European political parties and their member parties should lead by example in closing the gender gap in the political domain. If they wish to benefit from EU funding, European political parties should have internal rules promoting gender balance and they should be transparent about the gender balance of their member parties. European political parties should provide evidence on their internal policy onencourage gender balance and on their member parties’ gender representation as regards candidates to and Member of the European Parliament. The European political parties are also encouraged to provide information in relation to their member parties’ on inclusiveness and representation of minorities.
Amendment 115 #
2021/0375(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 166 #
2021/0375(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point j
Article 4 – paragraph 1 – point j
(j) its internal rules regarding gender balanceequal opportunities for men and women.
Amendment 180 #
2021/0375(COD)
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) documents proving that the applicant satisfies the conditions laid down in Article 3, including a standard formal declaration in the form set out in Annex I;
Amendment 182 #
2021/0375(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. TheA standard formal declaration referred to in Article 9(2), point (a), shall be considered sufficient for the Authority to ascertain that the applicant complies with the conditions specified in Article 3(1), points (d) and (e), or Article 3(2), points (c) and (d), whichever is applicable.
Amendment 184 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. If the Authority finds that any of the conditions for registration or governance provisions referred to in paragraph 1, with the exception ofor the conditions in Article 3(1), point (d), and Article 3(2), point (c), are no longer complied with, it shall notify the European political party or foundation concerned.
Amendment 186 #
2021/0375(COD)
3. 1. The European Parliament, acting on its own initiative orcompetent national authorities or the European Parliament, following a reasoned request from a group of citizens, submitted in accordance with the relevant provisions of its Rules of Procedure, or the Council or the Commission may lodge with the Authority a request for verification of compliance by a specific European political party or European political foundation with the conditions laid down in Article 3(1), point (d), and Article 3(2), point (c) and with the applicable national law. In such cases, and in the cases referred to in Article 19(3), point (a), the Authority shall ask the committee of independent eminent persons referred to in Article 14 for an opinion on the subject. TOnce the parties concerned have been allowed to exercise their right to be heard, the committee shall give its opinion within two months.
Amendment 188 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 4
Article 11 – paragraph 3 – subparagraph 4
A decision of the Authority to de-register on grounds of established non-compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), may only be adopted in the event of manifest and serious breach of those conditions. It shall be subject to the procedure set out in paragraph 4.
Amendment 190 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 4 – introductory part
Article 11 – paragraph 4 – introductory part
4. A decision of the Authority to de- register a European political party or foundation on the ground of a manifest and seriousn established breach as regards compliance with the conditions set out in Article 3(1), point (d), or Article 3(2), point (c), shall be communicated to the European Parliament and the Council. The decision shall enter into force only if no objection is expressed by the European Parliament and the Council within a period of three months of the communication of the decision to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Authority that they will not object. The European Parliament shall adopt a procedure to enable minority groups to exercise their right to raise objections, adapting their internal rules as necessary. In the event of an objection by the European Parliament and by the Council, the European political party or foundation shall remain registered.
Amendment 192 #
2021/0375(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 3
Article 11 – paragraph 4 – subparagraph 3
The European Parliament and the Council shall adopt a position in accordance with their respective decision-making rules established in conformity with the Treaties, without prejudice to the above-mentioned right that must be guaranteed for minority groups. Any objection shall be duly reasoned and shall be made public.
Amendment 198 #
2021/0375(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. The committee of independent eminent persons established by Regulation (EU, Euratom) No 1141/2014 shall consist of six members, with the European Parliament, the Council and the Commission each appointing two members. The members of the committee shall be selected on the basis of their personal and professional qualities. They shall neither be members or former members of the European Parliament, the Council or the Commission, nor hold any electoral mandate, be officials or other servants of the European Union, be members of associations or organisations with political ties, or be current or former employees of a European political party or a European political foundation.
Amendment 200 #
2021/0375(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. For matters not regulated by this Regulation or by the applicable provisions pursuant to paragraph 2 or, where matters are only partly regulated by them, for those aspects which are not covered by them, European political parties and European political foundations shall be governed by the provisions of their respective statutes that comply with the constitutional principles of the Member State where they have their seat.
Amendment 206 #
2021/0375(COD)
Proposal for a regulation
Article 19 – paragraph 3 – point b
Article 19 – paragraph 3 – point b
(b) for any other matter, and when the reasoned request of the Member State concerned confirms that all national remedies have been exhausted, decide to remove the European political party or European political foundation concerned from the Register.
Amendment 218 #
2021/0375(COD)
Proposal for a regulation
Article 21 – paragraph 4
Article 21 – paragraph 4
4. A European political party shall include in its application evidence demonstrating its compliance with Article 4(1), point (j), and that its member parties have continuously published on their websites, during 12 months preceding the moment at which the application is made, information on the gender representation among the candidates at the last elections to the European Parliament and on the evolution ofrends in gender representation among their Members of the European Parliament.
Amendment 230 #
2021/0375(COD)
Proposal for a regulation
Article 23 – paragraph 5 – introductory part
Article 23 – paragraph 5 – introductory part
5. For all donations the value of which exceeds EUR 3 01 500, European political parties and European political foundations shall request donors to provide the necessary information for their proper identification. European political parties and European political foundations shall transmit the information received to the Authority upon its request.
Amendment 266 #
2021/0375(COD)
Proposal for a regulation
Article 30 – paragraph 2 – point a – point ix
Article 30 – paragraph 2 – point a – point ix
Amendment 268 #
2021/0375(COD)
Proposal for a regulation
Article 30 – paragraph 3 a (new)
Article 30 – paragraph 3 a (new)
3a. The sanctioned parties shall in all cases have the right to be heard and to access an internal appeals system. The Authority shall ensure that the parties concerned are given the opportunity to be heard and to request a review of its decision, where appropriate receiving from them new documents and exculpatory evidence not previously submitted due to excusable error or for reasons not attributable to them.
Amendment 269 #
2021/0375(COD)
Proposal for a regulation
Article 30 – paragraph 6
Article 30 – paragraph 6
6. The sanctions laid down in this Regulation shall be subject to a limitation period of tenfive years from the date of commission of the infringement concerned or, in the case of continuing or repeated infringements, from the date on which those infringements ceased.
Amendment 289 #
2021/0375(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 24 #
2021/0227(BUD)
Draft opinion
Paragraph 5
Paragraph 5
5. Welcomes strongerNotes conditionality related to democracy, human rights and rule of law under the modernised IPA III; calls on dedicated budget lines fhowever regrets that this instrument is still used to support Turkey under IPA III, which should support Turkish civil society, a country that does not respect several of the basic principles of freedom and democracy and that has increased its aggressive behaviour, not only in the Mediterranean area, becoming a real threat for many EU Member States;
Amendment 65 #
2020/2256(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that the borderless nature of cyber space and the substantial number of cyber-attacks make them a threat requiring intensified EU-NATO cooperation between the Member States and a coordinated Union- level response, including common Member State support capabilities; stresses that individual States, frequently being subject to threats specifically directed at them, are each free to pursue an independent cyber defence strategy, while at the same time envisaging partnerships tailored to their particular concerns;
Amendment 84 #
2020/2256(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Notes the 2018 CDPF’s objective to set up an EU Military CERT-Network; calls on Member States to significantly increase classified information sharing, to develop a European rapid and secure network to counter cyber-attacks; stresses that each country has the right to protect its information for imperative reasons of national security;
Amendment 115 #
2020/2256(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Welcomes the Council’s June 2019 framework, which allows targeted restrictive measures to deter and respond to cyber-attacks that constitute a threat to the EU or its Member States, including cyber- attacks against third countries or international organisations; welcomes the imposition of such restrictive measures in July 2020 and October 2020 as a credible step in strengthening the EU’s cyber diplomacy toolbox; notes that digital freedom of expression must be an absolute imperative and be factored into cyber security initiatives accordingly;
Amendment 129 #
2020/2256(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Notes that the Strategic Compass will enhance and guide the implementation of the EU’s level of ambiPoints out that, with regard to cyber defence and defence in general, national in security and defterests must take precedence, and translate that ambition into capability needs, including in cyber defence, thereby increasing the ability of the EU andhat notions of European sovereignty extending into this domain must in no way induce a Member States to prevent, discourage, deter, respond to and recover from malicaccept provisiouns cyber activities by strengthening its posture, situational awareness, tools, procedures and partnershipsontrary to its fundamental interests regarding defence and national security;
Amendment 136 #
2020/2256(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Insists that the Strategic Compass should deepen the strategic culture in the cyber domain and remove any duplication of capabilities and mandates; stresses that it is essential to overcome, when it comes digital technology and cyber security in particular, each State has the right to possess its own language and codes, which the cEurrent fragmentation and complexity of the overall cyber architecture within the EUopean Union institutions cannot under any circumstances oblige them to disclose;
Amendment 182 #
2020/2256(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Welcomes the Commission’s Action Plan On Synergies between civil, defence and space industries, and recalls the close interdependence of these three sectors in cyber defence; notes that, differently from other military domains, cyber space is mainly owned by commercial entities based mostly outside the EU, which leads to industrial and technological dependencies on third parties; strongly believes that the EU needs to increase its technological sovereignty and innovation, investing in the use of new technologies in security and defence such as artificial intelligence (AI) and quantum computing; affirms that data protection is a legal must, particularly when it comes to defending not only the vital interests of the State but also individual freedom and security;
Amendment 15 #
2020/2202(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Recalls that the Withdrawal Agreement allowed for the orderly withdrawal of the UK from the EU, avoiding a ‘cliff edge’; was a compromise solution between a full EU membership and a clean break from the EU system; reminds that in the latter case trade between the EU and the UK would still have been governed by the WTO's rule-based trading regime, which is the foundation of the international trading system, and which is comprehensive, tried, tested, and respected by the world's trading nations;
Amendment 17 #
2020/2202(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
Amendment 23 #
2020/2202(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 27 #
2020/2202(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that compliance with treaties constitutes a fundamental principle of international law and that a trusting relationship between the EU and the UK depends ; reminds, however, that according to a general principle of internation all parties respecting their legally binding commitment law, states can terminate or modify a treaty due to changed circumstances;
Amendment 30 #
2020/2202(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Regrets that the EU has failed to learn from its mistakes, which led to the Brexit, and to reform itself to a community of free cooperation between independent and sovereign nation states, and, consequently, risks being fallen apart;
Amendment 2 #
2020/2149(DEC)
Draft opinion
Paragraph 1
Paragraph 1
1. NoStates growing instability and the rise of unprecedented challenges in the international environment, which increased demands on the Union to act as a global player; highlights the European External Action Service’s (EEAS) central role in conducting the external policy of the Union; notes that the EEAS’s enhanced role has not been underpinned by a corresponding staff increase; calthat national diplomatic services and embassies are the legitimate representatives of the Member States in connection with fair and balanced international relations; emphasises that it is not the job of the EEAS to take their place; calls therefore for a significant reduction in EEAS appropriations and staff; calls als o for sufficient human resources to be made available in order not to put at risk the Union’s effectiveness on the international scenethe EEAS to end its recruitment and calls on Member States and their diplomatic services to react accordingly;
Amendment 9 #
2020/2149(DEC)
Draft opinion
Paragraph 3
Paragraph 3
3. Stresses the importance of continuing to improve the rationalisation and modernisation of the financial and administrative management; welcomestakes note of the ongoing discussions on the EEAS budget simplifications and calls on modernising and simplifying the EEAS administration, also through full implementation of the “Innovative 2019” project;
Amendment 12 #
2020/2149(DEC)
Draft opinion
Paragraph 4
Paragraph 4
4. Stresses the need to fight foreign propaganda and to expose disinformation and malicious foreign influence;Underlines the fact that the supposed fight against foreign disinformation is in fact simply further underlminesing the importance of the EEAS Strategic Communication Task Force and calls for the broadening of its mandate, including in relation to state sponsored disinformation originating in China, and providing it with further necessary financial and human resourcesright to information; is concerned at EEAS initiatives in this area, which seek to restrict freedom of information, in particular in the digital field;
Amendment 1 #
2020/2136(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
A a. whereas Article 50 guarantees the right of every Member State to withdraw from the European Union in accordance with its national constitutional requirements; whereas this right should be respected and Member States should be able to invoke this right without fear of retaliation or hostile behaviour on the part of the European Union or the other Member States;
Amendment 2 #
2020/2136(INI)
Motion for a resolution
Citation 3 a (new)
Citation 3 a (new)
— Having regard to the Vienna Convention on the Law of Treaties (VCLT);
Amendment 6 #
2020/2136(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Recalls that, as per Article 50(2) TEU, withdrawal agreements are to take account of the framework for the withdrawing state’s future relationship with the Union; emphasises that the withdrawal agreement should be negotiated in good faith by both the EU and the withdrawing Member State; emphasises that the EU should not seek to punish the withdrawing State when negotiating the withdrawal agreement;
Amendment 10 #
2020/2136(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Recalls that the framework for the future relationship between the EU and the UK was laid down in the Political Declaration accompanying the Withdrawal Agreement, whichUnderstands why the UK did not wish to includes clear provisions established by both parties on cooperatregarding cooperation with the Union in the areas of foreign policy, security and defence;
Amendment 11 #
2020/2136(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 18 #
2020/2136(INI)
Motion for a resolution
Recital C
Recital C
C. whereas Article 50 of the TEU is silent on several aspects of the procedure that arose dura Member State should be considered a third country as soon as it notifies the EU about its decision to withdraw from the Union, meaning that the withdrawal of the UK from the Unionprocedure should follow the respective rules of the Vienna Convention on the Law of Treaties;
Amendment 20 #
2020/2136(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. BelievNotes that for the framework on the future relationship between a withdrawing Member State and the Union to inform the withdrawal agreement, its nature must in futurethere are numerous variables that could affect the position of the parties in the time that lapses between the drafting of the withdrawal agreement and that of the framework on the future relationship, which is why the withdrawal agreement cannot be unequivocal, irrevocable and binding on the negotiations on the future relationship upon the entry into force of the relevant withdrawal agreement.
Amendment 24 #
2020/2136(INI)
Draft opinion
Paragraph 4 b (new)
Paragraph 4 b (new)
4 b. Regrets that the Commission has initiated infringement proceedings against the UK, a sovereign non-Member State, for an alleged breach of the Northern Ireland Protocol.
Amendment 26 #
2020/2136(INI)
Draft opinion
Paragraph 4 a (new)
Paragraph 4 a (new)
4 a. Believes that after a Member State has withdrawn from the European Union, its own judicial system should reign supreme, in accordance with the principle of sovereignty;
Amendment 36 #
2020/2136(INI)
Motion for a resolution
Recital G
Recital G
G. whereas under the TEU,Article 10.2 TEU states that citizens are directly represented at Union level in the European Parliament;
Amendment 41 #
2020/2136(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the withdrawal process has led to unpredictability and has constituted a challenge not only forof the United Kingdom was unprecedented and presented procedural challenges for both the EU and, the withdrawing Member State, but also and even more so for the citizens and entities most directly affected;
Amendment 53 #
2020/2136(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises but nevertheless considers regrettable the withdrawal of the UK from the European Union;
Amendment 54 #
2020/2136(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recognises but nevertheless considers regrettable the withdrawal of the UK from the European Union;
Amendment 59 #
2020/2136(INI)
Motion for a resolution
Paragraph 2 a (new)
Paragraph 2 a (new)
2a. Recalls that according to the Vienna Convention on the Law of Treaties, which is also binding on the EU, every state has the inalienable right to withdraw immediately from any contract and under certain conditions;
Amendment 69 #
2020/2136(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Considers that the aims of Article 50 of the TEU and the withdrawal negotiations with the UK of ensuring disentanglement from the Union, providing legal stability and minimising disruption, and providing a clear vision of the future for citizens and legal entities, by ensuring an orderly withdrawal, while protecting the integrity and interests of the European Union, its citizens and its Member States, were generally achieved thanks to the skilful negotiation of both the EU and UK negotiation teams;
Amendment 85 #
2020/2136(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
Amendment 90 #
2020/2136(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 91 #
2020/2136(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Considers, in this regard, that the political and economic consequences of the decision to leave the Union are significant; believes that these were not genuinely and fully assessed by the UK prior to its decision to withdraw, resulting in a lack of preparation fordifficult precisely to estimate at the time of the decision to withdraw; believes that this uncertainty warrants ample leniency in the procedure;.
Amendment 100 #
2020/2136(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that although the withdrawal is not conditional upon an agreement between the withdrawing Member State and the Union, the process of the withdrawal of the UK shows the importance of concluding an agreement on the withdrawal arrangements; considers that the EU institutions did their utmost and accomplished their obligation to ensure the conclusion of an agreement; commends the efforts m' unreasonable demands, especially with regards to the role of the Court of Justice of the EU, almost leade to avoid a no- deal scenario;
Amendment 107 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – introductory part
Paragraph 11 – introductory part
11. Considers that Article 50 of the TEU strikes a balance between ensuring a withdrawal process and safeguarding the flexibility necessary for adaptation to the specific circumstances; believes, however, that, in the framework of a future reform of the Treaty, the opportunity of that the Vienna Convention on the Law of Treaties comprises the necessary rules to remedying some of the loopholchallenges identified in Article 50 of the TEU could be assessed, with particular regard to the following:the exercise of Article 50 of the EU;
Amendment 111 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 1
Paragraph 11 – indent 1
Amendment 119 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 2
Paragraph 11 – indent 2
Amendment 122 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 3
Paragraph 11 – indent 3
Amendment 128 #
2020/2136(INI)
Motion for a resolution
Paragraph 11 – indent 4
Paragraph 11 – indent 4
Amendment 137 #
2020/2136(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Believes, furthermore, that the withdrawal provisions of the Treatycedures should, as much as possible, ensure legal certainty for the EU citizens affected by the withdrawal, setting out minimum standards for the protection of their rights;
Amendment 141 #
2020/2136(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. BelieveConsiders that the EU institutions and the Member States have collectively been responsive and have followed a coherent and unified approach, providing for a timely, clear and well-structured definition of the aspects of the withdrawal process, including those which are not explicitly specified in Article 50 of the TEU, in particular the objectives and general principles ofble for acting in bad faith in the withdrawal process by not allowing negotiations about the future relationship to take place before the negotifications, the EU’s competences for issues related to the withdrawal, the sequencing of negotiations, the scope of the Withdrawal Agreement, the transitional arrangements, and the framework of the future relationship of Article 50; is therefore of the view that in potential future withdrawal cases the EU should abandon its policy of no negotiation before notification of Article 50 in order to emphasise bona fide and to demonstrate that the EU is a voluntary union of independent and sovereign nation states;
Amendment 157 #
2020/2136(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Reiterates that, until a withdrawal agreementBelieves that a Member State should be considered a third country from the date of entersry into force of the withdrawal agreement or, failing that, the two- year period mentioned in Article 50(3) of the TEU has elapsed, the withdrawing State remains a Member State, and enjoys all the rights and is under all the obligations deriving from the Treaties without exception, includings after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend theis perinciple of sincere cooperation laid down in Aod, in accordance with article 450 (3) of the TEU, as well as the obligation to hold elections to the European ParliamentTEU;
Amendment 167 #
2020/2136(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Considers, in this context, that the role of the Parliament is essential in safeguarding the parliamentary and democratic dimension of a procedure with such aof major constitutional and institutional impact on the Union; considers that its role must be enhanced in any future Treaty reform, in all aspects of the process from the negotiations to the implementation of a withdrawal agreement, including for major decisions such as extensions in accordance with Article 50(3) of the TEU;
Amendment 186 #
2020/2136(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reiterates its call for an in-depth reflection on the withdrawal of the UK from the European Union, and on its impact on the future of the EU; believes that such a reflection should ensure an open and broadened dialogue on the reforms that the Union needs in order to reinforce democracy and the capacity to deliver on citizens needs and expectations; believes that a smaller Union, with less, but more committed Member States, might be better suited in the future;
Amendment 189 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and role of the Union and itsto repatriate powers to Member States to prev, and to loosent the repetition of a withdrawal from the EU; calls on Member States to consistently provide wide- reaching information to EU citizens on the functioningcurrently prevalent character of the EU as a centrally led political union ofn the European Union, its areas of action and its decision-making processes; considers that for this purpose the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolvepath to become a superstate, in order to prevent the repetition of withdrawals from the EU;
Amendment 190 #
2020/2136(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Believes that it is the responsibility and roleConsiders that the Conference on the Future of Europe offers an opportunity for enhanced dialogue with citizens and civil society ofn the European Union and its Member States to prevent the repetition of a withdrawal from the EU; calls on Member States to consistently provide wide-reaching information to EU citizens on the functioning of the European Union, its areas of action and its decision- making processes; considers that for this purpose the Conferenchow it should evolve; regrets that of the 27 citizens´ representatives who took the floor at the Inaugural Plenary of the Conference on the Future of Europe, 15 (55.6%) were representing non-profit organisations or organisations close to government, such as pro-integrationist think tanks, national or international youth organisations, youth parliaments or similar organisations, including 2 Jean Monnet Chairs, a CEO of a government agency, a former MEP who was shortlisted in 2011 for the prize onf the Future of Europe offersbest Member of the European Parliament, and opportunity for enhanced dialogue with citizens and civil society on the European Union and how it should evolvenly 4 citizens employed in the private sector; also regrets that 4 out of 6 representatives from civil society organisations were affiliated to the same organisation, the very pro-integrationist European Movement International; fears that this undermines the credibility of the Conference to establish a real dialogue, and risks to degrade the Conference to an echo-chamber of integrationist ideas;
Amendment 198 #
2020/2136(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Calls for the introduction of an Article 50 (a) TEU, which would make it possible for Member States to leave the euro area without leaving the EU as a whole;
Amendment 199 #
2020/2136(INI)
Motion for a resolution
Paragraph 20 b (new)
Paragraph 20 b (new)
20b. Calls for the introduction of an Article 50 (b) TEU, which would enable the Council to exclude a Member State of the Union from the euro area, be it for non-compliance with fiscal budgetary rules, or for non-compliance with the EU's conception of the rule of law;
Amendment 21 #
2020/2132(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
Amendment 26 #
2020/2132(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Recalls that in past 20 years, Parliament has consistently made use of such rights; regretstakes note, however, that these special legislative procedures have too seldom been successfully concluded due to the lack of agreement of the Commission and the Council7 ; _________________ 7 Study entitled ‘The European Parliament’s right of initiative’, pp 34-35 (PE 655.134 – ISBN 978-92-846-6738-3).
Amendment 28 #
2020/2132(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 33 #
2020/2132(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 35 #
2020/2132(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 37 #
2020/2132(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 41 #
2020/2132(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 46 #
2020/2132(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Notes with concern the lack of transparency in the use of the indirect right of initiative of the Council laid down in Article 241 of the TFEU; calls onEncourages the Council to publish, in a user-friendly manner, all requests made on thise legal basis of Article 241 of the TFEU;
Amendment 62 #
2020/2132(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17 a. Stresses however the need for an increased level of scrutiny by the Parliament over the activity of the Commission and the importance of a better level of transparency in the decision-making process prior to the presentation of legislative initiatives, in the light of the substantial relationship of trust that must bind the Commission and the Parliament, as the sole body directly elected by the Citizens;
Amendment 64 #
2020/2132(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Strongly believes that whenif the Treaties are next revised, a proposal to grant Parliament, as the only directly elected EU institution, should be granted the right to initiate legislation should be in any event preceded by a popular referendum in all Member States;
Amendment 70 #
2020/2132(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Is deeply convincedObserves that a general and direct right of initiative wof the Parliament could further strengthen the democratic legitimacy of the Union and empower Union citizens; believes that it would reflect the evolution over time of the competences of the Union and its institutions, and is of the opinion that Parliament, as the only directly elected EU institution, should be granted the right to propose legislation, as national parliaments may, when the Treaties are next revised, as the only directly elected EU institution;
Amendment 76 #
2020/2132(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Reiterates the special and reinforced constitutional dignity of the issues that are currently subject to the initiative of Parliament and considers that such an exclusive right shConsiders that the exclusive rights of initiative of Parliament such as those that already exist, could be extended to issues where democratic legitimacy is especially relevant;
Amendment 82 #
2020/2132(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Notes that Parliament’s current rights of initiative encompass different special legislative procedures; considers that the Treaties barely regulate such procedures and calls for a new interinstitutional agreement between the three institutions devoted exclusively to this matter, with full respect for its special constitutional dignity;
Amendment 90 #
2020/2132(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Considers that the recognition of a direct right of initiative of Parliament would not exclude the possibility of the Commission retaining a concurrent right or keeping a monopolyright of initiative in certain areas, such as the budget; could also envisage that in exceptionalcertain areas, the Council would also have a monopoly of initiative;
Amendment 8 #
2020/2122(INI)
Motion for a resolution
Citation 43 a (new)
Citation 43 a (new)
— having regard to the answer by Commissioner Johansson to parliamentary question E-003462/2020,
Amendment 9 #
2020/2122(INI)
Motion for a resolution
Citation 43 b (new)
Citation 43 b (new)
— having regard to Article 140(1) of the Treaty on the Functioning of the European Union,
Amendment 10 #
2020/2122(INI)
Motion for a resolution
Citation 43 c (new)
Citation 43 c (new)
— having regard to the ECB´s Targeted Review of Internal Models, published April 2021,
Amendment 11 #
2020/2122(INI)
Motion for a resolution
Citation 43 d (new)
Citation 43 d (new)
— having regard to the answer of Commission Vice-President Dombrovskis to written question E-003152/2019,
Amendment 13 #
2020/2122(INI)
Motion for a resolution
Recital A
Recital A
A. whereas overall, the banking sector has responded to the COVID-19 pandemic with resilience, mostly founded on the regulatory reforms enacted since the global financial crisis and further supported by extraordinary public poliincreased capital requirements, indicating that equity and solvency arelief measures and capital conservation practices key to tackle financial and economic shocks instead of ever- increasing debt financing;
Amendment 47 #
2020/2122(INI)
Motion for a resolution
Recital D
Recital D
D. whereas climate change, environmental degradation, increased red tape in the context of climate reporting for financial institutions, which could be referred to as "green tape", and the transition to a low-carbon economy bring new risks to banks’ balance sheets;
Amendment 50 #
2020/2122(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
D a. Expresses deep concern about the findings of the ECB´s Targeted Review of Internal Models, published in April 2021, which shows that the biggest euro area banks have repeatedly been too optimistic in their risk-modelling, confirming longstanding suspicions among regulators and analysts that larger banks have often artificially inflated the strength of their balance sheets by underestimating the riskiness of their assets, giving them a short-term advantage over more cautious competitors; is alarmed that the Review resulted in more than 5.800 deficiencies and 253 supervisory corrections of internal models by the ECB, which pushed up the banks’ risk-weighted assets by € 275 billion, a 12 per cent increase in the models examined, which reduced their average common equity tier one ratios by 0.71 percentage points;
Amendment 52 #
2020/2122(INI)
Motion for a resolution
Recital E
Recital E
E. whereas consumer protection varies across the Banking Union; Article 169 of the TFEU states that EU measures shall not prevent any Member State from maintaining or introducing more stringent consumer protection measures provided that they are compatible with the Treaties; in this way EU law provides a common basic level of protection to all consumers residing in the EU; recalls that there is no consistent and uniform definition of consumer protection in EU law, which justifies divergences amongst the Member States;
Amendment 57 #
2020/2122(INI)
Motion for a resolution
Recital F
Recital F
F. whereas prudential and anti-money laundering supervision is necessary; there are still important loopholes in the EU AML framework, such as the explicit exemption of the non- profit sector from anti-money laundering reporting requirements, even though certain NGOs and other non-financial entities (NFEs) operate with larger amounts of money than numerous European banks;
Amendment 65 #
2020/2122(INI)
Motion for a resolution
Recital G
Recital G
G. whereas the withdrawal of the UK from the EU has resulted in the relocation of certain banking services to the EU;
Amendment 75 #
2020/2122(INI)
Motion for a resolution
Recital J
Recital J
J. whereas depositors across the Banking Union should enjoy the sameare exposed to varying levels of credit, market and operational risk, which justifies varying levels of protection;
Amendment 81 #
2020/2122(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. WelcomeRegrets the entry of Bulgaria and Croatia into the Banking Union; especially in the light of both countries' sharp drop in the Corruption Perception Index 2020, where Bulgaria now takes last place, and increasing worries about corruption in Croatia, such as the contested government order forcing banks to retroactively convert loans from Swiss francs to euros and pay out over € 1.1 billion in reimbursement to customers it had lent money to, as well as ongoing corruption charges against the HDZ party (EPP), the Agrokor scandal involving finance minister Maric, or the Sanader case; calls on the EU not to expand the euro area with such corrupt regimes;
Amendment 85 #
2020/2122(INI)
Motion for a resolution
Paragraph 1 a (new)
Paragraph 1 a (new)
1 a. Recalls that the Commission assessed in the 2020 Country Specific Recommendations for Croatia that despite several Action Plans, issues of corruption and conflicts of interest remain widespread in Croatia, and that further efforts to strengthen the prevention and sanction of corruption are needed to ensure the transparent and efficient use of public funds; recalls that Article 140(1) TFEU requires the Commission and European Central Bank’s convergence reports to take account of "other factors" relevant to economic integration and convergence, such as corruption; recalls that the Commission criticized Bulgaria in its 2020 Rule of Law report for its disregard for the rule of law and the independence of the judiciary; concludes that Bulgaria and Croatia are not ready for accession to the Banking Union;
Amendment 87 #
2020/2122(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls thatwhereas the Banking Union has delivered the institutional set-up for greater market integration, through the SSM and the SRM, while a European deposit insurance scheme (EDIS) is still lackingwill further disintegrate due to moral hazard and lead to a permanent Transfer Union if mechanisms such as the backstop for the Single Resolution Fund (SRF) and a European Deposit Insurance Scheme (EDIS) are implemented; regrets that insufficient progress in risk reduction in some member states serves as an argument for mutualisation of deposit insurance schemes, creating incentives for some member states not to reduce risk, or even engage in even more excessive risk-taking; points out that the absence of a proper impact assessment of the EDIS proposal is fundamentally at odds with the principles of sound governance;
Amendment 100 #
2020/2122(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Considers that banks’ response to the current crisis demonstrates that the regulatory reforms in the past decade, as well as the institutional set-up, have resulted in better-capitalised and less- leveraged banks, proving that equity and not debt is the solution to solve crises and build up resilience against economic and financial shocks;
Amendment 110 #
2020/2122(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 113 #
2020/2122(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. Underlines the vital contribution to addressing the crisis of public guarantee schemes, moratoria on loan repayments for borrowers in financial difficulty, the central banks’ liquidity programmes and the ECB’s targeted longer-term refinancing operations (TLTRO) and pandemic emergency purchase programme (PEPP)Deplores the ECB's role in massively inflating the money supply and expanding its balance sheet up to over 70% of euro area GDP; recalls that banks in the northern euro area hold a disproportionately high amount of deposits with the ECB, and pay disproportionately high penalty interest to the ECB; by contrast, banks in the southern euro area benefit disproportionally from the negative interest rates on TLTRO loans;
Amendment 121 #
2020/2122(INI)
Motion for a resolution
Paragraph 5 a (new)
Paragraph 5 a (new)
5 a. Deplores that PEPP has had an overwhelming influence on the narrowing of yield spreads and has ensured that southern European government bonds from highly indebted Member States were viewed by investors as less risky5a, which shows that PEPP is disproportionately directed towards highly indebted euro area Member States, and that the ECB is thereby guaranteeing the liquidity of highly indebted euro countries; _________________ 5aLeibniz Centre for European Economic Research, https://www.zew.de/presse/pressearchiv/di e-stabilitaet-der-eurozone-haengt-am- tropf-der-ezb
Amendment 122 #
2020/2122(INI)
Motion for a resolution
Paragraph 5 b (new)
Paragraph 5 b (new)
5 b. Recalls that The Targeted Long- Term Refinancing Operations (TLTROs) further zombify the European economy and deteriorate the real income prospects, especially of young Europeans;
Amendment 123 #
2020/2122(INI)
Motion for a resolution
Paragraph 5 c (new)
Paragraph 5 c (new)
5 c. Calls on the ECB to end its stimulus package immediately, including phasing out TLTRO;
Amendment 127 #
2020/2122(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. NotesExpresses concern about the the ‘quick fix’ to the Capital Requirements Regulation31 extending transitional arrangements in order to support banks’ lending capacity32 ; seriously doubts whether supporting further debt- financing is a sustainable way to recapitalize the European economy and to fostering economic growth; _________________ 31Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1). 32 Regulation (EU) 2020/873 of the European Parliament and of the Council of 24 June 2020 amending Regulations (EU) No 575/2013 and (EU) 2019/876 as regards certain adjustments in response to the COVID-19 pandemic (OJ L 204, 26.6.2020, p. 4).
Amendment 160 #
2020/2122(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Notes the accelerated pace of digitalisation in the banking sector, while pointing to the insufficient level of investment in this arealooks forward to the further development of DORA and its effect on digital operational resilience for the financial sector; calls on the ESAs and ENISA to step up their efforts in monitoring and mitigating the risks concerning third country ICT third- parties, if these third-parties have or are suspected of having ties to foreign governments or foreign militaries;
Amendment 167 #
2020/2122(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. WelcomesExpresses concern about the ECB’s report on the digital euro and the outcome of its public consultation and expects further analysis of the implications for the banking sector, consumer protection and consumer data protection;
Amendment 172 #
2020/2122(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10 a. Recalls that cash is anonymous and it is impossible for banks or central banks to control the direct expenditure of cash holders, which safeguards their privacy; recalls that CBDC is not anonymous, since central banks will be able to trace consumer behaviour and spending patterns of all citizens; recalls that CBDC would give central banks absolute control over the transactions of citizens, meaning that the ECB will have both the power and the technical capacity to control transactions, including disabling certain transactions; expresses deep concern over giving the ECB such far-reaching powers, which are obviously not within its mandate;
Amendment 189 #
2020/2122(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 214 #
2020/2122(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that ensuring proper and timely management of deteriorated exposures will be key to preventing a build-up of non-performing loans (NPLs) in the short term; asks for more efforts to come forward with ambitious solutions to the issue of sovereign exposures and a substantial reductions of the stock of non- performing loans, especially in the lights of the expiring debt-moratoria in the Member States on loans for SMEs that have suffered tremendously under the national and regional lockdown measures;
Amendment 238 #
2020/2122(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes that the expected credit losses, together with the current low interest environment, might further negatively affect the already subdued profitability of banks, as confirmed by the Commission in its answer to written question E- 003152/2019; is deeply concerned about the fact that negative interest rates have costed European banks 8.5 billion euros in 2020; recalls that commercial banks are required to place their excess deposits with the ECB, which pays them at a negative interest rate, currently set at - 0.5%, which means that banks have to pay the central bank for their regulatory deposits; calls on the ECB to normalise its interest rate policy without delay;
Amendment 246 #
2020/2122(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the benefitWarns of banking consolidation inas a supposed solution to addressing the overcapacities and fragmentation of the banking sector; regrets in this respect the calls of Andrea Enria to further latinize the European banking market through consolidation; rejects this pathway to institutionalising the risk of "too big to fail"; proposes rather to break up banks, instead of consolidating them;
Amendment 298 #
2020/2122(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Trusts thatRegrets the introduction of a backstop into the SRF earlier than originally envisaged is positive for the strengthening of the crisis management framework; recalls that the introduction of the backstop was conditional on sufficient risk reduction in the banking sector; highlights that the November 2020 Financial Stability Review clearly indicates increasing credit risk, rising sovereign exposure, elevated negative rating outlooks, the risk of a property market correction, increased risk from a sovereign-corporate-bank nexus, declining bank profitability, lower interest income, rise in banks’ exposure to domestic government debt and an abrupt increase in funding costs from rating downgrades; the report also indicated that lending in 2020 was strongly driven by government loan guarantees;
Amendment 347 #
2020/2122(INI)
Motion for a resolution
Paragraph 35
Paragraph 35
35. Notes the importance of depositors across the Banking Union enjoying the same level of protection of their savings; takes note of the Commission proposal to further strengthen citizens’ confidence in the protection of deposits by introducing an EDISregrets that insufficient progress in risk reduction in some Member States serves as an argument for mutualisation of deposit insurance schemes, creating incentives for some Member States not to reduce risk, or even to engage in even more excessive risk-taking; points out that the absence of a proper impact assessment of the EDIS proposal is fundamentally at odds with principles of sound governance;
Amendment 369 #
2020/2122(INI)
Motion for a resolution
Paragraph 36
Paragraph 36
36. Notes the Commission’s launch of the review of the CMDI framework, including the op; asks for more efforts to come forward with ambitious solutions to the issue of sovereign exposures and a substantial reductions of a hybrid EDISthe stock of non-performing loans;
Amendment 18 #
2020/2116(INI)
Motion for a resolution
Recital A
Recital A
Amendment 124 #
2020/2116(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Highlights the practical human rights implications stemming from the increasing number, and hence the extrajudicial nature, of informal arrangements on return and readmission, which are concluded in the absence of due democratic scrutiny and parliamentary oversight and are not subject to judicial scrutiny; calls on the Commission to prioritise the conclusion of formal readmission agreements, thus ensuring full respect for Article 218(6) TEU, and to ensure that formal EU Readmission Agreements (EURAs) exclude the application of informal agreements; believes that Parliament must assess the legality of informal agreements which include commitments on issues that fall within its competencies, such as readmission, and must be ready to undertake further action if these informal agreements appear to be incompatible with the Treaties;
Amendment 148 #
2020/2116(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 169 #
2020/2116(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16 a. Urges the EU and its Member States to make aid granted to developing countries conditional upon agreements on the effective readmission of illegal migrants present in the EU;
Amendment 186 #
2020/2116(INI)
18. Stresses the importance of alblocatking a substantial share of future EU funding in the field of migration to civil society groups in third countries for providing assistance and for the protection and monitoring of the rights of migrants, and of ensuring that a significant part of EU funding is earmarked for the improvement of human rights, international protection, and the future perspective of refugeefunding to civil society groups that act as an illegal shuttle service to smuggle and traffic illegal migrants;
Amendment 207 #
2020/2116(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
Amendment 215 #
2020/2116(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls for the EU and its Member States to pursue a migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law; calls on the EEAS, the Commission and the Member States to engage with third countries on the rights of migrants as an integral dimension of the EU’s human rights policywishes of the indigenous community of Europe; insists that the human rights and migration nexus be adequately covered within the framework of bilateral EU human rights dialogues with the relevant countries; calls on the EU Delegations in those countries to monitor closely the rights of migrants, particularly in countries of transit; insists on the proactive engagement of the EU in countries where human rights defenders and civil society organisations, including those who are protecting the lives of migrants and asylum seekers who are at risk, are under threat or are being criminalised for their legitimate workdefenders and civil society organisations comply with national and international law and cease activities that create pull factors for illegal migrants to come to the EU;
Amendment 222 #
2020/2116(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Calls for the EU to carry out a global campaign to support universal ratification of the Geneva Convention relating to the Status of Refugees; urges Member States to lead by example by adhering to the UN Convention on the Rights of Migrant Workers, as one of the core UN human rights conventionsMember States to interpret the Geneva Convention as was originally intended;
Amendment 225 #
2020/2116(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Believes that the EU must not take a leading role in supporting policy and normative developments in relation to the rights of migrants in multilateral fora; calls on the Commission and the Member States to provide financial and political support for the relevant international and regional bodies, including NGOs, the International Committee of the Red Cross, the UN High Commissioner for Refugees (UNHCR) and UNRWA, as well the OHCHR and the UN Special Rapporteur on the human rights of migrants;
Amendment 182 #
2020/2114(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Supports the EU’s tireless advocacy for and defence of universal human rights,Reiterates that it its staunch support for the universalisation of international human rights law, its active support to and use of UN human rights fora to address pressing human rights issues, its steadfast support for strengthening accountability and international justice mechanisms and its fight against impunity; supports the VP/HR and the Commission in their quest to ensure thatnot the EU, but the UN that has the mandate to ensure international peace and security, and that it is the UN Human Rrights Council acts more efficiently, addresses all human rights issues and country situations effectively, credibly and without bias and ensures synergies with other multilateral human rights fora; pays tribute to the work of the current UN High Commissioner for Human Rights and nd High Commissioner that are tasked with monitoring the international human rights situation; recalls that sovereign staktes the view that her tenure provides a unique opportunity to engage on effective dialogue and coophave given this mandate to the UN in terms of various internation on how to streamline and reinforce the delivery capacity of the UN human rights system, including through increased public scrutiny of Human Rights Council membership, responsibilities and mandatory pledging events at the UN General Assembly with cal agreements, and emphasises that not a single state outside the EU has given that mandidates to the Human Rights Council, as proposed by the VP/HR and the Commission in their joint communication; welcomes the launch on 12 October 2021 of an annual strategic dialogue with the UN High Commissioner for Human Rights; welcomes the EU’s iniEU; emphasises that Member States should be free to pursue their own national interests in multilatives and activities pertaining to human rights in the UN General Assembly’s Third Committee and the UN Security Council, as well as the cooperation between the EU and the UN on multiple thematic and country-based human rights issueseral fora, and that a common EU line should only be followed where reasonably possible;
Amendment 208 #
2020/2114(INI)
Motion for a resolution
Paragraph 10 a (new)
Paragraph 10 a (new)
10a. Recalls that a common EU foreign and security policy is untenable given the differing national and geopolitical interests, but also because of different historical perspectives and experiences; emphasises that any form of foreign policy decision-making should only be possible where unanimity voting is used in the Council, since a move towards qualified majority voting will erode the sovereignty of Member States;
Amendment 220 #
2020/2114(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
Amendment 72 #
2020/2113(INI)
Motion for a resolution
Recital F a (new)
Recital F a (new)
Fa. whereas Israel is a strategic partner for the EU when it comes both to developing trade cooperation in the area of natural gas imports and to the stepping up of collaboration in connection with the development of artificial intelligence and cybersecurity technologies;
Amendment 73 #
2020/2113(INI)
Motion for a resolution
Recital F b (new)
Recital F b (new)
Fb. whereas the United States, in the context of rising energy resource prices, is strengthening its ties with Saudi Arabia, which also highlights for Europe the importance of building important and constructive partnerships with Saudi Arabia;
Amendment 198 #
2020/2113(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Expresses deep concern about a potential nuclear race in the region and calls on the EU to activate all diplomatic efforts to avoid it; calls on Israel to ratify the Treaty on the Non-Proliferation of Nuclear Weapons;
Amendment 208 #
2020/2113(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. WelcomNotes the negotiations on the Joint Comprehensive Plan of Action as a necessary step towards achieving regional stability; calls on the US and Iran to pursue meaningful negotiations with a view to returning to compliance with the Joint Comprehensive Plan of Actachieving stability and security in the region;
Amendment 250 #
2020/2113(INI)
Motion for a resolution
Paragraph 14 a (new)
Paragraph 14 a (new)
14a. Condemns the attacks in Yemen carried out by the Iran-backed Houthi movement, along with the repeated attempts at cross-border attacks on the territory of Saudi Arabia and surrounding countries, which undermine efforts to end the ongoing war in Yemen;
Amendment 268 #
2020/2113(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. CNotes the progressive improvements shown by some countries in the region on human rights, but calls on the authorities in the region to uphold the ban on torture as enshrined in particular in the UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which most of them have signed and ratified; calls for the abolition of the death penalty throughout the region;
Amendment 1 #
2020/2111(INI)
Motion for a resolution
Citation 2
Citation 2
Amendment 3 #
2020/2111(INI)
Motion for a resolution
Citation 3
Citation 3
Amendment 4 #
2020/2111(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 8 #
2020/2111(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 14 #
2020/2111(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 15 #
2020/2111(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 18 #
2020/2111(INI)
Motion for a resolution
Citation 9
Citation 9
Amendment 49 #
2020/2111(INI)
Motion for a resolution
Recital B
Recital B
B. whereas the EU has a responsibility to act as a global player and adjust its foreign policy in line withEU Member States are contributing supportive assistance to the fight against the COVID-19 crisis, this should not be seen as a global actor's responsibility;
Amendment 59 #
2020/2111(INI)
Motion for a resolution
Recital B a (new)
Recital B a (new)
Ba. whereas the health and economic scale of the COVID-19 crisis is more than just a burden on the Member States, and this has corresponding consequences at social, health and above all economic level;
Amendment 94 #
2020/2111(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. RegretNotes the lack of global leadership anda coordinated international response in the initial phasearly stages of the COVID- 19 crisis, as well as tendencies to opt for isolationist solutions, the withholding of critical information, the rise of authoritarian nationalthe withholding of key information and the lack of response by the EU and its institutions to the crisis; recalls that in the early stages of the COVID 19 crisism, state- sponsored disinformation campaigns and the promotion of false narratives which create distrust and undermine international cooperationthe response and possible solutions were provided solely at national level; in this respect, is sceptical about the self-appointed role of the EU as a "global actor";
Amendment 111 #
2020/2111(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 136 #
2020/2111(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Notes the geopolitical competition and tensions following the COVID- 19 outbreak, and recognises that the European Union still has to position itself in the new world order in which, alongside the EU, the US, China and Russia play a leading roleEU Member States are responding accordingly at the external level to find solutions, including bilaterally, to calm the geopolitical situation; recalls that the main task of the EU should be first and foremost to focus internal European action and crises;
Amendment 158 #
2020/2111(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
Amendment 190 #
2020/2111(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Is worried aboutwelcomes the decision of the US to withdraw funding fromto the World Health Organizsation (WHO) and the general tendency of its President to withdraw the US from the multilateral organisations that were created to establish a rules-based world orderunderstands the wish of the US Administration to withdraw from multilateral organisations that they predominantly fund but are not fit for purpose; suggests that EU Member States should do the same;
Amendment 211 #
2020/2111(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Acknowledges the need to find a new methodStresses the continued importance of cooperation between the EU and USthe United States, based on mutual respect and a jointcommon agenda toin defend multilateralismce democracy, the rule of law and human rights;
Amendment 276 #
2020/2111(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. Urges the Chinese regime to fully cooperate with an independent investigation into the origins of COVID- 19, and calls on the Member States to present a united front towards a rising China, which is leading a crackdown on the pro-democracy movement in Hong Kong and has threatened to annex Taiwan; calls on the Member States to advocate Taiwan’s membership of the WHO;
Amendment 285 #
2020/2111(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
Amendment 342 #
2020/2111(INI)
Motion for a resolution
Subheading 5
Subheading 5
Amendment 348 #
2020/2111(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Recognises the global security, socio-economic and political risks that could be caused by the consequences of the COVID-19 pandemic, and is worried about the fact that the EU’s main international counterparts were prepared to use the crisis to unravel the rules-based world orderuropean Commission attempted to take advantage of the situation by underpminned by multilateral organisationing the Member States;
Amendment 359 #
2020/2111(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
Amendment 381 #
2020/2111(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Stresses that only a more unitedn EU, backed up by sufficient and credible military capacities, will be able to conduct a strong foreign policy, and believes that the VP/HR should receive a stronger mandate in speaking on behalf of the EU destabilising actor in international relations;
Amendment 404 #
2020/2111(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Believesis convinced that the end of the unanimity rule on foreign policy would help the EU to conduct a foreign policy that is more effective and more proactivirreparably weaken the sovereignty of Member States and would have as well far-reaching consequences for the external action of Member States; stresses that unanimity on foreign policy issues must have remained in place;
Amendment 417 #
2020/2111(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Underlines the important role of theMember States' armed forces during the COVID- 19 pandemic and believes that a more in- depth joint operations and effective coordination of mMember sStates’' armed forces within existing frameworks - such as the European Medical Command - or within new frameworks - such as military hospital trains - could lead to greater efficiency and contribute tohelp ensure that the EU’ is preparedness to fight pandemics; recognises the need to review the EU’s security and defence strategies to develop strategic autonomy, to become better prepared and more resilient to the new and hybrid threats and technologies that have made the nature of warfare less conventional and challenge the traditional role of the military, as well as for a future in which Russia and China are becoming more assertive; stresses that the futurestresses that Member States' armed forces should take into account the wider geopolitical implications of COVID-19; is convinced that Member Strategic Compass on security and defence should reflect these developments and take account of the broader geopolitical implications of COVID-19; believes that, given the new political balance and a potential worsening of the international security environment following COVID-19, the EU defence budgets must not be cuts' defence spending must not be reduced in the face of a potentially deteriorating international security environment as a result of COVID-19;
Amendment 446 #
2020/2111(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Calls for the expansion and modernisation of EU communication strategies so that EU action is sufficiently visible both within and beyond the EU; urges the European External Action Service (EEAS) to further strengthen its capbetween EU Member States to make their acities to counter disinformation, including the creation of a dedicated far- East StratCom Task Force focused on the disinformation emanating from China, and imposing costs on countries that deliberately spread disinformation to divide and harm the EU and its Member Statesons more effective both inside and outside the EU;
Amendment 465 #
2020/2111(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Stresses that its biggest global consumer market of almost 500 million people gives the EU Member States leverage on the world stage, and believes that a geopolitical Commission should use this leverage when other countries are not prepared to comply with the rule of law or international treatiesis leverage should be utilised in trade negotiations; urges the EU and its Member States to make aid granted to developing countries conditional upon agreements on the effective readmission of all illegal immigrants present in the EU eligible for return;
Amendment 492 #
2020/2111(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 519 #
2020/2111(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Underlines the strategic importance of EU engagement and support in its neighbourhood, both in the East and in the South; stresses that the EU must give Western Balkan countries that are not yet part of the EU a fair chance to join the EU, and that the EU must continue its efforts to invest in the regionCOVID-19 pandemic does not provide the excuse for the EU to expand still further, and under no circumstances should the EU admit new members; stresses that Turkey has taken advantage of the pandemic situation to continue its destabilising policies in the Eastern Mediterranean and all accession talks should be discontinued on a permanent basis;
Amendment 536 #
2020/2111(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Stresses that the COVID-19 crisis could destabilise countries in Africa which often have a fragile health infrastructure and high debts; calls for the EU presence in Africa to be strengthened, for financial assistance and recovery plans to be fostered and for an alternative to Chinese investments to be provided; stresses, however, that priorities should first be set with those EU Member States that are most affected by the COVID crisis; suggests that Member States should provide a coordinated aid and medical personnel to African countries in order to effectively address the COVID 19 crisis in the affected countries; stresses, however, that a new approach to the migration crisis is needed now in order to effectively protect external borders and combat illegal migration, as this could also potentially spread COVID 19 outbreaks in the respective Member States;
Amendment 566 #
2020/2111(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
Amendment 577 #
2020/2111(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
27. Is of the opinionUnderlines that the COVID- 19 crisis has highlighted certain weaknesses of our Union and has shown the urgent need for an effective and efficient Union; believes that the Conference on the Future of Europe will provide a good platform to move forward in constructing more efficient decision making in EU external policies; is therefore determined to start the Conference as soon as possiblestill further the weaknesses in the European Union and believes that these weaknesses are irreconcilable with good governance, and calls on the Member States to halt the long march towards a faux European federal states; underlines the urgent need for a shift of competences towards national decision-making, especially in crisis situations with appropriate coordination at Council level; considers that the Conference on the Future of Europe does not serve a possible reform approach as it does not represent broad public opinion; criticises the fact that the crisis has been used by the EU to push through controversial political agendas which also have an impact at foreign policy level;
Amendment 2 #
2020/2042(INI)
Draft opinion
Recital A
Recital A
A. whereas climate change and consequential natural disasters have become common drivers of migration, which will be further exacerbated as the climate crisis worsenthere is recent scientific proof that natural disasters are not being exacerbated by climate change; whereas all the predictions about ‘climate refugees’ have so far been disproven by the facts, as have very many others about the effects of climate change, due to the use of unreliable models and unlikely scenarios;
Amendment 24 #
2020/2042(INI)
Draft opinion
Recital B
Recital B
B. whereas climate-induced migration is strongly related to other factors, including poverty, since when a country lacks the appropriate resources toin non-industrialised societies, environmental factors, as well as the lack of economic resources and appropriate infrastructure for adapting to climate change, this can aggravate poverty and force people to move; whereas climatemay still be a reason for emigration which, inter alia, change is an important risk multiplier for conflict, drought, famine and migration aggravate the risk of conflicts with neighbouring populations on account of resource grabbing;
Amendment 41 #
2020/2042(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Stresses that climate migration does not requires a specific normative framework to bridge existingfor humanitarian protection, gaps, via various and complementary methods; highlights the definition of climate migration offered by the IOMiven that such kind of migration is fully covered by the criteria of economic migration;
Amendment 54 #
2020/2042(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the fact that, while climate migration is a reality that is set to intensify, people who move for long-term, climate change-related reasons have no effective access to protection in the EU; calls on the Member States and the Commission to put in place protection pathways, which include promoting humanitarian visas, temporary protection, authorisation to stay, and regional and bilateral free movement agreements; proposes that a climate passport be issued to persons coming from a country, or part of it, that will become uninhabitable due to climate change as a way to offer them protection from vulnerability and statelessness; proposes that any change in the environment due to climate change be explicitly listed among eligibility criteria for humanitarian protection; calls on the Commission and Member States to put forward such proposals in international forums, in parallel to other EU initiativesReiterates that under international law, emigration on economic grounds does not, by itself, grant the right to humanitarian protection or asylum in a third country; stresses, furthermore, that because ‘climate migration’ as a concept is extremely vague, it is a source for abuse of the humanitarian protection offered by developed countries; reminds the Member States and the Commission that ever vaguer eligibility criteria for humanitarian protection will create ever more incentives for immigration-related illegal commerce, starting with human trafficking;
Amendment 69 #
2020/2042(INI)
Draft opinion
Paragraph 3
Paragraph 3
Amendment 80 #
2020/2042(INI)
Draft opinion
Paragraph 4
Paragraph 4
4. HighlightNotes that the Global Compact on Safe, Orderly and Regular Migration identifiessuggests that climate change as a driver of migration and urges countries to introduce channels and to plan for people who move due to natural disasters and climate changecould be one of the drivers of migration;
Amendment 86 #
2020/2042(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Calls on the Commission to enhance and betterMember States to coordinate less restrictive legal channels for third-country workers and their families, which would include mobility schemes and preferential access for workers coming from a country, or part of it, affected by climate change;
Amendment 106 #
2020/2042(INI)
Draft opinion
Paragraph 6
Paragraph 6
Amendment 117 #
2020/2042(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Considers that, as part of the reform of the Union’s Migration and Asylum Policy, a comprehensive framework should be establishedthere is no need to establish a specific regulatory framework, which includes climate change -induced migration and displacement as core part of this process.;
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 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 68 #
2019/2176(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas the Parliament should recommend to the Commission and the Council to end the accession negotiations with Turkey;
Amendment 79 #
2019/2176(INI)
Motion for a resolution
Recital D
Recital D
D. whereas, in despite of this principled stance by Parliament and all of the current circumstancecurrent developments, the European Council, in its conclusions of 1 October 2020, offered Turkey a renewed and broad positive agenda, provided that constructive efforts are sustained, in a further attempt to restore our relations;
Amendment 87 #
2019/2176(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Amendment 90 #
2019/2176(INI)
Motion for a resolution
Recital D b (new)
Recital D b (new)
Amendment 96 #
2019/2176(INI)
Motion for a resolution
Recital D c (new)
Recital D c (new)
Dc. whereas Turkey, as a full member of the North Atlantic Treaty Organisation (NATO), is through its actions in Syria undermining the NATO alliance and jeopardising the security of Europe;
Amendment 113 #
2019/2176(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Notes with concern that Turkey’s continuous and growing distancing from European values and standards has brought EU-Turkey relations to a historical low point, having deteriorated to such an extent that it requires both parties to profoundly reassess the current framework of relations;
Amendment 139 #
2019/2176(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Is deeply concernedNotes that, over the years, the lack of progress in Turkey’s convergence has now transformed into a full withdrawal, marked by a stark regression in three main areas: backsliding on the rule of law and fundamental rights, adopting regressive institutional reforms and pursuing a confrontational foreign policy; is further concerned bynotes the fact that this regression has increasingly been accompanied by an explicit anti-EU narrative; calls, in this context, on Turkey to reassess the sincerity of its commitment to the EU path, as an indispensable component of the viability of the entire accession process;
Amendment 159 #
2019/2176(INI)
5. Stresses that, since Parliament’s last report, the situation, far from improving, has deteriorated even further; firmly insists, therefore, on the formal suspension ofend of the accession negotiations with Turkey, in order for both sides to review in a realistic manner the appropriateness of the current framework and its ability to function, or, if necessary, to explore possible new models for future relations; further calls on the Commission and Council to terminate all funding to Turkey in terms of the pre- accession process, the current and planned MFF, the EU Facility for Refugees, and in terms of the EU-Turkey action plan on migration; calls on the EU, furthermore, to stop all EIB loans to Turkey;
Amendment 185 #
2019/2176(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Regrets the currentnotes the lack of understanding between the EU and Turkey, but reaffirms its firm conviction; stresses that Turkey is a strategic neighbour and ally with whichom the EU wishes to have the best possible relationsmaintain good relations, but not at any price;
Amendment 196 #
2019/2176(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 217 #
2019/2176(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Is appalled bynotes the serious backsliding on fundamental freedoms revealing the dire human rights situation in Turkey and the continued erosion of democracy and the rule of law;
Amendment 218 #
2019/2176(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
Amendment 237 #
2019/2176(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. Notes with deep concern that, despite the formal lifting of the state of emergency in July 2018, its impact on democracy and fundamental rights continues to be strongly felt;
Amendment 246 #
2019/2176(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Deeply regretnotes that this repressive form of rule has now become a deliberate, relentless, systematic state policy, which extends to any critical activities, such as Kurdish activism, or even to events that took place prior to the attempted coup, such as the Gezi protests;
Amendment 249 #
2019/2176(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. RegretNotes that the current overly broad anti-terrorism provisions and the abuse of the anti-terror measures have become the backbone of this state policy; reiterates its firm condemnation of the violence by the Kurdistan Workers’ Party (PKK), which has been on the EU list of terrorist organisations since 2002; stresses the Turkish government's closeness to political Islam, in particular to the Muslim Brotherhood, which represents Turkish interests, especially in the EU Member States; calls on the Commission and the Council to ban organisations with relations to political Islam;
Amendment 275 #
2019/2176(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Is deeply worried aboutNotes the disregard by the Turkish judiciary of European Court of Human Rights (ECtHR) rulings and the increasing non-compliance of lower courts with the judgments of the Constitutional Court;
Amendment 292 #
2019/2176(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. Expresses serious concern aboutNotes the disproportionate and arbitrary measures curtailing freedom of expression, media freedom and access to information; urges Turkey to guarantee media freedom as a matter of priority;
Amendment 309 #
2019/2176(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Is deeply concerned aboutCondemns the constant attacks and pressure on the opposition parties, which undermines the proper functioning of a democratic system;
Amendment 320 #
2019/2176(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Notes with great concern the way that the People’s Democratic Party (HDP) has been specifically and continuously targeted by the Turkish authorities; strongly condemns the continued detention of former HDP co- chair Selahattin Demirtaş;
Amendment 375 #
2019/2176(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Urges Turkey to protect the rights of minorities and vulnerable groups, including women, LGBTI people and ethnic and religious minorities; stresses the continuing difficult situation of Christians in Turkey, who cannot freely exercise their faith due to repression and persecution, and the destruction and rededication of former Christian monuments and churches declared by the Turkish government, such as the conversion of Hagia Sophia into a mosque, which threatens to destroy the Christiesan heritage in Turkey forever;
Amendment 432 #
2019/2176(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Is alarmed byNotes the consolidation of an authoritarian interpretation of the presidential system; is deeply concerned aboutfurther notes the continued hyper-centralisation of power in the Presidency, which does not ensure a sound and effective separation of powers between the executive and the legislative branches and the judiciary;
Amendment 435 #
2019/2176(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Is concerned aboutnotes the ever more frequent use of a hyper-nationalist -Islamist narrative among the ruling elite that increasingly gives rise to antagonistic approaches towards the EU or its Member States; is concerned about the increasing clout of religious conservatism in political life; further notes the increasing influence of political Islam on political and social life; criticises that political Islam in the EU Member States undermines the rule of law and serves as an extension of Turkish interests in the Member States of the EU;
Amendment 479 #
2019/2176(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Recalls the laudable role played by Turkey in responding to the migration crisis resulting from the war in Syria; takecondemns the viewfact that the EU should continue to give the necessary support to Syrian refugees and host communities in Turkey; supports an objective assessment of the EU-Turkey Statement and underlines the importance of both partiTurkey used extortionate methods and puts pressure on Member States, such as Greece and Cyprus, by sending refugees to the EU's external border; calls on the Commission and the Council to ensure effective protection of the EU's external border and to show solidarity with the Member States’ compliance with ncerned by not sending any furtheir respective commitmentsassistance to Turkey;
Amendment 504 #
2019/2176(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. StresProposes that a modernisation of the Customs Union could be beneficial for both parties and would keep Turkey economically and normatively anchored to the EU; reiterates that this would need to be based on strong conditionality related to human rights and fundamental freedoms; highlights that it seems unrealistic to envisage any modernisation of the Customs Union given the current circumstances; recalls that the current Customs Union will not achieve its full potential until Turkey fully implements the Additional Protocol in relation to all Member Statethe Customs Union Decision which took effect on 1 January 1996 be suspended for a renewable period of six months;
Amendment 590 #
2019/2176(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
29. Strongly condemns the Turkish military interventions in Syria, especially in the northeast and Idlib, which constitute grave violations of international law; stresses that the Turkish army leadership used Islamist militias, who were responsible for ethnic cleansing, especially against Kurds and the Christian minority in the region;
Amendment 616 #
2019/2176(INI)
Motion for a resolution
Paragraph 30 a (new)
Paragraph 30 a (new)
30a. Calls for the suspension of visa liberalisation for Turkey;
Amendment 637 #
2019/2176(INI)
Motion for a resolution
Paragraph 31
Paragraph 31
31. RegretNotes that, rather than calling for an end to the violence and for a resumption of peaceful negotiations supporting the efforts of the Organization for Security and Co- operation in Europe (OSCE) Minsk Group, Turkey instead decided to unconditionally sustain the military actions of one of the sides in the recent conflict in Nagorno- Karabakh;
Amendment 638 #
2019/2176(INI)
Motion for a resolution
Paragraph 31 – subparagraph 1 (new)
Paragraph 31 – subparagraph 1 (new)
Proposes that the North Atlantic Council henceforth exclude Turkey from its meetings until Turkey ceases to violate the provisions of the North Atlantic Treaty;
Amendment 647 #
2019/2176(INI)
Motion for a resolution
Paragraph 31 a (new)
Paragraph 31 a (new)
31a. Strongly urges the Turkish Government to recognise the Armenian genocide;
Amendment 661 #
2019/2176(INI)
Motion for a resolution
Paragraph 32
Paragraph 32
32. Believes that it is high time to review the EU’s relations with Turkey and to define a comprehensive, unified and coherent strategy for the medium to long term, among all EU institutions and Member States, which should result in the suspension of the accession negotiations;
Amendment 681 #
2019/2176(INI)
Motion for a resolution
Paragraph 33
Paragraph 33
33. Takes the view that enhancing communication and dialogue at all levels are key to restoring mutual trust between the EU and Turkey; deplores the continuous and unjustifiedEU-Turkey relations should continue through communication and dialogue at all levels; notes, however, the refusal of the Turkish side to reinstate the normal functioning of the EU-Turkey Joint Parliamentary Committee;
Amendment 2 #
2019/2171(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regard to the Constitution of the Federation of Bosnia and Herzegovina,
Amendment 7 #
2019/2171(INI)
Motion for a resolution
Citation 4
Citation 4
Amendment 8 #
2019/2171(INI)
Motion for a resolution
Citation 5
Citation 5
Amendment 9 #
2019/2171(INI)
Motion for a resolution
Citation 6
Citation 6
Amendment 13 #
2019/2171(INI)
Motion for a resolution
Citation 7
Citation 7
Amendment 27 #
2019/2171(INI)
Motion for a resolution
Citation 12
Citation 12
- having regard to UN Security Council Resolution 2549 (2020) of 5 November 2020 renewing the mandate of operation Altheathat the number of unregistered firearms in civilian illegal possession in the Western Balkans is thought to be around 3.8 million and large quantities of ammunition and military explosive devices such as but not limited to hang grenades, antipersonnel- as well as anti-tank mines,
Amendment 29 #
2019/2171(INI)
Motion for a resolution
Citation 13
Citation 13
- having regard to its resolution of 9 July 2015 on the Srebrenica Commemoration1 , __________________ 1the fact that the hostilities in the Western Balkans are not over and that there is no stabile Peace established, merely a standstill in hostilities, OJ C 265, 11.8.2017, p. 142.
Amendment 40 #
2019/2171(INI)
Motion for a resolution
Citation 18 a (new)
Citation 18 a (new)
- having regard to the reports: Strengthening Resilience in the Western Balkans: Mapping Assistance for SALW Control, Small Arms Survey, September 2018; and UNODC (2020), Global Study on Firearms Trafficking,
Amendment 46 #
2019/2171(INI)
Motion for a resolution
Recital A
Recital A
A. whereas the Stabilisation and Association Process and Bosnia and Herzegovina’s EU membership application representdo not constitute a last resort for the country’'s strategic choice towards European integrationaccession process;
Amendment 49 #
2019/2171(INI)
Motion for a resolution
Recital B
Recital B
Amendment 53 #
2019/2171(INI)
Motion for a resolution
Recital C
Recital C
C. whereas the implementation of meaningful reforms, created in accordance with the country's Constitution, that improve citizens’ lives and facilitate EU accession require the engagement of all BiH political leaders, authorities, institutions and office holders, but most importantly of all from the citizens in both parts of BiH;
Amendment 56 #
2019/2171(INI)
Motion for a resolution
Recital D
Recital D
D. whereas a clear distribution of responsibilities and enhanced cooperation between different levels of both government iss are essential;
Amendment 58 #
2019/2171(INI)
Motion for a resolution
Recital E
Recital E
Amendment 61 #
2019/2171(INI)
Motion for a resolution
Recital F
Recital F
F. whereas the countryboth entities continues to face numerous challengegrave problems related to the rule of law, governance, accountability, immigration management, freedom of expression and media freedom, and a functioning market economy;
Amendment 66 #
2019/2171(INI)
Motion for a resolution
Recital G
Recital G
G. whereas BiH is a migrant transit route, and reception capacities remain insufficient for hosting migrants and asylum seekers prese for mass volumes of predominantly illegal immigrants that has illegally entered BiH and the EU and its Member States cont in the countryue to face the threat of uncontrolled and illegal immigration;
Amendment 76 #
2019/2171(INI)
Motion for a resolution
Recital G c (new)
Recital G c (new)
Gc. whereas BiH is a safe country in terms of immigration terminology in international-law;
Amendment 80 #
2019/2171(INI)
Motion for a resolution
Recital H
Recital H
H. whereas the Member States of the EU is Bosnia and Herzegovina’s biggest trading partner and the largess well as the most significant provider of financial assistance;
Amendment 84 #
2019/2171(INI)
Motion for a resolution
Recital I
Recital I
I. whereas the COVID-19 pandemic aggravated BiH’s socio-economic situation; whereas the EU-Member States has mobilised EUR 80.5 million, to be administered by EU staff, to assist BiH in tackling COVID-19 and its post-pandemic recovery, and up to EUR 250 million in macro-financial assistance; whereas the Economic and Investment Plan for the Western Balkans will facilitate a long- term recovery;
Amendment 87 #
2019/2171(INI)
Motion for a resolution
Recital I a (new)
Recital I a (new)
Ia. whereas the attraction of working in a EU-Member State or other more developed nation has created a detrimental loss of both highly to medium skilled individuals in BiH, and this is to the general detriment of the development of BiH; whereas currently it is estimated that 11 million immigrants from Central and Eastern Europe, or ten percent of their population, currently reside in Western Europe a number that has substantially risen in the last 20 years; whereas according to the World Economic Forum BiH is one of the worse affected nations in terms of the loss of skilled professionals with a score of 1.76 on a scale of 1= all talented people leaving the country to, 7=all talented people staying in the country; whereas this is reinforced with the Gallup survey estimating the potential net gains or losses to a country’s adult population, showing that the total loss of population, due to immigration, from both entities in BiH has the potential to be 32% of the total population;
Amendment 92 #
2019/2171(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. RecCalls that the path towards the EU depends on sustainable peace and genuine reconciliation warranting the democratic and multicultural character of BiH; urges the country to expedite effective prosecution of war crimes under the revised National War Crimes Processingon EU Member States to start a new debate on the need and use of EU enlargement, the debate shall also include a consultative element for all citizens of the Member Strategy, and calls for impartial and effective investigations into these crimes; condemns any kind of historical revisionism, secessionist rhetoric and related acts, denial or glorification of war crimes committed during the 1990’s wars to provide their view on EU enlargement;
Amendment 99 #
2019/2171(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Recalls that over 7 200 BiH citizens from both entities are still missing, and urgerecommends the authorities in both entities to intensify cooperation and data sharing on issues related to missing persons, redress to civilian victims of war, and to ensure the safe return of refugees still residing in EU Member States and internally displaced people;
Amendment 111 #
2019/2171(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Calls onRecommends all regional political leaders to set up the Regional Commission tasked with establishing the facts about all victims of war crimes and other human rights violations committed on the territory of the former Yugoslavia (RECOM), building upon the significant work carried out by the Coalition for RECOM;
Amendment 117 #
2019/2171(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. UrgesCalls on the authorities in both entities to ensure inclusive and non- discriminatory education for all children;
Amendment 138 #
2019/2171(INI)
Motion for a resolution
Paragraph 5
Paragraph 5
5. UrgeRecommends all BiH political leaders and institutions in both entities to significantly accelerate work and co- operation to fully comply with the 14 key priorities and ensure full control of the flow of illegal immigrants; calls on the authorities to maintain the political will for enhanced co- operation demonstrated at the onset of the COVID-19 crisis;
Amendment 143 #
2019/2171(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
6. Underlines that the effective organisation and independent functioning of institutions is an essential feature of a viable democracy and a prerequisite for advancing the EU integration process, including obtaining candidate status; warns that ethno-nationalistic rhetoric and attempts to obstruct the functioning of institutions undermine country-wide co-ordination and decision-making on key policies and reforms, the control of the national borders, the country's constitution and all adopted treaties between the country's cultural groups must be respected;
Amendment 151 #
2019/2171(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 165 #
2019/2171(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Underlines the urgent need to address shortcomings in the constitutional framework and to make progress on reforms that would transform BiH into a fully functional and inclusive state; stresses that institutionStresses that the country's constitution was adopted under extremely adverse circumstances and preserves the al reforms dependady fragile composition onf the will and commitment of political leadercountry, its authorities and its institutions in the country; urges the international community to facilitate the conditions for constitutional dialogue under the leadership of the EU, in particular Parliament, and in consultation with civil society; warns against amending or even calling into question this fragile structure under pressure from third parties;
Amendment 178 #
2019/2171(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Underlines the need to considerably strengthen cooperation and data exchange between state, entity and cantonal jurisdictions across all policy areas; notes the urgency of strengthening state-level capacity and expertise in the wide range of issues that need to be addressed to fulfil the obligations related to European integration;
Amendment 185 #
2019/2171(INI)
Motion for a resolution
Paragraph 10
Paragraph 10
10. RegretNotes the lack of progress on reforms in the judiciary; reiteratecommends the urgent need to strengthen the professionalism and accountability of the judiciary and to ensure its independence from undue influence;
Amendment 201 #
2019/2171(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Calls forRecommends immediate steps to tackle corruption and impunity in the public sphere in order to rebuild citizens’ trust in the institutions;
Amendment 207 #
2019/2171(INI)
Motion for a resolution
Paragraph 12
Paragraph 12
12. UnderlineRecommends the need to ensure consistent country-wide professional civil service standards, and calls for the implementation of merit-based standards within the constitutional framework in public appointments and promotions as a priority; welcomes the adoption of the Public Administration Reform Strategic Framework, enabling mobilisation of related EU funds;
Amendment 212 #
2019/2171(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Expresses concern over the fundamental rights situation, and calls forNotes that certain fundamental rights are not respected and recommends more effective and comprehensive countrywide human rights and anti- discrimination strategies, as well as measures against interfaith and interethnic intolerance; stresses the need to duly prevent and prosecute the proliferation of hate speech, hate crimes and violence, and to promote social inclusion of minorities and vulnerable populations, including the Romanotes as well the fundamental importance of a complete transitional justice process in order to build a strong base for a lasting peace in BiH and the Western Balkans;
Amendment 231 #
2019/2171(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
15. RegretNotes BiH’s continued inabilityavoidance to comply with a number of anti-discrimination rulings of the European Court of Human Rights (ECtHR); notes as well the continuing shortcomings in the election process, and reiterates the need to address discriminatory ethnicity and residency- based restrictions on the right to stand for election through the required constitutional changes;
Amendment 243 #
2019/2171(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls forRecommends thorough investigations into alleged electoral irregularities, including identity theft, barriers to independent electoral observation and political pressure on the BiH Central Election Commission (CEC), during of the 2020 municipal elections;
Amendment 250 #
2019/2171(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. RegretsNotes the continued political and financial pressure and instrumentalisation of the media, undermining freedom of expression and media pluralism; expresses its concern atnotes as well the hostile environment for independent media, and urgerecommends the authorities to effectively investigate and prosecute threats and attacks against journalists and media personnel;
Amendment 258 #
2019/2171(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
Amendment 271 #
2019/2171(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Notes the increased illegal immigratory pressure on the country; calls for effective inter-institutional coordination of BiH and urges both entities to ensure a stop at their borders for all illegal immigrationnts and border management in the face of a mounting humanitarian crisis; calls for equitable burden-sharing and adequate support for local communities hosting temporary reception centres; underlines the need to ensure appropriate recepensure that they are unable to enter and traverse both entities; reminds all authorities in both entities that all development like aid, administered by the EU, to be considered in the future will be on the condition that both entities once and for all fully stop the illegal mass inflow of illegal-immigrants via their territories, towards the EU external border; therefore stresses the importance for effective inter-institutional condiordination of immigrations and to boost capacity for processing incoming migrants and asylum-seekers; urges BiH to conclude an agreement with the European Asylum Support Office (EASO); calls on the EU to step up its support to BiH’s authorities, namely wiborder management in the face of a mounting illegal immigration to the EU and its Member States; stresses, furthermore, that the issue of repatriation of illegal immigrants is crucial and that further establishment of reception camps at the EU's external border must be prevented; notes that the Bosnian population in particular, especially in the regard to operational assistancion around Bihać and Velika Kladuša, is suffering as a result of rampant crime;
Amendment 303 #
2019/2171(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. UrgeCalls BiH to step up its efforts against cross-border crime, especially human traffickingthe facilitation of illegal immigration into the EU -area, and to ensure swift conclusion of the status agreement with the European Border and Coast Guard Agency (Frontex) that would facilitate better protection of borders in full respect for fundamental rights, while helping fight cross-border crime;
Amendment 307 #
2019/2171(INI)
Motion for a resolution
Paragraph 20 a (new)
Paragraph 20 a (new)
20a. Does not accept the lack of willingness and ability by the entities and their institutions to control the possession of illegal fire arms and military-grade explosive devices and stop the illegal movement of these weapons into the Member States as this undermines and deny the full utilization of human rights for citizens in the Member States; points out the reports "Strengthening Resilience in the Western Balkans: Mapping Assistance for SALW Control, Small Arms Survey, September 2018" and "UNODC (2020), Global Study on Firearms Trafficking " and highlights, that the ongoing threat in the Western Balkans region was confirmed by several studies; stresses that weapons used in terrorist attacks in the EU were, as mentioned in the reports, acquired through local illicit firearm markets and were found to originate from the Western Balkans; underlines that those reports stresses, that the Western Balkans is the main supplier of illicit firearms in Europe and the that links between the Western Balkans and small arms used in EU member states in various types of criminal and terrorist activities are evidently clear; reminds as well that the latest report from the UN on the subject "UNODC Global Firearms Study", which confirms, that the Western Balkans remain a source of illicit firearms, notably assault rifles for Western Europe; urges the institutions in both entities to show credible action to control these weapons and stop their entry into the Member States;
Amendment 311 #
2019/2171(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Calls for a co-ordinated, strategic countryentity-wide response to the ongoing health emergency and post-pandemic recovery measures; recalls COVID-relatedillegal mass immigration emergency; recalls the conditionality for all development-aid administered by the EU support to address the acute s on the ability of all instituation in the country; calls on the European Commission and the Member States to allocate a sufficient number of COVID-19 vaccines to the Western Balkan counts of government in BiH to fully control and halt illegal immigration from and via their territories;
Amendment 336 #
2019/2171(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
23. Calls oSuggests to both entities in BiH to step up active labour market measures aimed at reducing long-term and youth unemployment, contribuand especially focus on halting to the most acute brain drain in the regionBiH;
Amendment 345 #
2019/2171(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. UrgeRecommends the authorities in both entities to prioritise measures aimed at boosting economic diversification, digitalisation and tackling the informal economy, while developing effective and transparent mechanisms for energy market, transport infrastructure, sustainable tourism and support for SMEs;
Amendment 365 #
2019/2171(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Urges BiH’s authorities to ensure alignment with EU standards and policy objectives on climate protection and energy, facilitating the green and digital transition, and calls for the prioritisaSuggests that the entities in BiH’s ensure protection of measures to reducinge ecological degradation and environmental risks to health;
Amendment 387 #
2019/2171(INI)
Motion for a resolution
Paragraph 27
Paragraph 27
Amendment 394 #
2019/2171(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
Amendment 403 #
2019/2171(INI)
Motion for a resolution
Paragraph 30
Paragraph 30
Amendment 34 #
2019/2125(INI)
Motion for a resolution
Citation 15
Citation 15
Amendment 38 #
2019/2125(INI)
Motion for a resolution
Citation 16
Citation 16
Amendment 114 #
2019/2125(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
Amendment 180 #
2019/2125(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Stresses that freedom of speech and expression, as well as media pluralism, are at the heart of resilient democratic societies; urges that the best possible safeguards against disinformation campaigns and hostile propaganda be put in place by developing a legal framework both at EU andat international level for tackling hybrid threats, including cyber and information warfare;
Amendment 213 #
2019/2125(INI)
Motion for a resolution
Paragraph 15
Paragraph 15
Amendment 272 #
2019/2125(INI)
Motion for a resolution
Paragraph 20
Paragraph 20
20. Stresses the invaluable and essential role that HRDs play at the risk of their lives; recommends strengthening cooperation between the EU institutions and the Member States, enabling them to provide continuous support to HRDs; values the ‘ProtectDefenders.eu’ mechanism established to protect HRDs at grave risk; calls on the Council and the Commission to establish a specific coordinated procedure for awarding visas to HRDs; calls on the Commission to make full use of the financial capacity of the European Instrument for Democracy and Human Rights (EIDHR) to support HRDs;
Amendment 296 #
2019/2125(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Strongly supports the EU’s strategic engagement for gender equality and its ongoing efforts to improve the human rights situation of women and girls, in line with the 2030 SDGs; calls on the Commission and the EEAS to further contribute to gender equality and girls’ and women’s empowerment by working closely with international organisations and non-EU countries, in order to develop and implement new legal frameworks regarding gender equality, and to eradicate harmful practices targeted at women and girls, such as child marriage and female genital mutilation;
Amendment 386 #
2019/2125(INI)
Motion for a resolution
Paragraph 24
Paragraph 24
24. Urges the Commission, the EEAS and the Member States to step up advocacy in relation to FoRB, and to launch interreligious dialogue with states and representatives of civil society and faith groups in order to prevent acts of violence and discrimination against persons on the grounds of thought, conscience, religion or belief; calls for the EUMember States to continue to forge alliances and to enhance cooperation with a broad range of countries and regional organisations, in order to deliver positive change in relation to FoRB; reminds the Council and Commission of the need to adequately support the institutional mandate, capacity and duties of the Special Envoy for the promotion of FoRB outside the EU;
Amendment 398 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Draws attention on protecting the largest persecuted religious minority in the world, the Christians, and that the persecution of Christians is reaching near genocidal levels;
Amendment 399 #
2019/2125(INI)
Motion for a resolution
Paragraph 24 b (new)
Paragraph 24 b (new)
24b. Draws specific attention to the persecution of Christians in the Middle East and Africa, and noting that, according to a recent report commissioned by the UK Secretary of State Jeremy Hunt, the overwhelming majority (80%) of persecuted religious believers are Christians; further expresses its concern that whereas a century ago Christians comprised 20% of the population in the Middle East and North Africa, this has now fallen to less than 4%”;
Amendment 449 #
2019/2125(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Stresses the urgent need to tackle the root causes of migration flows such as wars, conflicts, persecution, networks of illegal migration, trafficking, smuggling and climate change; calls for the external dimension of the refugeemigration crisis to be addressed, including by finding sustainable solutions to conflicts through building cooperation and partnerships with the third countries concerned; insists that the implementation of the Global Compacts on migration and refugees must therefore go hand in hand with the implementation of the UN’s 2030 Agenda as set out in the Strategic Development Goals, as well as with increased investment in developing countries;
Amendment 469 #
2019/2125(INI)
Motion for a resolution
Paragraph 29
Paragraph 29
Amendment 2 #
2018/0902R(NLE)
Draft opinion
Paragraph 1
Paragraph 1
1. Expresses deep concern about the deliberate and systematic efforts of the Hungarian Government to undermine the founding values of the Union enshrined in Article 2 TEU, in particular through the removal of the constitutional checks and balances, by the limitation of the independence of the judiciary, by intentional alteratirection to which the whole European Union is heading due to unfounded and politically motivated attacks against the Member States, which oppose the mainstream visions of the national electoral system and by hampering freedom of expression; highlights that these trends have substantially worseneEU as an ever closer federal supra-national state, and defend the sovereignty and since the triggering of Article 7(1) TEU and have been severely amplified by the COVID-19 crisidependence of the Member States;
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 9 #
2018/0902R(NLE)
Draft opinion
Paragraph 2
Paragraph 2
2. Deplores the fact that theRegards that constitutional balance inchanges that Hungary has continued to be significantly altered by a deliberately broad and instrumental use of cardinal laws and constitutional amendments aiming to entrench the issues which are to beapproved during the last decade are a regsulated by ordinary legislation, with no or lt of a legitimiated public consultation, in use of a govery expedient manner, without any effective involvement of the opposition or civil society; highlights that such a trend is contrary to the rule of law, to constitutional traditions and to principles common to Member States and has been a source of open and consistent criticism by the EU and by the Council of Europe institutions; denounces the excessive use of extraordinary powers with the declaration of the state of danger at the outset of the COVID-19 pandemicning majority received in democratic elections, if and to the extent to which the Hungarian Constitutional Court has upheld them or, at any rate, not questioned them constitutionally;
Amendment 19 #
2018/0902R(NLE)
Draft opinion
Paragraph 4
Paragraph 4
4. Expresses concern about the steps the Hungarian Government has taken to further limit the independenceRecalls that the fact that the Hungarian Government relies ofn the judiciary, in particular by weakening the powers of the National Judicial Council, which damages mutual trust in the EU, as national judges are judges of first instance of EU law and guarantee equality between EU citizens; highlights, furthermore, that the Hungarian Government increasingly relies on the Hungarian Constitutional Court to avoid compliance with the judgments of the Court of Justice of the European Union (CJEU), thereby undermining the primacy of EU lawHungarian Constitutional Court without seeking compliance with the judgments of the Court of Justice of the European Union (CJEU) is legitimate use of state sovereignty, which is in compliance with the EU treaties; further recalls that the principle of primacy of EU law has no basis in the EU treaties except for the normative ambiguous Declaration 17 to the Treaty on European Union;
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 24 #
2018/0902R(NLE)
Draft opinion
Paragraph 5
Paragraph 5
5. Insists that the Council’s constitutional obligation to organise hearings, enshrined in Article 7(1) TEU, should be implemented in an open, regular and structured manner; insists that in all proceedings related to Article 7 TEU, Parliament and the Commission shoulEU institutions terminate proceedings under Article 7(1) TEU due to the fact that it results in interference in internal affairs of a sovereign and independent state, which is contrary to public international law; recalls that according to the Declaration on Principles of International Law concerning Friendly Relations and Co- operation among States in accordance with the Charter of the United Nations, adopted bey treated equally; calls on the Council to systematically provide the Member State concerned with recommendations, and to oversee the implementation thereof on a regular basis, following the hearings under Article 7 TEU; he UN General Assembly on 24 October 1970 (resolution 26/25 (XXV))1a, "[n]o state or group of states has the right to intervene, directly or indirectly, for any reason whatever, in the internal or external affairs of any other state", and that "interference or attempted threats against the personality of the state or against its political, economic and cultural elements, are in violation of international law"; _________________ 1a https://www.un.org/ruleoflaw/files/3dda1f 104.pdf
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 39 #
2018/0902R(NLE)
Draft opinion
Paragraph 7
Paragraph 7
7. InsistsPoints out that legitimacy of the EU’s action on the rule of law needs to be underpinned by a coherent, effective and visible EU annual rule of law monitoring cycle, which should also integrate procedures under Article 7 TEU and under the Rule of Law Conditionality Regulation; calls on the Council and the Commission to respond without delay to Parliament’s requests to negotiate an interinstitutional agreement under Article 295 TFEU framing such a mechanism suffers from actions that create tensions and erode unity between the Member States e.g. from procedures under Article 7 TEU and under the Rule of Law Conditionality Regulation; calls on the Council and the Commission to terminate aforementioned proceedings;
Amendment 45 #
2018/0902R(NLE)
Draft opinion
Paragraph 8
Paragraph 8
8. Takes note of the recent parliamentary elections in Hungary and insists that any Hungarian government elected remains responsible for eliminating the risk of serious breaches of EU values.totally respects their legitimate and democratic outcome;
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 159 #
2018/0329(COD)
Proposal for a directive
Recital 9
Recital 9
(9) It is recognised that it is legitimate for Member States to return illegally staying third-country nationals, provided that fair and efficient asylum systems are in place which fully respect the principle of non-refoulement.
Amendment 172 #
2018/0329(COD)
Proposal for a directive
Recital 12
Recital 12
(12) To reinforce the effectiveness of the return procedure, clear responsibilities for third-country nationals should be established, and in particular the obligation to cooperate with the authorities at all stages of the return procedure, including by providing the information and elements that are necessary in order to assess their individual situation. The determination of their real age, through bone or dental tests, is vital in order to verify the truth of their statements on this subject, making it possible to assess their good faith, and to protect genuine unaccompanied minors by distinguishing between them and those making false claims. At the same time, it is necessary to ensure that third-country nationals are informed of the consequences of not complying with those obligations, in relation to the determination of the risk of absconding, the granting of a period for voluntary departure and the possibility to impose detention, and to the access to programmes providing logistical, financial and other material or in-kind assistance.
Amendment 204 #
2018/0329(COD)
Proposal for a directive
Recital 16
Recital 16
(16) The deadline for lodging an appeal against decisions related to return should provide enough time to ensure access to an effective remedy, while taking into account that long deadlines can have a detrimental effect on return procedures. To avoid possible misuse of rights and procedures, a maximum period not exceeding fivthree days should be granted to appeal against a return decision. This provision should only apply following a decision rejecting an application for international protection which became final, including after a possible judicial review.
Amendment 213 #
2018/0329(COD)
Proposal for a directive
Recital 18
Recital 18
Amendment 225 #
2018/0329(COD)
Proposal for a directive
Recital 19
Recital 19
(19) In cases where the principle of non-refoulement is not at stake, aAppeals against a return decision should not have an automatic suspensive effect. The judicial authorities should be able to temporarily suspend the enforcement of a return decision in individual cases for other reasons, either upon request of the third- country national concerned or acting ex officio, where deemed necessary. Such decisions should, as a rule, be taken within 48 hours. Where justified by the complexity of the case, judicial authorities should take such decision without undue delay.
Amendment 231 #
2018/0329(COD)
Proposal for a directive
Recital 20
Recital 20
(20) To improve the effectiveness of return procedures and avoid unnecessary delays, without negatively affecting the rights of the third-country nationals concerned, the enforcement of the return decision should not be automatically suspended in cases where the assessment of the risk to breach the principle of non- refoulement already took place and judicial remedy was effectively exercised as part of the asylum procedure carried out prior to the issuing of the related return decision against which the appeal is lodged, unless the situation of the third- country national concerned would have significantly changed since.
Amendment 247 #
2018/0329(COD)
Proposal for a directive
Recital 25
Recital 25
(25) When an illegally staying third- country national is detected during exit checks at the external borders, it may be appropriateis necessary to impose an entry ban in order to prevent future re-entry and therefore to reduce the risks of illegal immigration. When justified, following an individual assessment and in application of the principle of proportionality, aAn entry ban mayshall be imposed by the competent authority without issuing a return decision in order to avoid postponing the departure of the third- country national concerned.
Amendment 251 #
2018/0329(COD)
Proposal for a directive
Recital 27
Recital 27
(27) The use of detention for the purpose of removal should be subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justifHowever, in viedw only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficientf the illegal situation of the individuals concerned by return, detention must always remain an instrument available to Member States.
Amendment 261 #
2018/0329(COD)
Proposal for a directive
Recital 28
Recital 28
(28) Detention should be imposed, following an individual assessment of each case, where there is a risk of absconding, where the third-country national does not cooperate with all the stages in the removal process, avoids or hampers the preparation of return or the removal process, or when the third country national concerned poses a risk to public policy, public security or national security.
Amendment 266 #
2018/0329(COD)
Proposal for a directive
Recital 29
Recital 29
(29) Given that maximum detention periods in some Member States are not sufficient to ensure the implementation of return, a maximum period of detention between three and six months, which may be prolonged, should be established in order to provide for sufficient time to complete the return procedures successfully, without prejudice to the established safeguards ensuring that detention is only applied when necessary and proportionate and for as long as removal arrangements are in progress.
Amendment 307 #
2018/0329(COD)
Proposal for a directive
Recital 35
Recital 35
(35) An appeal against a return decision taken in the context of the border procedure should not have an automatic suspensive effect in cases where there is a risk of breach of the principle of non- refoulement, there has been a significant change in the situation of the third- country national concerned since the adoption under the asylum border procedure of the decision rejecting his or her application for international protection, or if no judicial remedy was effectively exercised against the decision rejecting his or her application for international protection adopted under the asylum border procedure.
Amendment 315 #
2018/0329(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Establishing return management systems in Member States contributes to the efficiency of the return process. Each national system should provide timely information on the identity and legal situation of the third country national that are relevant for monitoring and following up on individual cases. To operate efficiently and in order to significantly reduce the administrative burden, such national return systems should be linked to the Schengen Information System, to Eurodac and to all the databases used to identify third country nationals, to facilitate and speed up the entering of return-related information, as well as to the central system established by the European Border and Coast Guard Agency in accordance with Regulation (EU) …/… [EBCG Regulation].
Amendment 329 #
2018/0329(COD)
Proposal for a directive
Recital 44
Recital 44
(44) Application of this Directive is without prejudice to the obligations resulting from the Geneva Convention relating to the Status of Refugees of 28 July 1951, as amended by the New York Protocol of 31 January 1967.
Amendment 334 #
2018/0329(COD)
Proposal for a directive
Recital 46
Recital 46
(46) The purpose of an effective implementation of the return of third- country nationals who do not fulfil or no longer fulfil the conditions for entry, stay or residence in the Member States, in accordance with this Directive, is an essential component of the comprehensive efforts to tackle irregular migration, based on the principle of deterrence, and represents an important reason of substantial public interest.
Amendment 339 #
2018/0329(COD)
Proposal for a directive
Recital 47
Recital 47
(47) Member States' return authorities need to process personal data to ensure the proper implementation of return procedures and the successful enforcement of return decisions. The third countries of return are often not the subject of adequacy decisions adopted by the Commission under Article 45 of Regulation (EU) 2016/679 of the European Parliament and of the Council18, or under Article 36 of Directive (EU) 2016/68019, and have often not concluded or do not intend to conclude a readmission agreement with the Union or otherwise provide for appropriate safeguards within the meaning of Article 46 of Regulation (EU) 2016/679 or within the meaning of the national provisions transposing Article 37 of Directive (EU) 2016/680. Despite the extensive efforts of the Union in cooperating with the main countries of origin of illegally staying third-country nationals subject to an obligation to return, it is not always possible to ensure such third countries systematically fulfil the obligation established by international law to readmit their own nationals. Policies involving diplomatic and economic pressure should be applied in order to encourage them to do so. Readmission agreements, concluded or being negotiated by the Union or the Member States and providing for appropriate safeguards for the transfer of data to third countries pursuant to Article 46 of Regulation (EU) 2016/679 or pursuant to the national provisions transposing Article 36 of Directive (EU) 2016/680, cover a limited number of such third countries. In the situation where such agreements do not exist, personal data should be transferred by Member States' competent authorities for the purposes of implementing the return operations of the Union, in line with the conditions laid down in Article 49(1)(d) of Regulation (EU) 2016/679 or in the national provisions transposing Article 38 of Directive (EU) 2016/680. _________________ 18Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119 4.5.2016, p. 1 p. 1. 19 Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA (OJ L 119, 4.5.2016, p. 89).
Amendment 380 #
2018/0329(COD)
Proposal for a directive
Article 4 – paragraph 4 – point b
Article 4 – paragraph 4 – point b
Amendment 382 #
2018/0329(COD)
Proposal for a directive
Article 5 – title
Article 5 – title
5 Non-refoulement, bBest interests of the child, family life and state of health
Amendment 386 #
2018/0329(COD)
Proposal for a directive
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 391 #
2018/0329(COD)
Proposal for a directive
Article 6 – paragraph 1 – introductory part
Article 6 – paragraph 1 – introductory part
1. The objective criteria referred to in point 7 of Article 3 shall include at least the following criteria and any other criterion deemed useful by Member States:
Amendment 448 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) the duty to provide all the elements that are necessary for establishing or verifying identity, including age through bone or dental tests;
Amendment 475 #
2018/0329(COD)
Proposal for a directive
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The elements referred to in point (a) of paragraph 1 shall include the third- country nationals’ statements and documentation in their possession regarding the identity, nationality or nationalities, age and means of verifying the declared age through a bone or dental test, country or countries and place or places of previous residence, travel routes and travel documentation, and any other element that Member States may deem useful.
Amendment 562 #
2018/0329(COD)
Proposal for a directive
Article 11 – paragraph 1 – point a
Article 11 – paragraph 1 – point a
Amendment 589 #
2018/0329(COD)
Proposal for a directive
Article 13 – paragraph 2
Article 13 – paragraph 2
2. Member States mayshall impose an entry ban, which does not accompany a return decision, to a third-country national who has been illegally staying in the territory of the Member States and whose illegal stay is detected in connection with border checks carried out at exit in accordance with Article 8 of Regulation (EU) 2016/399, where justified on the basis of the specific circumstances of the individual case and taking into account the principle of proportionality.
Amendment 641 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 3 – subparagraph 1
Article 16 – paragraph 3 – subparagraph 1
The enforcement of the return decision shall be automatically suspended during the period for bringing the appeal at first instance and, where that appeal has been lodged within the set period, during the examination of the appeal, where there is a risk to breach the principle of non- refoulement. Should a further appeal against a first or subsequent appeal decision be lodged, and in all other cases, the enforcement of the return decision shall not be suspended unless a court or tribunal decides otherwise taking into due account the specific circumstances of the individual case upon the applicant’s request or acting ex officio.
Amendment 658 #
2018/0329(COD)
Proposal for a directive
Article 16 – paragraph 4 – subparagraph 2
Article 16 – paragraph 4 – subparagraph 2
Member States shall grant a period not exceeding fivthree days to lodge an appeal against a return decision when such a decision is the consequence of a final decision rejecting an application for international protection taken in accordance with Regulation (EU) …/… [Asylum Procedure Regulation].
Amendment 685 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 1 – subparagraph 3
Article 18 – paragraph 1 – subparagraph 3
Amendment 690 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 3
Article 18 – paragraph 3
Amendment 693 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 5
Article 18 – paragraph 5
5. Detention shall be maintained for as long a period as the conditions laid down in paragraph 1 are fulfilled and it is necessary to ensure successful removal. Each Member State shall set a maximum period of detention of not less than three months and not more than six monthstheir choosing.
Amendment 697 #
2018/0329(COD)
Proposal for a directive
Article 18 – paragraph 6
Article 18 – paragraph 6
Amendment 747 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 5
Article 22 – paragraph 5
5. Member States shall grant a period not exceeding 248 hours to lodge an appeal against the return decisions based on a final decision rejecting an application for international protection taken by virtue of Article 41 of Regulation (EU) …/… [Asylum Procedure Regulation] at the border or in transit zones of the Member States.
Amendment 748 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 1
Article 22 – paragraph 6 – subparagraph 1
Amendment 750 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 6 – subparagraph 2
Article 22 – paragraph 6 – subparagraph 2
Amendment 751 #
2018/0329(COD)
Proposal for a directive
Article 22 – paragraph 7 – subparagraph 2
Article 22 – paragraph 7 – subparagraph 2
Detention shall be for as short a period as possible, which shall in no case excemaintained four months. It may be maintained onlyat least as long as removal arrangements are in progress and executed with due diligence.